Title

1. General

1.1 This agreement governs your use of the The Pool Man Inc. Web site. Additional terms and conditions of use applicable to specific areas of the Web site may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as “this Agreement.”

1.2 The Pool Man Inc., reserves the right, in its discretion, to change or modify all or any part of this agreement at any time, effective immediately upon notice published on the Web site. Your continued use of the Web site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by The Pool Man Inc., as permitted above. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease all use of the Web site.

2. Use of Content

2.1 You acknowledge that the Web site contains information, photographs, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of The Pool Man Inc., or third parties. All Content on the Web site is copyrighted as a collective work of The Pool Man Inc. pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any content available on or accessed through the Web site.

2.2 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content, except as expressly permitted by the copyright laws. No copying, storage, redistribution or publication of any Content is permitted without the express permission of The Pool Man Inc.

3. No Endorsement
The Web site may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that The Pool Man Inc., is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

4. Termination of Service
The Pool Man Inc., may change, suspend or discontinue all or any aspect of the Web site at any time, including the availability of any feature, database, or Content without prior notice or liability.

5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

5.1 NEITHER THE POOL MAN INC. NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE POOL MAN INC., ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SITE OR THE CONTENT. THE Web site AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. THE POOL MAN INC. DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Web site AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

5.2 THE POOL MAN INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, EVEN IF THE POOL MAN INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE POOL MAN INC., SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. Miscellaneous
This Agreement shall be construed in accordance with the laws of the State of Texas, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Houston, TX. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Web site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 4 and 5 shall survive any termination of this Agreement as well as any other provisions, which by their terms or sense are intended to survive.

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Privacy Policy

The Pool Man Inc., believes that online privacy is crucial for the ongoing success of the Internet as a service, commercial and entertainment medium. We collect personal information from you primarily to make using the The Pool Man Inc., Web site easier and more satisfying. In registering for certain services offered by The Pool Man Inc., you may be asked to provide your name, e-mail address, Zip code or other information. Unless you designate otherwise, the personally identifiable information you provide will be known only to you and to The Pool Man Inc. We will always ask you before providing this information to anyone else. If others want this information, including your name or your e-mail address, we will provide it only if you give us permission to do so.

Information gathered online can generally be categorized as either anonymous or personally identifiable. Anonymous information is information that cannot be traced back to a specific individual. For example, The Pool Man Inc., knows how many visitors arrive at its Web site each day, but does not know the names, e-mail addresses or gender of the people using the Web site.

Personally identifiable information is information you provide that lets us know specific facts about you so that we can customize the information The Pool Man Inc., delivers to you accordingly. This information can include your name, e-mail address, Zip code, age, etc. It is our belief that you will find it beneficial to provide us with personal information so that your experience with The Pool Man Inc., is more satisfying.

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Copyrights

All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of The Pool Man Inc., which reserves all rights. Re-use of any of The Pool Man Inc.'s editorial content and graphics online for any purpose is strictly prohibited. The materials from The Pool Man Inc.'s site is available for informational uses offline only, provided the content and/or graphics are not modified in any way, all copyright and other notices on any copy are retained, and permission is granted by The Pool Man Inc..

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