Terms of Use

Pentarm Pools, Corp. (“Pentarm Pools,” “we,” “us,” “our”) welcomes you. We provide you access to our Website located at https://www.pentarmpools.com/ (the “Website”) subject to the following terms of use (the “Terms of Use”), which we may update from time to time without notice to you.

BY ACCESSING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY https://www.pentarmpools.com/privacy-policy/ (THE “PRIVACY POLICY”), WHICH IS HEREBY INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THIS “AGREEMENT”). IF YOU DO NOT AGREE TO ANY TERMS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES.

Pentarm Pools reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

1. Use of the Website

You may use the Website solely for non-commercial, personal purposes and/or to learn about Pentarm Pools products. While using the Services, you may not:

  • Use the Website for any unlawful purposes.
  • Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
  • Post or transmit any information or software that contains a virus, malware or other harmful component or otherwise interfere with, or attempt to interrupt the proper operation of, the Website;
  • Compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or the Content.
  • Use the Website in any way that might interfere with the rights of other users or third parties.
  • Access or use the Website to collect any market research for a competing business.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Access or attempt to gain access to any Content, data, files, or passwords related to the Website through hacking, password or data mining, or any other means.
  • Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.
  • Cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website.
  • Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; and
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure

2. Intellectual Property

The Website is protected by copyright, trademark, and other laws of Canada and foreign countries. Except as expressly provided in this Agreement, Pentarm Pools and/or our Authorized Dealers exclusively own all right, title, and interest in and to the Website, including all associated intellectual property rights. You shall not remove, alter, or obscure any copyright, trademark, website mark, or other proprietary rights notices incorporated in or accompanying the Services.

The Website contains materials, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Pentarm Pools (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Canadian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may download and reprint Content for non-commercial, non-public, personal use only and must keep all copyright and other proprietary notices attached to the downloaded material. No other use is permitted without the prior written consent of Pentarm Pools. Pentarm Pools and/or our Authorized Dealers retain all right, title, and interest, including all intellectual property rights, in and to the Website and Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

If you violate any part of this Agreement, your permission to access the Website and the Content automatically terminates, and you must immediately destroy any copies you have made of the Content.

The trademarks, Website marks, and logos of Pentarm Pools (the “Pentarm Pools Trademarks”) used and displayed on the Content are registered and unregistered trademarks or Website marks of Pentarm Pools and/or our licensors. Other company, product, and Website names located on the Content may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Pentarm Pools Trademarks, the “Trademarks”). Nothing on the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Pentarm Pools Trademarks inures to our benefit.

Elements of the Content are protected by trade dress, trademark, unfair competition, and other provincial and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

3. Privacy Policy

Pentarm Pools respects your privacy. The terms of Pentarm Pools privacy policy are set forth at https://www.pentarmpools.com/privacy-policy/ and are incorporated herein.

4. Third-Party Information

Although we take certain steps to maintain the quality of the authorized dealers, distributors, contractors, and other third parties mentioned in the Website (collectively, Dealers), information about Dealers is provided AS-IS, AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. We do not endorse or recommend the Website of any particular Dealer. It is your responsibility to evaluate the Dealer and their qualifications, and it is your decision to engage their Website and/or services. WE DO NOT WARRANT ANY DEALERS’ performance on the job or the outcome or quality of the services performed. Upon clicking on a third-party hyperlink button on the Website, you will leave the Website, and Pentarm Pools is not responsible for the content at any hyperlinked website. Dealers are independently owned and operated and are neither affiliated with nor agents or representatives of Pentarm Pools. Pentarm Pools does not control the statements made by Dealers, and as such, does not guarantee the accuracy, integrity or quality of such content, and makes no representations or warranties as to, and accepts no duty or responsibility for, the performance, acts or omissions of such third parties.

5. Communications With and Submissions To Pentarm Pools

Although we encourage you to e-mail us, we do not want you to, and you should not e-mail us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the advertisement, sales, and marketing of products and services that incorporate such information without compensation or attribution to you.

6. Product Display/Color

The Website attempts to display product images shown as accurately as possible. However, we cannot guarantee that the colour you see identically matches the product colour because the display of the colour depends on a number of factors, including the computer monitor you are using to view the Content and/or pools.

7. Disclaimer; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PENTARM POOLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PENTARM POOLS DOES NOT WARRANT OR REPRESENT THAT: (A) ANY MATERIAL, RESULTS, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE SERVICES OR OTHER HYPERLINKED WEBSITE WILL BE ACCURATE OR RELIABLE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR OTHER HYPERLINKED WEBSITE WILL MEET YOUR EXPECTATIONS; (C) THAT ANY ERRORS, MISSTATEMENTS OR PROGRAMMING DEFECTS IN THE WEBSITE SERVICES WILL BE CORRECTED; OR (D) THAT ANY ACCESS TO THE WEBSITE OR INFORMATION OR OTHER MATERIAL ACCESSIBLE ON THE WEBSITE IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL ELEMENTS. PENTARM POOLS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS (CAD $100).

8. Indemnification

You agree to indemnify, defend and hold harmless Pentarm Pools, its affiliated companies, business partners, dealers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs and reasonable attorneys’ fees, resulting from or arising out of: (i) your breach of this Agreement; (ii) your misuse of the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

9. Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. Sections 2, 5-9, 10 and 11 shall survive the termination of this Agreement.

10. Restrictions

The Website is available only to individuals aged 13 years or older. If you are 13 or older but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Website only with the consent of your parent or guardian.

11. Miscellaneous

The failure of Pentarm Pools to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.