LOUDENBONDEDPOOLS.COM USER AGREEMENT
Welcome to Loudenbondedpools.com 's User Agreement. This Agreement is a legal agreement between you and Loudenbondedpools.com regarding your use of Loudenbondedpools.com 's web site proprietary services ("Services"). By using the Services, you are agreeing to the terms and conditions included in this Agreement (the "Terms of Service").
1. Loudenbondedpools.com Services. This agreement covers your use of Loudenbondedpools.com 's
Services on this site only. Your use of services on other sites will be covered
by separate agreements. Our Services are available only to individuals who can
form legally binding contracts under applicable law, and therefore, excludes
minors.
2. Use of the Services. You may use the Services for personal and business
purposes. However, you may not sell, lease or resell the services to or on
behalf of any other party. In addition, you may not use, or permit to be used,
Loudenbondedpools.com Services in violation of any applicable law, regulation
or policy, or in violation of any third parties' rights.
3. Terms and Conditions of Use.
(a)
Agreement to Terms. By using the information, services and products available
through Loudenbondedpools.com you are
agreeing to the terms and conditions contained herein.
(b)
Modification. Loudenbondedpools.com reserves the right to modify the Terms of
Service at any time, and such modifications shall be effective immediately upon
the earlier of posting of the modified Terms of Service or by e-mail notification
to you.
(c)
You agree to review these Terms of Service periodically to be aware of such
modifications, and your continued access or use of this web site shall be
deemed your acceptance of the modified Terms of Service.
(d)
You agree that these standards for notice of changes are reasonable.
(e)
You acknowledge and agree that Loudenbondedpools.com or its affiliates may deny
you access to or use of all or part of this web site without prior notice if
you engage in any conduct or activities that Loudenbondedpools.com in its sole discretion believes violates any
of these Terms of Service, violates the rights of Loudenbondedpools.com , or is
otherwise inappropriate for continued access and use of this web site.
4. Your Information.
(a)
By giving us your email address, you are certifying in this Agreement that you
have the right to use your email address.
(b)
By providing information to us via this web site (such a, feedback, data,
comments, questions, suggestions, plans or ideas), you agree that such information
shall be non confidential and that Loudenbondedpools.com shall have unlimited rights to (or not to):
use, distribute, reproduce, and disclose such information as
Loudenbondedpools.com deems
appropriate, without compensation or acknowledgement of its source.
Loudenbondedpools.com shall be free to
use any ideas, concepts, know-how or techniques contained in information you
provide Loudenbondedpools.com through
Loudenbondedpools.com 's web site.
(c)
In exchange for use of this web site, you agree that any information you submit
to us will be current and complete and will not violate the rights of any third
parties, and you agree to defend, indemnify, and hold harmless
Loudenbondedpools.com , its affiliates and content suppliers, and their successors
against any claims by third-parties alleging facts in breach of these
representations.
(d)
While Loudenbondedpools.com will not
knowingly divulge your email address or any other personal information to
outside parties, you agree that Loudenbondedpools.com will not be liable for acquisition or use of your information by
any third party without Loudenbondedpools.com 's knowledge or consent. In turn,
you agree that Loudenbondedpools.com
will not be liable for the acquisition or use of personal information
about you that is not under our control.
(e)
Loudenbondedpools.com is against
unsolicited e-mail (SPAM) as a matter of policy. Therefore, we will NOT send
you any advertisement-only messages as part of the Services. However, in order
to support this FREE service, you will receive advertisements within the email
notifications you receive.
5. Ownership.
(a)
Loudenbondedpools.com has and shall
retain all right, title and interest in and to any software or technology used
in providing the Services, and all intellectual property rights therein.
(b)
All content included on this web site, including text, graphics, logos,
buttons, icons, and images, is the property of Loudenbondedpools.com or its affiliates, content suppliers, or
other licensors, with ownership as indicated by specific copyright and
trademark notices and/or context, and is protected by U.S, and international
copyright and trademark laws.
