PoolForce - Pools and patios Terms And Conditions

TERMS OF USE

Last updated May 22, 2019

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on

behalf of an entity (“you”) and Poolforce LLC, doing business as Poolforce, Poolforce & SPA,

Poolforcellc.com (“Poolforce, Poolforce & SPA, Poolforcellc.com”, “we”, “us”, or “our”), concerning your

access to and use of the https://poolforcellc.com website as well as any other media form, media channel,

mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE

IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are

hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make

changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any

changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive

specific notice of each such change. It is your responsibility to periodically review these Terms of Use to

stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to

have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date

such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any

jurisdiction or country where such distribution or use would be contrary to law or regulation or which would

subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons

who choose to access the Site from other locations do so on their own initiative and are solely responsible

for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted

to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases,

functionality, software, website designs, audio, video, text, photographs, and graphics on the Site

(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”)

are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and

various other intellectual property rights and unfair competition laws of the United States, foreign

jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for

your information and personal use only. Except as expressly provided in these Terms of Use, no part of the

Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,

publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for

any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site

and to download or print a copy of any portion of the Content to which you have properly gained access

solely for your personal, noncommercial use.

We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true,

accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly

update such registration information as necessary; (3) you have the legal capacity and you agree to comply

with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not

access the Site through automated or nonhuman

means, whether through a bot, script, or otherwise; (6)

you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate

any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to

suspend or terminate your account and refuse any and all current or future use of the Site (or any portion

thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be

responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a

username you select if we determine, in our sole discretion, that such username is inappropriate, obscene,

or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available.

The Site may not be used in connection with any commercial endeavors except those that are specifically

endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a

collection, compilation, database, or directory without written permission from us.

2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of

users by electronic or other means for the purpose of sending unsolicited email, or creating user

accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on the Site.

4. Use the Site to advertise or offer to sell goods and services.

5. Circumvent, disable, or otherwise interfere with security related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

6. Engage in unauthorized framing of or linking to the Site.

7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account

information such as user passwords.

8. Make improper use of our support services or submit false reports of abuse or misconduct.

9. Engage in any automated use of the system, such as using scripts to send comments or messages,

or using any data mining, robots, or similar data gathering and extraction tools.

10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected

to the Site.

11. Attempt to impersonate another user or person or use the username of another user.

12. Sell or otherwise transfer your profile.

13. Use any information obtained from the Site in order to harass, abuse, or harm another person.

14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content

for any revenue generating

endeavor or commercial enterprise.

15. Use the Site in a manner inconsistent with any applicable laws or regulations.

16. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

17. Except as may be the result of standard search engine or Internet browser usage, use, launch,

develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility,

scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other

software.

18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active

information collection or transmission mechanism, including without limitation, clear graphics

interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred

to as “spyware” or “passive collection mechanisms” or “pcms”).

19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,

including excessive use of capital letters and spamming (continuous posting of repetitive text), that

interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

20. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or

other code.

21. Delete the copyright or other proprietary rights notice from any Content.

22. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any

portion of the Site to you.

23. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or

any portion of the Site.

24. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any

way making up a part of the Site.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and

other functionality, and may provide you with the opportunity to create, submit, post, display, transmit,

perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited

to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or

other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and

through thirdparty

websites. As such, any Contributions you transmit may be treated as nonconfidential

and nonproprietary.

When you create or make available any Contributions, you thereby represent and

warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing,

downloading, or copying of your Contributions do not and will not infringe the proprietary rights,

including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third

party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and

permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in

any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual

person in your Contributions to use the name or likeness of each and every such identifiable individual

person to enable inclusion and use of your Contributions in any manner contemplated by the Site and

these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid

schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,

or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or

threaten physical harm against another.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under

the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any federal or state law concerning child pornography, or

otherwise intended to protect the health or wellbeing

of minors;

13. Your Contributions do not include any offensive comments that are connected to race, national

origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other

things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by

linking your account from the Site to any of your social networking accounts, you automatically grant, and

you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable,

perpetual, nonexclusive,

transferable, royaltyfree,

fullypaid,

worldwide right, and license to host, use,

copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,

publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions

(including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise,

and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and

authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and

through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes

our use of your name, company name, and franchise name, as applicable, and any of the trademarks,

service marks, trade names, logos, and personal and commercial images you provide. You waive all moral

rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your

Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your

Contributions and any intellectual property rights or other proprietary rights associated with your

