PoolExpert heretoafter refered to as " the Site ".
Provided the User abides by each and every one of the provisions of this Agreement, PoolExpert shall grant to the User, personally, a non-exclusive and non-transferable license giving it the right to use the Site and related documentation.
In consideration for the above-mentioned license, the Licensee may use the site.
The User undertakes as follows in favour of PoolExpert:
Unless there is an express provision to the contrary in this Agreement, all ownership rights as well as all Intellectual Property Rights, Titles and Interests in and to the Site, including, without limitation, all such rights in and to the following:
are and shall remain the exclusive property of PoolExpert and, if applicable, of third party developers having granted a license to PoolExpert for any portion of the Site. Nothing shall have the effect of granting or transferring, or be interpreted as granting or transferring to anyone whomsoever any Intellectual Property Right, Title or Interest in or to the Site, other than in accordance with the provisions of this Agreement.
The only rights conferred upon the Licensee pursuant to this Agreement shall be license rights.
This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the "Content"), is protected by international copyright and other intellectual property laws. The Content is owned by PoolExpert, its affiliates or third party licensors. Any use of the Content, including but not limited to, modification, distribution, reproduction, republication, transmission, posting, reposting, transfer, uploading, duplication or selling without the prior written permission of PoolExpert is strictly prohibited.
PoolExpert logo or products referenced or used herein are either trademarks or registered trademarks of PoolExpert The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Subject to all PoolExpert other rights and recourses, PoolExpert shall be entitled to terminate this Agreement, without notice or demand, in any of the following cases:
To register for the service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form, including e-mail address (username) and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PoolExpert immediately of any unauthorized use of your account or any other breach of security.
During the season, PoolExpert will provide technical support with respect to the Site, at no cost to the User. In particular, but without limiting the generality of the foregoing, PoolExpert will, within a reasonable deadline, correct any problem or defect affecting the the Site.
The Site shall be provided "AS IS", without any express or implied warranty of any kind or scope whatsoever.
THE LICENSEE EXPRESSLY WAIVES THE RIGHT TO MAKE ANY WARRANTY CLAIM.
UNDER NO CIRCUMSTANCES WILL PoolExpert (INCLUDING, IF APPLICABLE, ITS SUBSIDIARIES AND PARENT COMPANY, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EXECUTIVES, EMPLOYEES, ASSOCIATES AND DEVELOPERS) BE HELD LIABLE TOWARDS THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY.
If all or part of any section, paragraph or provision of this Agreement is held invalid or unenforceable, it shall not have any effect whatsoever on any other section, paragraph or provision of this Agreement, nor on the remainder of the said section, paragraph or provision, unless otherwise expressly provided for in this Agreement.
The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
Under no circumstances shall the failure, negligence or tardiness of a PoolExpert as regards the exercise of a right or a recourse provided for in this Agreement be considered to be a waiver of such right or recourse.
Where appropriate, the singular number set forth in this Agreement shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine or neuter, as the context dictates.
This Agreement shall be construed and enforced in accordance with the laws in force in the province of Quebec, Canada.
PoolExpert reserves the right to change its terms of service policy at any time and to notify you by posting an updated version of the policy on this Web site. You are responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute your consent to such changes.