6. Consumer Information. The consumer information contained here is intended, in
part, to alert the reader to pertinent issues regarding this site. The
information contained herein is not intended as a substitute for professional
consultation. If professional assistance is required, the services of a
competent professional person should be sought.
7. Pricing and Availability. Any pricing information listed on this web site is subject
to change without notice. Certain items herein may be discontinued or may be
unavailable in some areas.
8. Disclaimers.
(a)
The availability of the Services depends on many factors, including your
connection to the Internet, the availability of the Loudenbondedpools.com 's web site or services, and equipment that
is not, by its nature, fault tolerant.
(b)
THE SERVICES ARE PROVIDED "AS IS". NO WARRANTIES ARE PROVIDED, WHETHER
WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED
OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR
INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.
(c)
LOUDENBONDEDPOOLS.COM AND ITS SUPPLIERS
SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT
AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY
AND USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED
THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION
OR USE OF YOUR INFORMATION.
(d)
Loudenbondedpools.com and its
affiliates and content suppliers reserve the right to alter or delete the
products, services and information available from this web site at any time.
(e)
The information contained in this World Wide Web site is provided for
informational purposes only. While Loudenbondedpools.com has tried to provide accurate and timely
information1 there may be inadvertent inaccuracies and typographical errors. We
reserve the right to make changes and corrections at any time, without notice.
(f)
Loudenbondedpools.com does not warrant
the accuracy, completeness or usefulness of the information, text, links or
other items contained on this web site and Loudenbondedpools.com expressly disclaims liability for errors or
omissions in these materials.
(g)
Loudenbondedpools.com makes no
commitment to update the information contained on this web site.
(h)
Third party web sites listed as hypertext links herein are not under the
control of Loudenbondedpools.com . Accordingly, Loudenbondedpools.com can make no representation concerning the
content of these web sites nor can the fact that Loudenbondedpools.com has included this link serve as an
endorsement by Loudenbondedpools.com of
any of these web sites.
(i)
Nothing contained in this web site constitutes investment advice.
(j)
All sales of products listed herein are subject to our usual terms and
conditions of sale.
9. Trademarks.
All trademarks, company names, and product names are the property of their
respective owners.
10. Copyright.
The content of this web site, including but not limited to the text and images
herein and their arrangement are copyright @2OO1 Loudenbondedpools.com . All
Rights Reserved. Certain images herein are owned by and have been provided by
our members and are used with permission. Please contact us if you are
interested in receiving permission for commercial or non-commercial use of any
of the images or content herein.
11. Limitation of liability. IN NO EVENT WILL LOUDENBONDEDPOOLS.COM , ITS SUPPLIERS,
LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN
CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION.
IN NO EVENT SHALL LOUDENBONDEDPOOLS.COM ’S, ITS SUPPLIERS' OR ITS LICENSEES'
AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT
EXCEED ONE HUNDRED DOLLARS ($100).
12. Indemnification.
(a)
You agree to indemnify, defend and hold harmless Loudenbondedpools.com , its
affiliates, officers, directors, employees, consultants, agents and suppliers
from and against any and all claims, liability, damages and/or costs (including
but not limited to reasonable attorneys' fees) arising from your use of this
web site and the Services provided under this Agreement, the violation of these
terms and conditions by you, or the infringement by you, or other users of
Loudenbondedpools.com 's web site
through the use of your computer or your infringement of any intellectual
property or other right of any person or entity.
(b)
Loudenbondedpools.com reserves the
right at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you.
13. Termination of Service.
(a)Either
you or Loudenbondedpools.com may
terminate this Agreement and the Services at any time and for any reason, but
until that time it remains in full force and effect.
(b)
These terms are effective until terminated by either party. You may terminate
these terms at any time by destroying all materials obtained from any and all
Loudenbondedpools.com site(s) and all
related documentation and all copies and installations thereof, whether made
under the terms of these terms or otherwise.
(c)
These terms will terminate immediately without notice from
Loudenbondedpools.com if in
Loudenbondedpools.com 's sole discretion you fail to comply with any term or
provision of this Agreement.
