Terms of Use

APSP.org USER AGREEMENT

Welcome to APSP.org’s User Agreement. This Agreement is a legal agreement between you and APSP regarding your use of the APSP.org 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. APSP.org Services

This agreement covers your use of APSP.org’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, APSP.org 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 APSP.org you are agreeing to the terms and conditions contained herein.

(b) Modification. APSP 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 APSP 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 APSP in its sole discretion believes violates any of these Terms of Service, violates the rights of APSP.org, or is otherwise inappropriate for continued access and use of this web site.

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 as feedback, data, comments, questions, suggestions, plans or ideas), you agree that such information shall be non confidential and that APSP shall have unlimited rights to (or not to): use, distribute, reproduce, and disclose such information as APSP deems appropriate, without compensation or acknowledgement of its source. APSP shall be free to use any ideas, concepts, know-how or techniques contained in information you provide APSP through the APSP.org 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 APSP, its affiliates and content suppliers, and their successors against any claims by third-parties alleging facts in breach of these representations.

(d) While APSP will not knowingly divulge your email address or any other personal information to outside parties, you agree that APSP will not be liable for acquisition or use of your information by any third party without APSP’s knowledge or consent. In turn, you agree that APSP will not be liable for the acquisition or use of personal information about you that is not under our control.

5. Ownership

(a) APSP 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 APSP 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. Disclaimers

(a) The availability of the Services depends on many factors, including your connection to the Internet, the availability of the APSP.org 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) APSP 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) APSP 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 APSP 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) APSP does not warrant the accuracy, completeness or usefulness of the information, text, links or other items contained on this web site and APSP expressly disclaims liability for errors or omissions in these materials.

(g) APSP makes no commitment to update the information contained on the APSP.org web site.

(h) Third party web sites listed as hypertext links herein are not under the control of APSP. Accordingly, APSP.org can make no representation concerning the content of these web sites nor can the fact that APSP.org has included this link serve as an endorsement by APSP of any of these web sites.

8. Trademarks

All trademarks, company names, and product names are the property of their respective owners.

9. Copyright

The content of this web site, including but not limited to the text and images herein and their arrangement are copyright 2013 Association of Pool and Spa Professionals. 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.

10. Limitation of liability

IN NO EVENT WILL APSP, 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 APSP’s, ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).

11. Indemnification

(a) You agree to indemnify, defend and hold harmless APSP 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 the APSP.org web site through the use of your computer or your infringement of any intellectual property or other right of any person or entity.

(b) APSP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. Termination of Service

(a) APSP 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 for the duration of your use of the APSP.org site until terminated by APSP.

(c) The terms of this Section and Sections 4, 5, 7,10 and 11 will survive any termination of this Agreement.

13. Miscellaneous

(a) Entire Agreement. This Agreement constitutes the entire agreement between you and APSP with respect to the Services and supersedes all other agreements, contemporaneous and prior, between you and APSP with respect to the Services.

(b) Non-waiver. APSP.org’s failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.

Questions or Comments

Email APSP Member Services or call 703-838-0083 Ext. 301.

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All Rights Reserved