Broward Pool Service and www.poolservicebroward.com respects your Privacy. We are an interactive information service that connects consumers with information. We are not licensed contractors and are not authorized, nor do we enter into contractual relationships with consumers or individuals that call us and give us their contact information or fill out our online forms.
While we strive to connect each person that fills out our forms or calls us with local experts, it is not possible in all situations. Broward Pool Service and www.poolservicebroward.com takes your privacy seriously, and we have created this Privacy Statement, to disclose to you our information practices pertaining to the personal information collected about you on our Site. This Privacy Statement applies exclusively to Broward Pool Service and the Site www.poolservicebroward.com. This statement discloses what information we collect, how we use it, with whom we share it and how we protect it. "Personal Information" refers to information such as Name, Address, Phone number, or Email, which can be used to identify a person.
Information Collection and Use
This Site is an information resource for individuals looking for contractor quotes. A user can utilize our Site without disclosing any personal information. When you select to inquire about a quote or call us for a quote or to schedule a local expert to call you to set an appointment, we request your zip code to determine the best quotes in your area. We also collect your name, address, email address, and phone number to send you the requested quotes.
We also use your email to send you newsletters when you express your choice to receive them on our Site. This Site may also collect certain information from visitors to, and customers of the Site such as Internet addresses. This Web Site Navigational Information is logged to help diagnose technical problems, to analyze trends, to track users' movements around the Site, and to administer our Site in order to constantly improve the quality of the Site, and our Service. We may also track and analyze individual usage and volume statistical information ("Aggregated Information") from our visitors and customers.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at Broward Pool Service and www.poolservicebroward.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We may be legally obligated to share your personal information with government agencies, or other third parties under certain circumstances, such as illegal activity on our Site. We reserve the right to disclose your information to our Service Providers, law enforcement, or other government agencies, or in responding to a formal request, such as a judicial proceeding, subpoena, or court order as we, in our sole, and necessary discretion deem appropriate.
In the event of a sale, merger, or acquisition of some or all of Broward Pool Service and www.poolservicebroward.com assets, your personal information could likely be a part of the transferred assets. In such an event, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
We may also share aggregated information about users of our Site with third parties.
We provide links on our Site to other Web Sites. We are not responsible for the privacy practices of these other web sites. We encourage you to be aware when you leave our Site, and familiarize yourself with these Web Sites' privacy practices, prior to disclosing your personal information to them.
Access and Opt-Out
To modify or update the personal information submitted to our Site, please send your request to us using the contact information provided below, and we shall address it.
In the event that you change your mind about receiving newsletters from our Site, you may unsubscribe from them by selecting the "Unsubscribe" link present in every email we send out.
Clear Gifs (Web Beacons/Web Bugs)
Our third party advertising partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers' personally identifiable information. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see "Choice and Opt-out."
We employ industry-accepted standards in protecting the personal information you provide on our Site. We host the Site in a secure server environment.
We have security measures in place to help protect against the loss, misuse, and alteration of the personal information and Data under our control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
Changes to this Statement
We reserve the right to modify this Statement. Should we make a material change to the manner in which we use your collected personal information, we shall notify you by a notice on our Site prior to the changes taking effect. We encourage you to periodically review this page for the latest information on our privacy practices.
Broward Pool Service and www.poolservicebroward.com Consumer Agreement
These Terms and Conditions apply to your use of the website Broward Pool Service and www.poolservicebroward.com and Broward Pool Service and www.poolservicebroward.com provides consumers (collectively, "Consumers" and individually, "Consumer" or "you") an online venue to solicit quotes for trades and services from service providers and professionals in various lines of work and commerce (collectively "Service Providers"). By using the Website or calling the Website phone number, you may become a Consumer at no cost and will have the ability to request quotes for services. References to Websites shall include, but is not limited to, any and all uses of Broward Pool Service and www.poolservicebroward.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
ACKNOWLEDGEMENT AND ACCEPTANCE
You acknowledge and agree that Broward Pool Service and www.poolservicebroward.com may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly in Broward Pool Service's and www.poolservicebroward.com sole discretion. Your continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. Broward Pool Service andwww.poolservicebroward.com does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms, conditions and notices of the Agreement.