Contributions. We are not liable for any statements or representations in your Contributions provided by

you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly

agree to exonerate us from any and all responsibility and to refrain from any legal action against us

regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any

Contributions; (2) to recategorize

any Contributions to place them in more appropriate locations on the

Site; and (3) to prescreen

or delete any Contributions at any time and for any reason, without notice. We

have no obligation to monitor your Contributions.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with thirdparty

service providers (each such account, a “ThirdParty

Account”) by either: (1) providing your ThirdParty

Account login information through the Site; or (2) allowing us to access your ThirdParty

Account, as

is permitted under the applicable terms and conditions that govern your use of each ThirdParty

Account.

You represent and warrant that you are entitled to disclose your ThirdParty

Account login information to us

and/or grant us access to your ThirdParty

Account, without breach by you of any of the terms and

conditions that govern your use of the applicable ThirdParty

Account, and without obligating us to pay any

fees or making us subject to any usage limitations imposed by the thirdparty

service provider of the ThirdParty

Account. By granting us access to any ThirdParty

Accounts, you understand that (1) we may access,

make available, and store (if applicable) any content that you have provided to and stored in your ThirdParty

Account (the “Social Network Content”) so that it is available on and through the Site via your

account, including without limitation any friend lists and (2) we may submit to and receive from your ThirdParty

Account additional information to the extent you are notified when you link your account with the

ThirdParty

Account. Depending on the ThirdParty

Accounts you choose and subject to the privacy

settings that you have set in such ThirdParty

Accounts, personally identifiable information that you post to

your ThirdParty

Accounts may be available on and through your account on the Site. Please note that if a

ThirdParty

Account or associated service becomes unavailable or our access to such Third Party Account

is terminated by the thirdparty

service provider, then Social Network Content may no longer be available

on and through the Site. You will have the ability to disable the connection between your account on the

Site and your ThirdParty

Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE

THIRDPARTY

SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRDPARTY

ACCOUNTS IS

GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRDPARTY

SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for

accuracy, legality, or noninfringement,

and we are not responsible for any Social Network Content. You

acknowledge and agree that we may access your email address book associated with a ThirdParty

Account and your contacts list stored on your mobile device or tablet computer solely for purposes of

identifying and informing you of those contacts who have also registered to use the Site. You can

deactivate the connection between the Site and your ThirdParty

Account by contacting us using the

contact information below or through your account settings (if applicable). We will attempt to delete any

information stored on our servers that was obtained through such ThirdParty

Account, except the

username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other

information regarding the Site (“Submissions”) provided by you to us are nonconfidential

and shall become

our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be

entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial

or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any

such Submissions, and you hereby warrant that any such Submissions are original with you or that you

have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged

or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRDPARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“ThirdParty

Websites”) as

well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,

applications, software, and other content or items belonging to or originating from third parties (“ThirdParty

Content”). Such ThirdParty

Websites and ThirdParty

Content are not investigated, monitored, or checked

for accuracy, appropriateness, or completeness by us, and we are not responsible for any ThirdParty

Websites accessed through the Site or any ThirdParty

Content posted on, available through, or installed

from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other

policies of or contained in the ThirdParty

Websites or the ThirdParty

Content. Inclusion of, linking to, or

permitting the use or installation of any ThirdParty

Websites or any ThirdParty

Content does not imply

approval or endorsement thereof by us. If you decide to leave the Site and access the ThirdParty

Websites

or to use or install any ThirdParty

Content, you do so at your own risk, and you should be aware these

data gathering practices, of any website to which you navigate from the Site or relating to any applications

you use or install from the Site. Any purchases you make through ThirdParty

Websites will be through

other websites and from other companies, and we take no responsibility whatsoever in relation to such

purchases which are exclusively between you and the applicable third party. You agree and acknowledge

that we do not endorse the products or services offered on ThirdParty

Websites and you shall hold us

harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold

us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way

from any ThirdParty

Content or any contact with ThirdParty

Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)

take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of

Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole

discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent

technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and

without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that

are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a

manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

We care about data privacy and security. Please review our Privacy

Policy: https://poolforcellc.com/privacypolicy/.