(d)
Upon termination, you must destroy all materials obtained from the site and any
and all other Loudenbondedpools.com
site(s) and all copies thereof, whether made under the terms of these
terms or otherwise.
(e)
The terms of this Section and Sections 4, 5, 8,11 and 12 will survive any
termination of this Agreement.
14. Message Center Policies
(a)
Loudenbondedpools.com does not and
cannot monitor each and every message posted in the message Center.
(b)
Loudenbondedpools.com is not
responsible for any message posted, and does not vouch for or warrant the
accuracy, validity, completeness or usefulness of any message. The messages
express the views of their authors, not necessarily the views of
Loudenbondedpools.com .
(c)
By posting in the Message Center, you agree:
·
Many areas of
Loudenbondedpools.com are
"public", such as our Message Center. By submitting content in these
public areas, you grant to Loudenbondedpools.com the complete right to use, reproduce, modify, distribute, etc.,
the content in any part, anywhere.
·
Although
Loudenbondedpools.com is not
responsible for the content of these messages, we at Loudenbondedpools.com reserve the right to delete any message for
any reason or no reason whatsoever.
·
You remain
solely responsible for the content of your messages, and you agree to indemnify
and hold harmless Loudenbondedpools.com
and its agents with respect to any claim based upon transmission of your
message(s).
·
We at
Loudenbondedpools.com also reserve the
right to reveal your identity (or whatever information we know about you) in
the event of a complaint or legal action arising from any message posted by
you.
·
Loudenbondedpools.com may delete any and all information,
communications, postings, or web pages for online conduct that
Loudenbondedpools.com believes is
harmful to other members or users of this web site, the business of
Loudenbondedpools.com or other
third-party information providers.
(d)
Loudenbondedpools.com reserves the
right to end a discussion or lock a thread if we feel that the discussion has
become unproductive or combative, or if the topic is unnecessarily dominating
the message center. Loudenbondedpools.com
reserves the right to lock a thread if there have been no messages in it
for 30 days.
15. Community Guidelines
(a)
Loudenbondedpools.com takes pride in
its community. We are protective of this community and want it to thrive and
grow. For this reason, we have implemented the Community Guidelines, which are
outlined below. These guidelines explain what you can expect of
Loudenbondedpools.com , as well as the kind of online behavior we expect of
you.
(b)
The number one guideline to be followed at all times is "treat others as
you would like to be treated yourself." Abuse of other members will
absolutely not be tolerated.
(c)
Also, remember that community standards are always evolving. It is important
that you periodically check this document for alterations and updates. It's all
part of taking pride in and protecting the Loudenbondedpools.com community. Thanks for doing your part.
(d)
Online conduct should be guided by common sense and basic etiquette. You will
be considered in violation of our Community Guidelines if you do any of the
following:
·
Use strong
vulgar language, crude or explicit sexual references, demeaning racial or
ethnic remarks, and/or hate speech.
·
Post any
material which is knowingly false and/or defamatory, or invasive of a person's
privacy.
·
Harass,
threaten, or intimidate another member. During debate or disagreement, always
address the issue at hand, not the individual.
·
Create
multiple accounts for use on Loudenbondedpools.com .
·
Post,
transmit, or distribute illegal content.
·
Post,
transmit, or distribute copyrighted or trademarked content without
authorization.
·
Impersonate
another member or individual. Impersonating a member, celebrity,
Loudenbondedpools.com employee, or
administrator/moderator will result in immediate expulsion from the community.
·
Attempt to
access other members' passwords, account information, or private information.
Remember: Loudenbondedpools.com
employees will NEVER ask for your password. Don't EVER give your
password out to anyone.
·
Collect member
information via Loudenbondedpools.com 's member information retrieval function.
The use of such information for the purpose of sending unsolicited bulk e-mail
is strictly prohibited.
·
Engage in
unsolicited email spamming of Loudenbondedpools.com members or message forums.
