THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR AT THIS MOMENT. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS, AND CLASS-ACTIONS ARE NOT PERMITTED) TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT BECOME AN AUTHORIZED RESELLER OF THEPOOLCONNECT.COM UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
Applicability of Terms and Conditions: These terms and conditions (these "Terms") shall apply to your offer of authorized services** and through thepoolconnect.com (the "Site"). These Terms are subject to change at any time without prior written notice by The Pool Connect, LLC, a Texas-based Corporation (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety before engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
Service Offered: When offering services on our Site, you are effectively proposing to provide the services you are authorized to sell through thepoolconnect.com. You agree and understand that when you offer service through the site, you are dealing directly with the contractors and under no circumstances, we will be responsible for any liability of any kind to you or the customer[contractor].
Privacy Policy: Please review our Privacy Policy which can be found under Privacy Policy Tab of the Application. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site.
• Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:
1. Suppliers R&Ws:
You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will offer the goods and services provided hereunder precisely as authorized and never in any way that would violate any applicable law or third party right of any kind.
Contractors WARRANTY AND COMPANY"S DISCLAIMERS: We are not the seller of any of the products and services provided on our Site; we offer an online platform for delivering services. The availability on our Site of services does not constitute an affiliation with or endorsement of any of services of their manufacturer. You acknowledge and agree on breach of the claims and/or the manufacturer’s failure to honor its warranty obligations to you. Further, you also accept and agree that under no circumstances shall we be liable for any breach from the customers and/ \or claims and for any loss or damages that may arise out of the customer’s failure to honor its obligations to you.
2. LIABILITY CAP:
UNDER NO CIRCUMSTANCES WILL COMPANY"S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED $100. Additionally, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
3. INDEMNITY/HOLD HARMLESS:
Reseller agrees to protect the Company and hold Company harmless from and against any and all losses, claims, damages, expenses or liabilities, joint or several, to which it may become subject whether as a result of any third party claim or otherwise and to reimburse the Company for any legal fees, costs and expenses (including the value of any investigation and preparation) reasonably incurred by the Company in connection with any claim or litigation, whether or not resulting in any liability, insofar as such losses, claims, damages, liabilities or litigation arise out of or are based upon (i) any breach of warranty or representation by Company, (ii) the failure by Company to fulfill any covenant or agreement contained herein or (iii) any loss or claim arising out of any complaints filed by a customer of the Reseller against Company for any alleged acts or omissions by the Reseller.
4. RESERVATION OF RIGHTS:
Reseller agrees that The Pool Connect, LLC reserves the right to terminate this agreement without notice for any reason.
5. Third Party Beneficiaries:
These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, interest, or remedy of any nature whatsoever under or because of these Terms.
6. Force Majeure:
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
7. Assignment:
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
8. Partial Invalidity:
If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9. Governing Law/Binding Arbitration:
a. Governing Law: These Terms shall be governed by the laws of the State of Texas without regard to its conflict of laws principles. b. Binding Arbitration: Subject to subsection (c) below and all applicable laws, you agree to give up: Your right to dispute any claims that may arise hereunder in court or before a jury; and (ii) your power to consolidate any application and/or participate in any class-action suit that may appear hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association by its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Palm Beach County, Florida The language of the arbitration shall be English. The arbitrators will be bound to decide all disputes following the laws of the State of Florida. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its costs, as well as your reasonable outside attorneys"fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. Concerning any arbitration hereunder, as stated above, you as a result of this expressly waive any right to consolidate any claim and/or participate in any class-action suit of any kind or nature. This Section (13) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed, and the remaining terms will be enforced.
10. No Waivers:
Our failure to enforce any of our rights hereunder will not constitute a waiver of our power to make such enforcement in the future, subject to applicable law.
11. Notices:
We may provide notices hereunder to you by (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) facsimile, at 2347388956 or (ii) personal delivery, overnight courier, or registered or certified mail to Customer Service, The Pool Connect.
12. Entire Agreement:
These Terms, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site [(including without limitation any license agreement)], and our Site’s, Terms of Use and Privacy Policy, shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.