By using the Site, you agree to be bound by our Privacy

Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United

States. If you access the Site from the European Union, Asia, or any other region of the world with laws or

other requirements governing personal data collection, use, or disclosure that differ from applicable laws in

the United States, then through your continued use of the Site, you are transferring your data to the United

States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to

children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive

actual knowledge that anyone under the age of 13 has provided personal information to us without the

requisite and verifiable parental consent, we will delete that information from the Site as quickly as is

reasonably practical.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through

the Site infringes upon any copyright you own or control, please immediately notify our Designated

will be sent to the person who posted or stored the material addressed in the Notification. Please be

advised that pursuant to federal law you may be held liable for damages if you make material

misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the

Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following

information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been

infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list

of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the

subject of infringing activity and that is to be removed or access to which is to be disabled, and information

reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to

contact the complaining party, such as an address, telephone number, and, if available, an email address

at which the complaining party may be contacted; (5) a statement that the complaining party has a good

faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its

agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty

of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is

allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or

misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent]

using the contact information provided below (a “Counter Notification”). To be an effective Counter

Notification under the DMCA, your Counter Notification must include substantially the following: (1)

identification of the material that has been removed or disabled and the location at which the material

appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the

Federal District Court in which your address is located, or if your address is outside the United States, for

any judicial district in which we are located; (3) a statement that you will accept service of process from the

party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a

statement under penalty of perjury that you have a good faith belief that the material in question was

removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will

restore your removed or disabled material, unless we first receive notice from the party filing the

Notification informing us that such party has filed a court action to restrain you from engaging in infringing

activity related to the material in question. Please note that if you materially misrepresent that the disabled

or removed content was removed by mistake or misidentification, you may be liable for damages, including

costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent:

SAMUEL KAMAU

Attn: Copyright Agent

309 N rosemont rd #204

Virginia Beach, VA 23452

[email protected]

TERMS AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY

OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE

DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE

(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR

NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,

WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW

OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE

YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,

WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a

new account under your name, a fake or borrowed name, or the name of any third party, even if you may

be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the

right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive

redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at

our sole discretion without notice. However, we have no obligation to update any information on our Site.

We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will

not be liable to you or any third party for any modification, price change, suspension, or discontinuance of

the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or

other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or

errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site

at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any

loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or

discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and

support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws

of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the

Commonwealth of Virginia, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of

Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party”

and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those

Disputes expressly provided below) informally for at least one hundred twenty (120) days before initiating

arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those

Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU

UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT

AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial

Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s

Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are

available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation

shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer

Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or

online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless

requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if

the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law,

the arbitration will take place in Virginia Beach County, Virginia. Except as otherwise provided herein, the

Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,

modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or

prosecuted in the state and federal courts located in Virginia Beach County, Virginia, and the Parties

hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with

respect to venue and jurisdiction in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information

Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more

than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable,

then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be

illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the

courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the

full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right

or authority for any Dispute to be arbitrated on a classaction

basis or to utilize class action procedures;

and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on

behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal

negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the

validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from,

allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If

this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute

falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be

decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties

agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions,

including descriptions, pricing, availability, and various other information. We reserve the right to correct

any errors, inaccuracies, or omissions and to change or update the information on the Site at any time,

without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN ASIS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF

THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT

PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION

WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR

COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE

SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,

OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY

DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF

THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY

AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,

VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND

MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE

OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE

DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT

OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY

HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER

OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE

FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY

PROVIDERS OF

PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY

MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE

CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR

ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,

SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY

CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY

YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR

ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE

ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our

respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or

demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out

of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your

representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third

party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other

user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right,

at your expense, to assume the exclusive defense and control of any matter for which you are required to

indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use

reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this

indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of

the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of

data, you are solely responsible for all data that you transmit or that relates to any activity you have

undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any

such data, and you hereby waive any right of action against us arising from any such loss or corruption of

such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You

consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and

other communications we provide to you electronically, via email and on the Site, satisfy any legal

requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF

ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO

ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED

OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any

statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature

or delivery or retention of nonelectronic

records, or to payments or the granting of credits by any means

other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the

Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North

Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 9525210 or (916) 4451254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site

constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce

any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These

obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or

failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of

these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the

provision is deemed severable from these Terms of Use and does not affect the validity and enforceability

of any remaining provisions. There is no joint venture, partnership, employment or agency relationship

created between you and us as a result of these Terms of Use or use of the Site. You agree that these

all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by

the parties hereto to execute these Terms of Use.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site,

please contact us at:

Poolforce LLC

309 N rosemont rd #204

Virginia Beach, VA 23452

United States

Phone: 7578224345