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.
4. Third-Party Information
5. Communications With and Submissions To Pentarm Pools
6. Product Display/Color
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).