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Welcome to a web-blog of AQUATIC TECHNOLOGY POOL & SPA (AQUATIC TECHNOLOGY). The following Terms and Conditions of Use govern your use of the Website. If you do not agree with all of the Terms and Conditions of Use, please exit this Website and Blog.
By accessing this blog, you unconditionally consent to and agree to be bound by the following Terms and Conditions of Use, which can be modified by AQUATIC TECHNOLOGY in its sole discretion at any time and without notice. The Terms and Conditions of Use include but are not limited to any other agreements and policies incorporated by reference herein.
INTELLECTUAL PROPERTY RIGHTS
The Website as well as the AQUATIC TECHNOLOGY trademark are owned and registered by AQUA-TECH POOL SERVICES, Inc., DBA: AQUATIC TECHNOLOGY POOL & SPA (which includes subsidiaries or affiliates, and collectively referred to herein as “AQUATIC TECHNOLOGY”), a California corporation having its principal place of business at P.O. Box 130, Morgan Hill, California, USA, 95038-0130.
All trademarks, logos, whether registered or not, displayed on the Website, including but not limited to the AQUATIC TECHNOLOGY trademark, are owned by AQUATIC TECHNOLOGY and will remain the exclusive property of AQUATIC TECHNOLOGY. These trademarks may not be used without the prior express written approval of AQUATIC TECHNOLOGY.
You acknowledge and agree that the Website and all of its content, including but not limited to all text, information, data, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, indices, reports, data, software, HTML code and screens and the like (collectively, the “Content”), are owned by or licensed to AQUATIC TECHNOLOGY and are subject to protection by international intellectual property laws, including but not limited to rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your own personal, non-commercial use. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of the Website or any Content. Such material may not be altered or manipulated and redistributed in any manner. No right, title or interest in any material or software may be deemed assigned to you as a result of any such download or copying. You agree to maintain and abide by all copyright or trademark notices and other notices contained on the Website or in any Content. You may not publish, distribute, or disseminate in any manner, any content without the expressed written consent of AQUATIC TECHNOLOGY. Such misuse shall be subject to liquidated damages.
DISCLAIMER
The Website is provided to you strictly on an “as is” basis, without warranties of any kind, either express or implied, statutory or otherwise. No written information given by AQUATIC TECHNOLOGY shall create any warranty.
IN NO EVENT SHALL AQUATIC TECHNOLOGY, OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR ANY OF ITS OR THEIR PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS, OR ASSIGNEES OF EACH, BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING (WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE AND REGARDLESS OF WHETHER OR NOT AQUATIC TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE WEBSITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE WEBSITE, (C) YOUR INABILITY TO USE THE WEBSITE FOR WHATEVER REASON, (D) THE DELETION OF, CORRECTION OF, DESTRUCTION OF, DAMAGE TO, LOSS OF OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE, (F) UNAUTHORIZED ACCESS TO THE WEBSITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR (H) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY CONTENT.
Any reference to any product or service that has been or may be provided by AQUATIC TECHNOLOGY or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
AQUATIC TECHNOLOGY 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 AQUATIC TECHNOLOGY shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
COLLECTING DATA
The Website may deposit “cookies” in a visitor’s computer. A cookie is a small data file placed on your computer’s hard drive by a web page server. A cookie may contain information (such as unique user ID), which is used to track the pages of the sites you have visited. AQUATIC TECHNOLOGY uses cookies to measure activity on the Website, which allows AQUATIC TECHNOLOGY to determinate which areas and features of the Website are most popular. This information allows AQUATIC TECHNOLOGY to make improvements and updates to enhance visitor’s experience. AQUATIC TECHNOLOGY does not save passwords, credit card information or other personal identifiable information in cookies.
LINKS TO OTHER WEBSITES
The Website may contain links to sites other than AQUATIC TECHNOLOGY’s. These sites may have their own terms and conditions, or no terms and conditions at all. AQUATIC TECHNOLOGY has no responsibility for those sites and provides the links solely for the convenience of visitors, vendors, clients, etc. Such links may be to advertisers, content providers, clients or other companies who may use our logo or style as a result of a co-branding or similar agreement. These sites may send their own cookies to you and may collect information and use the same in a way inconsistent with AQUATIC TECHNOLOGY’s Terms and Conditions of Use. Furthermore, AQUATIC TECHNOLOGY cannot control these sites and external sources. Therefore, AQUATIC TECHNOLOGY cannot be held responsible for those sites or external sources and declines any responsibility for the content, advertising, products, services or any other material available on or branching off those sites and external sources. In addition, AQUATIC TECHNOLOGY cannot be held responsible for any damage or losses arising from any use of, or from having trusted the content or goods and services available on, those sites or external sources.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
You represent and warrant that (a) you have the power and authority to enter into this agreement and (b) your use of the Website shall comply with these Terms and Conditions of Use.
By accessing the website, you agree to indemnify and hold harmless, and at AQUATIC TECHNOLOGY’s option, defend AQUATIC TECHNOLOGY, and any of its parents, subsidiaries and affiliates, and its and their officers, directors, partners, members, managers, shareholders, employees, agents, representatives and licensors, and successors or assignees of each, from all damages, costs, fees, liabilities, suits, judgments, penalties, fines, expenses, obligations, losses, claims, actions, costs and expenses (including but not limited to attorneys’ fees), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.
LIQUIDATED DAMAGES
The intentional or unintentional distribution, posting, alteration, publication, or misrepresentation (“misuse”) of any content contained in this website shall be subject to liquidated damages. Due to the inability to determine precise damages to the reputation of AQUATIC TECHNOLOGY arising from any violation of these Terms & Conditions of Use; by accessing this website, you agree to liquidated damages of $5,000 (five-thousand dollars) for the misuse of each image, paragraph of text, webpage, or portion(s) thereof. Each item of content that is misused, shall be deemed as a separate & distinct violation of these terms of use, and therefore shall be subject to separate liquidated damages.
GOVERNING LAW & JURISDICTION
The Terms and Conditions of Use shall be governed by and construed in accordance with the applicable laws of the State of California, and any action arising out of or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Santa Clara County, California. By accessing this website, you expressly abandon any and all claims to “forum non conveniens,” and agree to adjudicate any and all disputes in the Courts of Santa Clara County, California.
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If you want to ask a question of Paolo Benedetti, you may email him at: info@aquatictechnology.com