Use and Age Restrictions
Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the Broward Pool Service and www.poolservicebroward.com Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website.
Service Requests and quotes
Upon registration with Broward Pool Service and www.poolservicebroward.com, a Consumer may submit through the Website a request for quotes for service or work ("Service Request") from Service Providers. Consumers must provide required information (e.g., what they want done, when they want it done, where they want it done) to submit a valid Service Request. All Service Requests posted through the Website must be lawful and not in violation of any city ordinance, state, local or federal law. A submitted Service Request must be descriptive enough to allow a Service Provider to ascertain the necessary details to submit a fully informed offer to provide the requested services ("Quote"). After submission of a Service Request, Broward Pool Service and www.poolservicebroward.com will inform Service Providers with profiles that closely match the services requested by Consumer. Nevertheless, Broward Pool Service and www.poolservicebroward.com does not and cannot guarantee that there will be Service Providers who are capable of or willing to complete the requested services at the time and place requested or that Consumer will receive Quotes from Service Provider(s).
A Quote can be submitted by a Service Provider in two forms: (1) a flat fee quote, or (2) an onsite estimate quote. A flat fee quote is used when a Service Request is specific enough to allow a Service Provider to provide an accurate quote, which can include both material and labor costs when and if applicable, for the job requested. An onsite estimate is used when a Service Provider is only able to provide an estimate for a job but will be able to provide a more accurate quote or a final quote upon completion of an onsite visit.
A Service Request includes a period of time in which Quotes may be submitted ("Quoting Period") by Service Providers; however, a Consumer may accept a Quote at any time, thereby ending the Quoting Period before the fixed amount of time has passed. A Quote from a Service Provider may be canceled or retracted up until the point when the Consumer accepts the Quote and the Service Request becomes a "Won Job."
When a Consumer accepts a Quote, he or she explicitly implies an offer to pay the Service Provider in the amount of the Quote for services rendered. Accepting a Quote amounts to entering a binding legal agreement to pay the Service Provider once the Service is rendered. Please consider carefully when you accept a Quote from a Service Provider.
When submitting a Service Request, ensure that the Service Request does not infringe upon the copyright, trademark or other rights of any third party. By posting a Service Request you represent that the Service Request is lawful and does not infringe on the intellectual property of any third party. Your description of the Service Request must be truthful and accurate. Any Service Request posted on the Website: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE SERVICE PROVIDER OR IN THE SERVICE PROVIDER'S PROFILE IS ACCURATE. Broward Pool Service and www.poolservicebroward.com DOES NOT VERIFY ALL INFORMATION OR DOCUMENTS PROVIDED BY SERVICE PROVIDERS AND EXPRESSLY DISCLAIMS ANY GUARANTEES OR WARRANTIES CONCERNING SUCH INFORMATION. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, WHETHER SERVICE PROVIDERS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE GENERAL LIABILITY INSURANCE OR BONDING. Broward Pool Service DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER FROM STATE, PROVINCIAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH AGENCIES AND THIRD PARTY SOURCES.
No Warranty or Endorsement.
