TERMS AND CONDITIONS OF USE – WEBSITE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING POOLSHARKH2O.COM (“THE SITE”). By using THE SITE, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use THE SITE. POOL SHARK H2O INC. (“POOL SHARK H20”) may modify these TERMS AND CONDITIONS at any time.

Restrictions On Use of Materials

THE SITE is copyright protected. Any textual or graphic material on THE SITE is owned by POOL SHARK H2O and/or their subsidiaries. You do not have the right to copy or otherwise use any material from THE SITE except as permitted in these TERMS AND CONDITIONS and the TERMS AND CONDITIONS governing ACCOUNTS & SUBSCRIPTIONS. Any material that you copy, print, or download from THE SITE will be subject to these TERMS AND CONDITIONS as well as the TERMS AND CONDITIONS governing ACCOUNTS AND SUBSCRIPTIONS. Any changes, modifications, or removal of any copyright, trademark, or other proprietary notices is hereby expressly forbidden.
A Subscription may permit you to download and use certain content, including software, various files and images, and accompanying data (together referred to as “Software”), from THE SITE. Such permission is granted to allow you to use the content in conjunction with POOL SHARK H2O services under the TERMS AND CONDITIONS governing ACCOUNTS AND SUBSCRIPTIONS. POOL SHARK H2O does not transfer either the title or the intellectual property rights to the Software; and POOL SHARK H2O expressly retain full and complete title to the Software as well as all intellectual property rights therein. Your subscription does not entitle you to sell, redistribute, or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. These activities are expressly excluded from the terms of your subscription to use this software. All trademarks and logos are owned by POOL SHARK H2O and you may not copy or use them in any manner.
THE SITE is controlled and operated by POOL SHARK H2O from its offices within the State of Vermont, United States of America. POOL SHARK H2O make no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is subject to U.S. export controls. No software from this site may be downloaded or otherwise exported or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated National or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with New York law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York.
Disclaimers and Limitation of Liability
POOL SHARK H2O may change, move or delete portions of, or may add to, this web site from time to time.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. POOL SHARK H2O WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
All materials, without limitation, that are reproduced on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. POOL SHARK H2O does not have a duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, POOL SHARK H2O DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POOL SHARK H2O DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. POOL SHARK H2O DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS 
(ON THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT POOL SHARK H2O) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL POOL SHARK H2O BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS, EVEN IF POOL SHARK H2O, OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL POOL SHARK H2O’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO POOL SHARK H2O, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Links to Other Web Sites
POOL SHARK H2O does not make any representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-POOL SHARK H2O web site, please understand that it is independent from POOL SHARK H2O and that POOL SHARK H2O has no control over the content on that web site. A link to a non-POOL SHARK H2O web site does not mean that POOL SHARK H2O endorses or accepts any responsibility for the content or use of such web site.
Submissions
Should any viewer of a document on this web site respond to POOL SHARK H2O with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and POOL SHARK H2O shall have no obligation of any kind with respect to such information. In addition, POOL SHARK H2O shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, POOL SHARK H2O shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address, and e-mail address), the use of which will be governed by POOL SHARK H2O’s Privacy Statement.

Privacy Statement.

In consideration of POOL SHARK H2O continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how, and techniques to POOL SHARK H2O without any compensation. You agree to execute any and all documents that POOL SHARK H2O may reasonably request in connection with confirming POOL SHARK H2O’s ownership of and unlimited right to use such ideas, concepts, know-how, and techniques.
You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party.
You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you. POOL SHARK H2O agree to keep your email address confidential and will not share with any outside party.

Termination

This Agreement is effective unless and until it is terminated by either you or POOL SHARK H2O. You may terminate this Agreement at any time by no longer using this web site, provided that all prior uses of this web site shall be governed by this Agreement. (Note that additional provisions may still apply under the TERMS AND CONDITIONS governing ACCOUNTS AND SUBSCRIPTIONS). POOL SHARK H2O may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in POOL SHARK H2O’s sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you, POOL SHARK H2O, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.


TERMS AND CONDITIONS OF USE – ACCOUNTS & SUBSCRIPTIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CREATING YOUR ACCOUNT. By creating an account, you signify your agreement to these TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, do not create an account. POOL SHARK H2O, INC. (“POOL SHARK H2O”) may modify these TERMS AND CONDITIONS at any time.

Registration as a Subscriber

You become a Subscriber of POOL SHARK H2O by creating an account on POOLSHARKH2O.COM (“THE SITE”).
As a Subscriber you may obtain access to certain services, software, and content available to Subscribers. This content may include software, including various files and images and accompany data (together referred to as “Software”). Your right to access and/or use any services, Software, and/or other content accessible through THE SITE is referred to in this Agreement as a “Subscription.”

Subscriptions

Your subscription is your right to access particular services, Software, and/or other content in exchange for the subscription fees paid to POOL SHARK H2O. Your subscription lasts for a determined time based upon the payment of subscription fees. You retain no rights following the expiration or termination of your subscription. Termination may occur based on a failure to pay the subscription fee, expiration of your purchased term, or other circumstances.
Your subscription permits you to use certain Software and /or other content downloaded or otherwise accessed from THE SITE. Such permission is granted to allow you to use the Software or content only in conjunction with POOL SHARK H2O services. POOL SHARK H2O does not transfer either the title or the intellectual property rights to the Software or other content; and POOL SHARK H2O expressly retain full and complete title to the Software as well as all intellectual property rights therein. Your subscription does not entitle you to sell, redistribute, or reproduce the Software or other content, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. These activities are expressly excluded from the terms of your subscription to use the Software. All trademarks and logos are owned by POOL SHARK H2O and you may not copy or use them in any manner.

Ownership of Software

All title, ownership rights, and intellectual property rights in and to the Software, any and all copies thereof, and any other content are owned by POOL SHARK H2O unless otherwise provided. All rights are reserved, except as expressly stated in these TERMS AND CONDITIONS. The Software and other content may be protected by copyright laws, international copyright treaties and conventions, and other laws.

Restrictions on Use of Software

You may not use the Software or other content for any purpose other than the permitted use in conjunction with POOL SHARK H2O services. You may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Software or other content.
You are entitled to use the Software and other content only in conjunction with POOL SHARK H2O services. You are not entitled to: (i) sell, grant a security interest in, or transfer reproductions of the Software or content to other parties in any way, nor to rent, lease, or license the Software to others.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with New York law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York.

Disclaimers and Limitation of Liability

POOL SHARK H2O may change, move or delete portions of, or may add to, this web site from time to time.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. POOL SHARK H2O WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
All materials, without limitation, reproduced on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. POOL SHARK H2O does not have a duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, POOL SHARK H2O DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POOL SHARK H2O DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. POOL SHARK H2O DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS 
(ON THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT POOL SHARK H2O) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL POOL SHARK H2O BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS, EVEN IF POOL SHARK H2O OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL POOL SHARK H2O’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO POOL SHARK H2O, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Termination

This Agreement is effective unless and until it is terminated by either you or POOL SHARK H2O. You may terminate this Agreement at any time by ceasing to pay the subscription fee, however the term or terms of any previous subscription shall be governed under these TERMS AND CONDITIONS.
POOL SHARK H2O may terminate this Agreement at any time and without notice, and accordingly deny you access to the Software or content, in POOL SHARK H2O’s sole discretion for any reason, including your failure to comply with any term or provision of these TERMS AND CONDITIONS. Upon any termination of this Agreement by you, POOL SHARK H2O you must promptly destroy all materials including the Software and any other content, as well as all copies of such materials, whether made under the terms of these TERMS AND CONDITIONS or otherwise.

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