TRADEMARKS, COPYRIGHTS & RESTRICTIONS
All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the “Materials”) are protected by copyrights which are owned or licensed by the SammetPools.com otherwise referenced as the “Company”. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from SammetPoolscom or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.
By using this web site, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.
THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
The Materials provided on this web site are for entertainment and promotional purposes only. Information and opinions expressed in SammetPools.com are not necessarily those of the Company. Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company’s web site.
This site is controlled and operated by the Company from the Company’s headquarters in Fort Lauderdale, Florida. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of Florida. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.
FURTHER DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THE SAMMETPOOLS.COM AND THIS WEB SITE ARE AT HIS OR HER SOLE RISK. NEITHER SAMMETPOOLS.COM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR THE BUSINESS DIRECTORY.
B. THIS WEB SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT SAMMETPOOLS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, USERS, OR OTHER USERS OF THE BUSINESS DIRECTORY AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH USER.
D. IN NO EVENT WILL SAMMETPOOLS.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF THE BREACH OF ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE AND THE BUSINESS DIRECTORY.
E. SAMMETPOOLS.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THIS WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE WEBSITE BY ANYONE OTHER THAN AUTHORIZED SAMMETPOOLS.COM EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL SAMMETPOOLS.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEB SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
F. SAMMETPOOLS.COM DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
G. USER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL SAMMETPOOLS.COM, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (I) THE USE BY SUCH USER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (II) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.
H. USER AGREES THAT THE LIABILITY OF SAMMETPOOLS.COM, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE INFORMATION IN THIS WEB SITE SHALL NOT EXCEED THE AMOUNT USER PAID TO SAMMET POOLS, INC., FOR USE OF THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER.
User agrees to indemnify and hold SammetPools.com, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from a user’s use of this Web site or from User’s violation of this Agreement or any third party’s rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and User’s use of this Web site.
LINKS TO THIRD-PARTY SITES
This Web site contains hyperlinks to other Web sites operated by parties other than SammetPools.com, and other resources and advertisers. Such hyperlinks are provided for User’s reference only. SammetPools.com is not responsible for the availability of these external sites, nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. SammetPools.com’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. You further acknowledge and agree that SammetPools.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
These links are provided for your convenience only and you access them at your own risk. SammetPools.com has no control over such sites and resources, you acknowledge and agree that SammetPools.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
The information available through this Web site is the property of SammetPools.com or its licensors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Information received through this Web site may be displayed, reformatted, and printed for user’s personal, non-commercial use only. User agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Web site to anyone, including but not limited to others in the same company or organization, without the express prior written consent of SammetPools.com.
Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of SammetPools.com or its clients. The mark “SammetPools.com” and the contents of this Web site are the sole property of Sammet Pools, Inc. Reproduction in whole or in part is strictly prohibited without explicit written permission from Sammet Pools, Inc.
The SAMMETPOOLS.COM and www.SAMMETPOOLS.COM.com are servicemarks or trademarks of Sammet Pools, Inc. and may not be used without express written permission.
MODIFICATION OF THESE TERMS AND CONDITIONS
SAMMETPOOLS.COM shall have the right at any time to impose, change, or modify the terms and conditions applicable to User’s use of this Web site, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Web site a revised version of this Agreement, and notification by electronic or conventional mail. If any such change is unacceptable to User, User may terminate his or her Usership account as provided in the section below. Any use of this Web site by user after such notice (other than to terminate user’s subscription pursuant to the section below) shall conclusively be deemed to constitute acceptance by User of such changes, modifications, additions, or deletions. User agrees to review the terms and conditions periodically to be aware of such revisions. User may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.
Either SAMMETPOOLS.COM or User may terminate this Agreement at any time. User’s only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of SAMMETPOOLS.COM in operating this Web site, (ii) content available through this Web site or any change therein, or (iii) amount or type of fees or billing methods, or any change thereof, is to terminate this by sending email to webmaster@SAMMETPOOLS.COM User’s notice of termination will be effective upon receipt by SAMMETPOOLS.COM. SAMMETPOOLS.COM has no obligation to provide user with notice of termination.
The terms of the sections of this Agreement entitled Copyright and Limitations on Use, Disclaimers of Warranties and Limitations of Liability, and Indemnification, shall remain in effect after this Agreement has terminated by SAMMETPOOLS.COM or by User.
Each User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Web site, and User shall be responsible for all charges related thereto.
Personal data provided by any user to SAMMETPOOLS.COM will be used only in connection with services provided on this Web site and will not be given to others. While SAMMETPOOLS.COM will seek to require third-party content providers and other parties to adhere to SAMMETPOOLS.COM’s privacy policies, SAMMETPOOLS.COM does not bear any responsibility for any actions or policies of such third parties. User should be aware that when User voluntarily discloses personal information (e.g., username, email address), that information can be collected and used by others and may result in unsolicited messages from other posters or parties.
This Agreement and any operating rules for this Web site established by SAMMETPOOLS.COM constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.