Acceptance of terms of use and amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference.

Premier Custom Pools & Spas service

This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that Premier Custom Pools & Spas reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, Premier Custom Pools & Spas will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of Premier Custom Pools & Spas' Privacy policy.

Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Premier Custom Pools & Spas will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

Reservation of rights

Premier Custom Pools & Spas reserves all of Premier Custom Pools & Spas' rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Premier Custom Pools & Spas may have in respect of this web site, its content, and goods and services that may be provided. The use of Premier Custom Pools & Spas' rights. and property requires Premier Custom Pools & Spas' prior written consent. By making services available to you, Premier Custom Pools & Spas is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Premier Custom Pools & Spas' prior written consent.

Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Premier Custom Pools & Spas' copyright agent may be contacted via:

sales@premiercustompools.com

Indemnification

You agree to indemnify and hold harmless Premier Custom Pools & Spas and Premier Custom Pools & Spas' representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out connection with this web site or service, your provision of content, your violation of these terms of use, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND PREMIER CUSTOM POOLS & SPAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PREMIER CUSTOM POOLS & SPAS MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER PREMIER CUSTOM POOLS & SPAS NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT PREMIER CUSTOM POOLS & SPAS WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PREMIER CUSTOM POOLS & SPAS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PREMIER CUSTOM POOLS & SPAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Reservation of rights

Premier Custom Pools & Spas reserves all of Premier Custom Pools & Spas' rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Premier Custom Pools & Spas may have in respect of this web site, its content, and goods and services that may be provided. The use of Premier Custom Pools & Spas' rights. and property requires Premier Custom Pools & Spas' prior written consent. By making services available to you, Premier Custom Pools & Spas is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Premier Custom Pools & Spas' prior written consent.

Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Premier Custom Pools & Spas' copyright agent may be contacted via:

sales@premiercustompools.com

You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at Premier Custom Pools & Spas' domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Premier Custom Pools & Spas' domicile, and that any disputes will be heard by the said courts.

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Premier Custom Pools & Spas may assign Premier Custom Pools & Spas' rights and obligations under these Terms of use; in this event, Premier Custom Pools & Spas will be relieved of any further obligation