Terms

_{AQUA ONE POOL & SPA USER AGREEMENT}

_{Welcome
to AQUA ONE POOL & SPA's User Agreement. This
Agreement is a legal agreement between you and AQUA ONE POOL & SPA
regarding your use of AQUA ONE POOL & SPA's web
site proprietary services ("Services"). By using the Services, you
are agreeing to the terms and conditions included in this Agreement (the
"Terms of Service").}

_{1. AQUA ONE POOL & SPA Services.}_{This agreement covers your use of AQUA ONE POOL
& SPA's Services on this site only. Your use of
services on other sites will be covered by separate agreements. Our Services
are available only to individuals who can form legally binding contracts under
applicable law, and therefore, excludes minors.}

_{2. Use of the Services.}_{You may use the Services for personal and business
purposes. However, you may not sell, lease or resell the services to or on
behalf of any other party. In addition, you may not use, or permit to be used, AQUA
ONE POOL & SPA Services in violation of any applicable law, regulation or
policy, or in violation of any third parties' rights.}

_{3. Terms and Conditions of Use.}

_{(a) Agreement
to Terms. By using the information, services and products available through AQUA
ONE POOL & SPA you are agreeing to the terms and conditions contained
herein.}

_{(b)
Modification. AQUA ONE POOL & SPA reserves the right to modify the Terms of
Service at any time, and such modifications shall be effective immediately upon
the earlier of posting of the modified Terms of Service or by e-mail
notification to you.}

_{(c) You agree
to review these Terms of Service periodically to be aware of such
modifications, and your continued access or use of this web site shall be
deemed your acceptance of the modified Terms of Service.}

_{(d) You agree
that these standards for notice of changes are reasonable.}

_{(e) You
acknowledge and agree that AQUA ONE POOL & SPA or its affiliates may deny
you access to or use of all or part of this web site without prior notice if
you engage in any conduct or activities that AQUA ONE POOL & SPA in its
sole discretion believes violates any of these Terms of Service, violates the
rights of AQUA ONE POOL & SPA, or is otherwise inappropriate for continued access and use of this web site.}

_{4. Your Information.}

_{(a) By giving
us your email address, you are certifying in this Agreement that you have the
right to use your email address.}

_{(b) By
providing information to us via this web site (such a, feedback, data,
comments, questions, suggestions, plans or ideas), you agree that such
information shall be non confidential and that AQUA ONE POOL & SPA shall
have unlimited rights to (or not to): use, distribute, reproduce, and disclose
such information as AQUA ONE POOL & SPA deems appropriate, without
compensation or acknowledgement of its source. AQUA ONE POOL & SPA shall be
free to use any ideas, concepts, know-how or techniques contained in
information you provide AQUA ONE POOL & SPA through AQUA ONE POOL & SPA's web site.}

_{(c) In
exchange for use of this web site, you agree that any information you submit to
us will be current and complete and will not violate the rights of any third
parties, and you agree to defend, indemnify, and hold harmless AQUA ONE POOL
& SPA, its affiliates and content suppliers, and their successors against
any claims by third-parties alleging facts in breach of these representations.}

_{(d) While AQUA
ONE POOL & SPA will not knowingly divulge your email address or any other
personal information to outside parties, you agree that AQUA ONE POOL & SPA
will not be liable for acquisition or use of your information by any third
party without AQUA ONE POOL & SPA's knowledge or
consent. In turn, you agree that AQUA ONE POOL & SPA will not be liable for
the acquisition or use of personal information about you that is not under our
control.}

_{(e) AQUA ONE
POOL & SPA is against unsolicited e-mail (SPAM) as a matter of policy.
Therefore, we will NOT send you any advertisement-only messages as part of the
Services. However, in order to support this FREE service, you will receive
advertisements within the email notifications you receive.}

_{5. Ownership.}

_{(a) AQUA ONE
POOL & SPA has and shall retain all right, title and interest in and to any
software or technology used in providing the Services, and all intellectual
property rights therein.}

_{(b) All
content included on this web site, including text, graphics, logos, buttons,
icons, and images, is the property of AQUA ONE POOL & SPA or its
affiliates, content suppliers, or other licensors, with ownership as indicated
by specific copyright and trademark notices and/or context, and is protected by
U.S, and international copyright and trademark laws.}

