The following terms and conditions of use (the “Terms and Conditions”) govern your use of The Pool and Spa House online web site (the “Site”). The Site is made available to you by The Pool and Spa House. We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Services Available on the Site. We may make certain content and services available to visitors and registrants of the Site. For example, you may be able to read news, articles, interviews and other content, search or browse through content, request quotes for the purchase of content licenses, obtain licenses to use certain content for certain discrete purposes, monitor your account with us, and browse through an online catalog of items available for purchase through either us or our affiliates.
Price Quotes for Products and Services. We may offer goods and services through the Site. In the event we do offer goods or services, the terms and conditions of purchase will be set forth in the online ordering form. In the event you purchase items with a credit card, we may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services. These merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For further information, please see our Privacy Policy. To protect the security of your credit card, we employ the Secure Sockets Layer (SSL) technology and utilize a trusted credit card processor.
Proprietary Rights. All materials contained on this Site are the copyrighted property of The Pool and Spa House, its affiliated companies, or third party licensees. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except for the uses permitted under these Terms and Conditions. All trademarks, service marks and trade names are proprietary to The Pool and Spa House.
Your use of the Site does not grant to you ownership of any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as expressly allowed herein or otherwise expressly approved by us. If you make other use of the Site, except as otherwise provided above, you will violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site may be used by us in any manner.
User Information. In the course of your use of the Site, you may be asked to provide certain information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
Unsolicited Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed by us in writing prior to your submission of information to us, any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived.
Copyright Act Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.
Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The submission should be made to:
The Pool & Spa House
PO Box 23788
Portland, OR 97281
Ph: 503-906-8107