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Privacy Policy & Terms of Use

PRIVACY POLICY & TERMS OF USE

The Ultimate-Pool.com (Company) website, a division of Ultimate Xscapes Pool & Spa Inc., may request and collect certain personally identifiable information through various means such as online forms, online applications, e-mail, and comments submitted to the Ultimate-Pool.com website. Ultimate-Pool.com uses the information that you provide for such purposes as processing and responding to requests, improving its operations, and communicating with visitors about Company products, services and businesses. Company will not provide personally identifiable information collected from you to any third party, including individuals, organizations, and businesses that have contributed information to this Ultimate-Pool.com website (collectively, "Content Providers"), unless you specifically authorize us to do so.

The Ultimate-Pool.com website web server also automatically collects non-personally-identifiable information such as the domain name of the site providing you with Internet access, but not, for example, your name or email address. Other examples of information collected by the Ultimate-Pool.com website server include the Internet protocol ("IP") address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on the Ultimate-Pool.com website, the pages viewed, information searched for, access times and other relevant statistics. Company uses this information in the aggregate to measure the use of its web site, to diagnose problems, remember user preferences and to administer and improve the web site and related services.

As with many web sites, Company may use "cookies" and/or other technology such as tracker GIFs (collectively, "Tracking Technologies") in the Ultimate-Pool.com website or in our communications with you to enhance the functionality of the tucson-pool-services.com website and to make your transactions and other activities more convenient and efficient. These Tracking Technologies may vary, but in some cases may involve a small file stored locally on the computer used to access the Ultimate-Pool.com website, and may be used by Company to store and collect information relating to your viewing and use of the Ultimate-Pool.com website and Company' communications with you. You may set your web browser software not to accept cookies, but, if so, certain functionality of the Ultimate-Pool.com website may be affected. Neither Company nor the Content Providers for this Ultimate-Pool.com website shall be liable for your inability to access or use this Ultimate-Pool.com website or any portion of this Ultimate-Pool.com website as a result of settings on your browser that prevent cookies.

Third parties (including, but not limited to, Content Providers) may also use Tracking Technologies by or through this Ultimate-Pool.com website. Company has no control over what information such third parties track or collect, and Company shall have no responsibility or liability for any tracking, data collection or other activities of such third parties.

To the extent required or permitted by law, Company may also collect, use and disclose personally-identifiable information collected from you in connection with duly authorized security related or law enforcement investigations, and in the course of cooperating with authorities or complying with legal requirements. 

The Ultimate-Pool.com website may contain e-mail addresses to Content Providers ("Third Party E-mail Addresses") and links to other web sites owned and operated by third parties ("Third Party Sites"). Company shall have no responsibility or liability for any communications between you and such Content Providers via Third Party E-Mail Addresses. In addition, the Third Party Sites are not covered by this privacy statement, and Company is not responsible for the privacy practices or the content of these Third Party Sites. The Ultimate-Pool.com website may also contain links to other web sites owned, operated by, or affiliated with Company ("Other Company Sites"). The Other Company Sites are not governed by this privacy statement and you are advised to review the privacy statement applicable to each Other Company Site you visit.

TERMS OF USE

You are authorized to use certain of the Ultimate-Pool.com website content as described below. Except for the authorized uses described in the following paragraphs, you may not copy, download, distribute, reproduce or otherwise use any portion of the Ultimate-Pool.com website, including, without limitation, the "look and feel" of the Ultimate-Pool.com website, the Company logo and other commercial indicia, or the programming code underlying the Ultimate-Pool.com website. You may not programmatically copy Third Party Content Provider information, e.g., through techniques known as "spidering" or "screen scraping" or through any other electronic means.

Disclaimer
THIS Ultimate-Pool.com WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND RELATED SERVICES, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY DOES NOT WARRANT THAT THE SITE, THE INFORMATION OR RELATED SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE Ultimate-Pool.com WEBSITE, INFORMATION OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE Ultimate-Pool.com WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS Ultimate-Pool.com WEBSITE, INFORMATION OR THE RELATED SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS Ultimate-Pool.com WEBSITE AND/OR SUCH INFORMATION AND/OR RELATED SERVICES.

Limitation of Liability
IN NO EVENT SHALL Ultimate-Pool.com (Ultimate Xscapes Pool & Spa Inc.) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS Ultimate-Pool.com (Ultimate Xscapes Pool & Spa Inc.) WEBSITE OR THE INFORMATION, FUNCTIONALITY AND SERVICES RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Ultimate-Pool.com (Ultimate Xscapes Pool & Spa Inc.) BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION OR OTHER CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF YOU OR OTHER PERSONS ON OR THROUGH THIS (Ultimate Xscapes Pool & Spa Inc.) WEBSITE.

Indemnification
You agree to defend, indemnify and hold Ultimate-Pool.com, its Content Providers and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your misuse of this Ultimate-Pool.com website, your use or transmission of any Information, other content, software, services or other materials from the Ultimate-Pool.com website, or your breach or violation of the law or of these Terms of Use.

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