_{6. Consumer Information.}_{The consumer information contained here is intended,
in part, to alert the reader to pertinent issues regarding this site. The
information contained herein is not intended as a substitute for professional
consultation. If professional assistance is required, the services of a
competent professional person should be sought.}

_{7. Pricing and Availability.}_{Any pricing information listed on this web site is
subject to change without notice. Certain items herein may be discontinued or
may be unavailable in some areas.}

_{8. Disclaimers.}

_{(a) The
availability of the Services depends on many factors, including your connection
to the Internet, the availability of the AQUA ONE POOL & SPA
's web site or services, and equipment that is not, by its nature, fault
tolerant.}

_{(b) THE
SERVICES ARE PROVIDED "AS IS". NO WARRANTIES ARE PROVIDED, WHETHER
WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED
OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR
INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.}

_{(c) AQUA ONE
POOL & SPA AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION
OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM
COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.}

_{(d) AQUA ONE
POOL & SPA and its affiliates and content suppliers reserve the right to
alter or delete the products, services and information available from this web
site at any time.}

_{(e) The
information contained in this World Wide Web site is provided for informational
purposes only. While AQUA ONE POOL & SPA has tried to provide accurate and
timely information1 there may be inadvertent inaccuracies and typographical
errors. We reserve the right to make changes and corrections at any time,
without notice.}

_{(f) AQUA ONE
POOL & SPA does not warrant the accuracy, completeness or usefulness of the
information, text, links or other items contained on this web site and AQUA ONE
POOL & SPA expressly disclaims liability for errors or omissions in these
materials.}

_{(g) AQUA ONE
POOL & SPA makes no commitment to update the information contained on this
web site.}

_{(h) Third
party web sites listed as hypertext links herein are not under the control of AQUA
ONE POOL & SPA. Accordingly, AQUA ONE POOL & SPA can make no
representation concerning the content of these web sites nor can the fact that AQUA
ONE POOL & SPA has included this link serve as an endorsement by AQUA ONE
POOL & SPA of any of these web sites.}

_{(i) Nothing contained in this web site
constitutes investment advice.}

_{(j) All sales
of products listed herein are subject to our usual terms and conditions of
sale.}

_{9. Trademarks.}_{All trademarks, company names, and product names are
the property of their respective owners.}

_{10. Copyright.}_{The content of this web site, including but not limited
to the text and images herein and their arrangement are copyright @2003 AQUA
ONE POOL & SPA. All Rights Reserved. Certain images herein are owned by and
have been provided by our members and are used with permission. Please contact
us if you are interested in receiving permission for commercial or
non-commercial use of any of the images or content herein.}

_{11. Limitation of liability.}_{IN NO EVENT WILL AQUA ONE POOL & SPA, ITS
SUPPLIERS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE
SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS
OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES
USED IN CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR
INFORMATION. IN NO EVENT SHALL AQUA ONE POOL & SPA’S, ITS SUPPLIERS' OR ITS
LICENSEES' AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS
AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).}

_{12. Indemnification.}

_{(a) You agree
to indemnify, defend and hold harmless AQUA ONE POOL & SPA, its affiliates,
officers, directors, employees, consultants, agents and suppliers from and
against any and all claims, liability, damages and/or costs (including but not
limited to reasonable attorneys' fees) arising from your use of this web site
and the Services provided under this Agreement, the violation of these terms
and conditions by you, or the infringement by you, or other users of AQUA ONE
POOL & SPA 's web site through the use of your computer or your
infringement of any intellectual property or other right of any person or
entity.}

_{(b) AQUA ONE
POOL & SPA reserves the right at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you}.

