These terms and conditions of use apply exclusively to your access to and use of this web site and do not alter in any way the terms and conditions of any other agreement you may have with the Texas Pool & Spa Coalition ("TPSC") for products, services, or otherwise.
TPSC reserve the right to update these terms and conditions of use at any time without notice. TPSC may terminate or cancel your account at any time if you violate these terms and conditions. Your access and use of this web site provides your acknowledgment of and agreement to abide by these Terms and Conditions.
Copyright exists for all of the contents, site design, text, and graphics on this web site unless otherwise indicated. All rights are reserved. Site users shall not modify, transmit, license, create derivative works from, reproduce,download, disseminate, publish, "mirror" on another server, sell, or transfer, in any form or by any means, any materials contained in this web site.
Respect for the intellectual property rights of others is a priority. If you believe there has been a use of your work in a way that constitutes copyright infringement, please contact TPSC with the information required pursuant to Title 17, United States Code, Section 512 (c)(2).Restricted Rights:
TPSC provide its products to government clients with Restricted Rights. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
You are granted a limited, nonexclusive right to create a "hypertext" link to this web site provided that such link is to the entry page of this web site and does not portray TPSC or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. Revocation of this limited right may occur at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any TPSC trademark, logo, or trade name or other proprietary information including the images found at the web site, the content of any text or the layout/design of any page, or any form contained on a page without the express written consent of and TPSC.
A link may exist between this web site and other web sites on the World Wide Web or Internet that have no affiliation with TPSC and/or are not under the control of TPSC in any manner. If you use these links, you may leave this web site. TPSC are not responsible for any of these sites, their products/services, or their content. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.
Any material, information, or idea you transmit to or post on this web site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by TPSC or their parent companies or affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Notwithstanding the foregoing, use of all personal data provided to TPSC will be in accordance with the web site Privacy Statement. PHTA prohibit users of this web site from posting libelous comments, profanity, or other inappropriate material.
To the fullest extent allowed by law, TPSC hereby disclaim all warranties, express, implied, and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Although TPSC use reasonable efforts to provide accurate and current information as well as compliance with Federal, State, and local regulations, TPSC do not warrant the accuracy or completeness of the course contents or full compliance with regulations. Further, TPSC do not warrant that access to the service and the web site will be uninterrupted, error-free, or without compromise or infiltration of security systems.
TPSC, and their parent companies and affiliates will not be liable to you or any third party claiming through you for any damages in connection with the use or inability to use the service and the site or any content appearing on the site. In no event will TPSC be liable to you or any third party for any indirect, consequential, exemplary, punitive, special, or incidental damages, including without limitation, personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether TPSC have been advised of the possibility of such damage. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of TPSC for damages under this Agreement exceed the amount you tendered to TPSC under this Agreement.
Any controversy or claim arising out of or relating to these Terms and Conditions or enforcement of these Terms and Conditions will be governed by Colorado law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement will lie in the Superior Court of the State of Colorado. The failure, neglect, or delay of TPSC to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be unlawful, invalid, or unenforceable to any extent, the remaining portions will remain in full force and effect to the fullest extent permitted by law.