Broward Pool Service AND www.poolservicebroward.com DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR SERVICE PROVIDER. IT IS ENTIRELY UP TO THE CONSUMER TO ENTER INTO A DIRECT CONTRACT OR OTHERWISE REACH AN AGREEMENT WITH A SERVICE PROVIDER. NOTWITHSTANDING www.poolservicebroward.com AND Broward Pool Service'S HOME SERVICE GUARANTEE, Broward Pool Service AND www.poolservicebroward.com DOES NOT WARRANT THE SERVICE PROVIDER'S PERFORMANCE ON THE JOB OR THE OUTCOME OR QUALITY OF THE SERVICES PERFORMED. SERVICE PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF Broward Pool Service OR www.poolservicebroward.com, NOR IS Broward Pool Service AND POOLSERVICE CLEANING.COM AN AGENT OF THE SERVICE PROVIDERS. Broward Pool Service AND www.poolservicebroward.com DOES NOT PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES OFFERED BY SERVICE PROVIDERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Interactions and Disputes with Service Providers
With exception of the Service Guarantee, Broward Pool Service and www.poolservicebroward.com will not work to resolve any disputes between Consumers and Service Providers (collectively "Users") and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH SERVICE PROVIDERS. YOU UNDERSTAND THAT Broward Pool Service AND www.poolservicebroward.com DOES NOT ATTEMPT TO VERIFY ALL STATEMENTS OF SERVICE PROVIDERS. Broward Pool Service AND www.poolservicebroward.com MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY SERVICE PROVIDER OR THE SERVICE PROVIDER'S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER'S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT Broward Pool Service AND POOL SERVICECLEANING.COM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROVIDERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDERS DIRECTLY.
IN EXCHANGE FOR THE PRIVILEGE OF ACCESSING THE WEBSITE, YOU EXPRESSLY AGREE TO RELEASE Broward Pool Service AND POOLSERVICECLEANNG.COM (AND ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND AGENTS) FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ONE OR MORE SERVICE PROVIDERS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Broward Pool Service AND www.poolservicebroward.com MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS WEBSITE FOR ANY PURPOSE. Broward Pool Service AND www.poolservicebroward.com DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. Broward Pool Service AND www.poolservicebroward.com CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Broward Pool Service AND www.poolservicebroward.com SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. Broward Pool Service SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Broward Pool Service AND www.poolservicebroward.com MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Limitations of Liability
IN NO EVENT SHALL Broward Pool Service AND POOLSERVICECLEANNG.COM ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, SERVICE PROVIDER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Broward Pool Service AND www.poolservicebroward.com IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS. Broward Pool Service AND www.poolservicebroward.com EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, Broward Pool Service AND www.poolservicebroward.com USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Content on Website
This Website and the material within it, with exception of User Content as defined below, are Broward Pool Service. and www.poolservicebroward.com. Viewing this Website creates a copy of Broward Pool Service materials in your computer's random access memory and/or your hard drive and/or in your proxy server. The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the "Intellectual Property") of Broward Pool Service. and www.poolservicebroward.com Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of Broward Pool Service and www.poolservicebroward.com or the party posting such content. Broward Pool Service and www.poolservicebroward.com reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
Reliance on Content, Etc.
Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by Broward Pool Service and www.poolservicebroward.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. Broward Pool Service and www.poolservicebroward.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Broward Pool Service andwww.poolservicebroward.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
Documents and Information Available on this Website
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Website is granted, provided that (1) the Copyright Policy above and this paragraph are included with such documents, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Broward Pool Service and www.poolservicebroward.com Website or any other Broward Pool Service and www.poolservicebroward.com owned, operated, licensed or controlled site (the "Broward Pool Service Websites"). Elements of Broward Pool Service and www.poolservicebroward.com Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Broward Pool Service and www.poolservicebroward.com Website may be copied or retransmitted unless expressly permitted by Broward Pool Service or www.poolservicebroward.com.
Information You Provide to Broward Pool Service and www.poolservicebroward.com
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
In the event that you provide Broward Pool Service and www.poolservicebroward.com with any feedback regarding the Broward Pool Service and www.poolservicebroward.com service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), you hereby assign to Broward Pool Service and www.poolservicebroward.com all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
Content Posted by You on the Website
You understand and agree that Broward Pool Service and www.poolservicebroward.com may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Broward Pool Service andwww.poolservicebroward.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sub licensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by Broward Pool Service and www.poolservicebroward.com will not infringe or violate the rights of any third party. You grant Broward Pool Service and www.poolservicebroward.com and sublicenses the right to use the name that you submit in connection with such content, if they choose. Broward Pool Service and www.poolservicebroward.com takes no responsibility and assumes no liability for any content posted by you, any User or third party.
