The term “www.winthatpool.com” or “us” or “we” or “Web Site” refers to the owner of the Web Site. The term “You” refers to the user or viewer of our website.
Copyrights and Trademarks
A. All materials contained on the Web Site are owned by the Web Site, www.winthatpool.com. All rights reserved.
B. No person is authorized to use, copy, distribute, or redistribute any portion the Web Site including related graphics. “Fair use” of information contained on the Web Site is allowed provided winthatpool.com is cited as the source.
C. The Web Site and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify www.winthatpool.com and the goods and/or services provided by the Web Site. Such marks may not be used under any circumstances without the prior written authorization of the Web Site.
D. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of this site, in whole or in part.
E. This website is protected from content theft by both passive and active components. Any copyright infringements of the website content and other copyrighted material will result in prosecution according to the international copyright law, the Digital Millennium Copyright Act (DCMA), and any other applicable law or regulation.
F. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material, and the use is non-commercial.
G. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Links to Third-Party Web Sites
The Web Site may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. The Web Site does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. The Web Site does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. The Web Site shall not be liable to You or any entity for the content or use of the content available through such a hyperlink.
The Web Site may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act. You hereby authorize the Web Site to release information about You if required by law or subpoena without notice to You.
You will indemnify the Web Site and its agents, affiliates, and employees from any liability, loss, or expense (including but not limited to reasonable attorneys’ fees and costs) resulting from any third-party claim or proceeding in which it is alleged that any content posted by You or the use thereof infringes or violates the intellectual property rights, privacy rights, publicity rights, or moral rights of another or is unlawful.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE AND ANY APPS PROVIDED BY WINTHATPOOL IS WITHOUT WARRANTY, AND IN AN AS-IS CONDITION AND ON AN AS AVAILABLE BASIS. The Web Site does not guarantee the accuracy or reliability of the informaiton presented on this website or on its apps.
THE WEB SITE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. THE WEB SITE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
EXCLUSION OF DAMAGES
THE WEB SITE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Forum and choice of law
You agree that by visiting and using this site, to be governed by the Laws of the State of California. Any and all actions or claims between You and the Web Site shall be brought in a court of competent jurisdiction within the borders of California State, at the court closest to the Web Site headquarters.
Additional Terms of Service for Subscribers
A. THIS IS AN INDIVIDUAL SUBSCRIPTION. You cannot share your password with anyone else. The Web Site reserves the right to limit access for each Subscriber to a fixed number of physical locations or machines or to a specific number of simultaneous logons.
B. Subscriptions are non-recurring and will expire at the end of the regular season of their puchase.
C. All subscription fees are non-refundable. The Web Site reserves the right to make changes to its content at any time. If the Web Site temporarily reduces or eliminates the charge for content or access that you are currently paying for under different terms, you will not receive a refund.