_{13. Termination of Service.}

_{(a)Either you
or AQUA ONE POOL & SPA may terminate this Agreement and the Services at any
time and for any reason, but until that time it remains in full force and
effect.}

_{(b) These
terms are effective until terminated by either party. You may terminate these
terms at any time by destroying all materials obtained from any and all AQUA
ONE POOL & SPA site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of these terms or
otherwise.}

_{(c) These
terms will terminate immediately without notice from AQUA ONE POOL & SPA if
in AQUA ONE POOL & SPA's sole discretion you fail
to comply with any term or provision of this Agreement.}

_{(d) Upon
termination, you must destroy all materials obtained from the site and any and
all other AQUA ONE POOL & SPA site(s) and all copies thereof, whether made
under the terms of these terms or otherwise.}

_{(e) The terms
of this Section and Sections 4, 5, 8,11 and 12 will
survive any termination of this Agreement.}

_14._Message_Center_Policies

_{(a) AQUA ONE
POOL & SPA does not and cannot monitor each and every message posted in the
message Center.}

_{(b) AQUA ONE
POOL & SPA is not responsible for any message posted, and does not vouch
for or warrant the accuracy, validity, completeness or usefulness of any
message. The messages express the views of their authors, not necessarily the
views of AQUA ONE POOL & SPA.}

_{(c) By posting in the}_Message_Center_{, you agree:}

_{Many areas of AQUA ONE POOL & SPA are
"public", such as our}_Message_Center_{. By submitting content in these public areas,
you grant to AQUA ONE POOL & SPA the complete right to use,
reproduce, modify, distribute, etc., the content
in any part, anywhere.}
_{Although AQUA ONE POOL & SPA is not
responsible for the content of these messages, we at AQUA ONE POOL &
SPA reserve the right to delete any message for any reason or no reason
whatsoever.}
_{You remain solely responsible for the content
of your messages, and you agree to indemnify and hold harmless AQUA ONE
POOL & SPA and its agents with respect to any claim based upon
transmission of your message(s).}
_{We at AQUA ONE POOL & SPA also reserve the
right to reveal your identity (or whatever information we know about you)
in the event of a complaint or legal action arising from any message
posted by you.}
_{AQUA ONE POOL & SPA may delete any and all
information, communications, postings, or web pages for
online conduct that AQUA ONE POOL & SPA believes is harmful to
other members or users of this web site, the business of AQUA ONE POOL
& SPA or other third-party information providers.}

_{(d) AQUA ONE
POOL & SPA reserves the right to end a discussion or lock a thread if we feel
that the discussion has become unproductive or combative, or if the topic is
unnecessarily dominating the message center. AQUA ONE POOL & SPA reserves
the right to lock a thread if there have been no messages in it for 30 days.}

_{15. Community Guidelines}

_{(a) AQUA ONE
POOL & SPA takes pride in its community. We are protective of this
community and want it to thrive and grow. For this reason, we have implemented
the Community Guidelines, which are outlined below. These guidelines explain
what you can expect of AQUA ONE POOL & SPA, as well as the kind of online
behavior we expect of you.}

_{(b) The
number one guideline to be followed at all times is "treat others as you
would like to be treated yourself." Abuse of other members will absolutely
not be tolerated.}

_{(c) Also,
remember that community standards are always evolving. It is important that you
periodically check this document for alterations and updates. It's all part of
taking pride in and protecting the AQUA ONE POOL & SPA community. Thanks
for doing your part.}

_{(d) Online
conduct should be guided by common sense and basic etiquette. You will be
considered in violation of our Community Guidelines if you do any of the
following:}

_{Use strong vulgar language, crude or explicit sexual
references, demeaning racial or ethnic remarks, and/or hate speech.}
_{Post any material which is knowingly false
and/or defamatory, or invasive of a person's privacy.}
_{Harass, threaten, or intimidate another member.
During debate or disagreement, always address the issue at hand, not the
individual.}
_{Create multiple accounts for use on AQUA ONE
POOL & SPA.}
_{Post, transmit, or distribute illegal content.}
_{Post, transmit, or distribute copyrighted or
trademarked content without authorization.}
_{Impersonate another member or individual.
Impersonating a member, celebrity, AQUA ONE POOL & SPA employee, or
administrator/moderator will result in immediate expulsion from the
community.}
_{Attempt to access other members' passwords,
account information, or private information. Remember: AQUA ONE POOL
& SPA employees will NEVER ask for your password. Don't EVER give
your password out to anyone.}
_{Collect member information via AQUA ONE POOL
& SPA's member information retrieval
function. The use of such information for the purpose of sending unsolicited
bulk e-mail is strictly prohibited.}
_{Engage in unsolicited email spamming of AQUA
ONE POOL & SPA members or message forums.}
_{Promote chain letters and pyramid schemes,
illegal or not, in the AQUA ONE POOL & SPA message center or via
private email to our members.}
_{Advertise products or services in AQUA ONE POOL
& SPA's}_Message_Center_{or to our members. This includes (but is not
limited to) auction sites and auction related discussion forums.}