You are solely responsible for the User Content that you post on the Website or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Broward Pool Service and www.poolservicebroward.com or to any User. If information provided to Broward Pool Service and www.poolservicebroward.com, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Broward Pool Service andwww.poolservicebroward.com of such change.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. Broward Pool Service and www.poolservicebroward.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, User Content that: is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false or misleading (including with respect to the identity of the party who will perform a Won Job); promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and violates state and/or local consumer protection laws.
Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with any and all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. Broward Pool Service and www.poolservicebroward.com reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
You acknowledge that a violation of the foregoing User Content provisions could result in significant damages, and you agree that you are liable to Broward Pool Service and www.poolservicebroward.com for any such damages. We reserve the right to revoke your access to the Website and services at any time. With exception of information that is generally accessible to the public, all information about Service Providers is confidential and for your personal use only. If it is determined or suspected by Broward Pool Service and www.poolservicebroward.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Broward Pool Service and www.poolservicebroward.com services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Broward Pool Service andwww.poolservicebroward.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Broward Pool Service Customer Care Representative
Broward Pool Service and www.poolservicebroward.com may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that Broward Pool Service and www.poolservicebroward.com may monitor and/or record any telephone calls between you and Broward Pool Service and www.poolservicebroward.com.
Modifications to Website
Broward Pool Service and www.poolservicebroward.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Broward Pool Service and www.poolservicebroward.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Blocking of IP Addresses
In order to protect the integrity of the Website, Broward Pool Service and www.poolservicebroward.com reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
Broward Pool Service and www.poolservicebroward.com reserve the right to refuse service to anyone. Broward Pool Service and www.poolservicebroward.com is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. Broward Pool Service and www.poolservicebroward.com is not responsible for the conduct, whether online or offline, of any Consumer, Service Provider or other third-party users of the Website. Broward Pool Service and www.poolservicebroward.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Broward Pool Service and www.poolservicebroward.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will Broward Pool Service and www.poolservicebroward.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Broward Pool Service and www.poolservicebroward.com Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Broward Pool Service and www.poolservicebroward.com Websites are provided "AS-IS" and Broward Pool Service and www.poolservicebroward.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Broward Pool Service and www.poolservicebroward.com cannot guarantee and does not promise any specific results from use of the Broward Pool Service and www.poolservicebroward.com Websites.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Broward Pool Service and www.poolservicebroward.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website. Because Broward Pool Service andwww.poolservicebroward.com has no control over such sites and resources, you acknowledge and agree that Broward Pool Service and www.poolservicebroward.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Broward Pool Service andwww.poolservicebroward.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Jurisdiction and Choice of Law
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Superior Court of California for the resolution of any such dispute.
At the sole option of Broward Pool Service and www.poolservicebroward.com, any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Website shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator/AAA. Broward Pool Service and www.poolservicebroward.com may elect, in its sole discretion, not to use arbitration for any individual Claim that you properly file and pursue in court. IF ARBITRATION IS CHOSEN BY Broward Pool Service AND POOLSERVICECLEANIG.COM WITH RESPECT TO A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
You agree to indemnify, defend and hold Broward Pool Service and www.poolservicebroward.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demand or suit, including reasonable attorney's fees, made by any Service Provider, User or third party due to, relating to or arising out of your use of the Website, conduct, contracts with Service Providers, payments to Service Providers, other interactions with Users and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
The following provisions shall survive termination of the Agreement: No Warranty or Endorsement, Interactions and Disputes with Service Providers, Release, No Warranties, Limitations of Liability, all provisions in the Content on Website section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, and Indemnification.
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