·
Promote chain
letters and pyramid schemes, illegal or not, in the Loudenbondedpools.com message center or via private email to our
members.
·
Advertise
products or services in Loudenbondedpools.com 's Message Center or to our
members. This includes (but is not limited to) auction sites and auction
related discussion forums.
16. Moderation and Enforcement of Guidelines
(a)
Moderation messages will be public. This is not done to embarrass or upset the
poster but, rather, to serve as a learning experience for all users. Similarly,
messages will not be deleted unless they are obscene, invasive of a person's
privacy, or otherwise in gross violation of our guidelines. The poster will be
warned in the same thread, with the relevant portion of the message quoted as
necessary. The poster, of course, always retains the option of editing their
initial message.
(b)
Moderations will follow a three step process:
·
Informal Warning. This may or may not contain those words but is a message
from the Moderator indicating that you have crossed the line. Please pay
attention to such messages and follow the Moderator's instructions.
·
Formal Warning. If a user has received an informal warning and, in the next
30 days violates this or another guideline, s/he will receive a formal warning.
Formal warnings may also be issued immediately for gross violations of the
rules, directly insulting another user, or arguing a moderation call in the
thread.
·
Suspension.
A user who has been issued a formal warning and again violates Community
Guidelines will receive a 30 day suspension. Suspensions are automatic, but may
be appealed via email. We reserve the right to issue a suspension for blatant
attempts to disrupt the forum, use of multiple Ids in any Message Center forum,
or if in the opinion of the Moderator, such an action is required to ensure the
safety, comfort and/or enjoyment of the forum by other users. Continued
violation of Loudenbondedpools.com
Community Guidelines after suspension may result in permanent expulsion.
17. Miscellaneous.
(a)
Entire Agreement. This Agreement constitutes the entire agreement between you
and Loudenbondedpools.com with respect
to the Services and supersedes all other agreements, contemporaneous and prior,
between you and Loudenbondedpools.com
with respect to the Services.
(b)
Nonwaiver. Loudenbondedpools.com 's failure to enforce any provision of this
Agreement will not be construed as a waiver of any provision or right.
(c)
Amendment. Loudenbondedpools.com can
revise these Terms and Conditions by updating this posting. No amendment or
modification hereof will be valid or binding upon either party unless assented
to by Loudenbondedpools.com .
(d)
Severability. In the event that a portion of this Agreement is held
unenforceable, the unenforceable portion will be construed in accordance with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions will remain in full force and
effect.
(e)
No Estoppel. Waiver by either party of a breach of any provision of this
Agreement or the failure by either party to exercise any right hereunder shall
not operate or be construed as a waiver of any subsequent breach of that right
or as a waiver of any other right.
(f)
Act of God. Loudenbondedpools.com will
not be liable in any amount for failure to perform any obligation under this
Agreement if such failure is caused by the occurrence of any unforeseen
contingency beyond the reasonable control of such party including without
limitation Internet outages, communications outages, fire, flood, war or act of
God.
(g)
No Obligation to Monitor. Loudenbondedpools.com does not have any obligation to monitor use of the Services, but
Loudenbondedpools.com may do so and may
also disclose information regarding your use of the Services to satisfy laws,
regulations or other government requests.
(h)
North Carolina Agreement. As you are accessing the information on the
Loudenbondedpools.com web site on a
server in Salisbury, North Carolina, the information contained on
Loudenbondedpools.com web site shall be
deemed provided in North Carolina and shall be deemed subject to North Carolina
law. These Terms and Conditions will be governed and interpreted pursuant to
the laws of North Carolina, notwithstanding any principles of conflicts of law.
18. Contacting Us. You may contact Loudenbondedpools.com at 4306 South U.S. 1,
Ft. Pierce, FL 34982, United States of America. Telephone: 561.465.2700. FAX:
561.465.1063.
THANK YOU FOR
VISITING AND USING THE LOUDENBONDEDPOOLS.COM WEB SITE. WE APPRECIATE YOU AS A
CUSTOMER.
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All Rights Reserved
For Questions or Comments Contact Us