_{16. Moderation and Enforcement of
Guidelines}

_{(a)
Moderation messages will be public. This is not done to embarrass or upset the
poster but, rather, to serve as a learning experience for all users. Similarly,
messages will not be deleted unless they are obscene, invasive of a person's
privacy, or otherwise in gross violation of our guidelines. The poster will be
warned in the same thread, with the relevant portion of the message quoted as
necessary. The poster, of course, always retains the option of editing their
initial message.}

_{(b) Moderations will follow a three step process:}

_{Informal Warning.}_{This may or may not contain those words but is
a message from the Moderator indicating that you have crossed the line.
Please pay attention to such messages and follow the Moderator's
instructions.}
_{Formal Warning.}_{If a user has received an informal warning and,
in the next 30 days violates this or another guideline, s/he will receive
a formal warning. Formal warnings may also be issued immediately for
gross violations of the rules, directly insulting another user, or
arguing a moderation call in the thread.}
_Suspension._{A user who has been issued a formal warning
and again violates Community Guidelines will receive a 30 day suspension.
Suspensions are automatic, but may be appealed via email. We reserve the
right to issue a suspension for blatant attempts to disrupt the forum,
use of multiple Ids in any}_Message_Center_{forum, or if in the opinion of the Moderator,
such an action is required to ensure the safety, comfort and/or enjoyment
of the forum by other users. Continued violation of AQUA ONE POOL &
SPA Community Guidelines after suspension may result in permanent
expulsion.}

_{17. Miscellaneous.}

_{(a) Entire
Agreement. This Agreement constitutes the entire agreement between you and AQUA
ONE POOL & SPA with respect to the Services and supersedes all other
agreements, contemporaneous and prior, between you and AQUA ONE POOL & SPA
with respect to the Services.}

_{(b) Nonwaiver. AQUA ONE POOL & SPA's
failure to enforce any provision of this Agreement will not be construed as a
waiver of any provision or right.}

_{(c)
Amendment. AQUA ONE POOL & SPA can revise these Terms and Conditions by
updating this posting. No amendment or modification hereof will be valid or
binding upon either party unless assented to by AQUA ONE POOL & SPA.}

_{(d)
Severability. In the event that a portion of this Agreement is held unenforceable,
the unenforceable portion will be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties, and
the remainder of the provisions will remain in full force and effect.}

_{(e) No Estoppel. Waiver by either party of a breach of any
provision of this Agreement or the failure by either party to exercise any
right hereunder shall not operate or be construed as a waiver of any subsequent
breach of that right or as a waiver of any other right.}

_{(f) Act of
God. AQUA ONE POOL & SPA will not be liable in any amount for failure to
perform any obligation under this Agreement if such failure is caused by the
occurrence of any unforeseen contingency beyond the reasonable control of such
party including without limitation Internet outages, communications outages,
fire, flood, war or act of God.}

_{(g) No
Obligation to Monitor. AQUA ONE POOL & SPA does not have any obligation to
monitor use of the Services, but AQUA ONE POOL & SPA may do so and may also
disclose information regarding your use of the Services to satisfy laws,
regulations or other government requests.}

_(h)_{North Carolina}_{Agreement. As you are accessing the information on
the AQUA ONE POOL & SPA web site on a server in}_Salisbury_,_{North Carolina}_{, the information contained on AQUA ONE POOL &
SPA web site shall be deemed provided in}_{North Carolina}_{and shall be deemed subject to}_{North Carolina}_{law. These Terms and Conditions will be governed and
interpreted pursuant to the laws of}_{North Carolina}_{, notwithstanding any principles of conflicts of law.}

_{18. Contacting Us.}_{You may contact AQUA ONE POOL & SPA 7703 Sound Drive,Emerald Isle, NC
28594,Phone: 252.354.4003,Fax: 252.354.4003,}

_{Email:
rcapps@aquaonepoolandspa.com}

_{THANK YOU FOR VISITING AND USING THE AQUA
ONE POOL & SPA WEB SITE. WE APPRECIATE YOU AS A CUSTOMER.}

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