Introduction
Thank you for visiting our www.nature2.com Web Site (the "Web Site"). Zodiac Pool Care, Inc. ("Zodiac") makes information, materials and products available on this Web Site, subject to the following terms and conditions. This Agreement (the "Terms of Use") sets forth the terms and conditions that apply to your access to and use of our Web Site. By accessing this Web Site, you agree to the terms and conditions contained herein. You shall be responsible for protecting the confidentiality of your password(s). Please see our Privacy Policy for terms applicable to our data collection and use practices.
Zodiac reserves the right to change these terms and conditions from time to time in its sole discretion. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Web Site that changes have been made, regardless of the scope and importance of the changes. We encourage you to check back periodically and review this Web Site so that you always know what terms and conditions apply to your access to and use of this Web Site. Your continued use of our Web Site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. We may change, restrict access to, suspend, or discontinue this Web Site, or any portion of this Web Site, at any time.
Copyrights
This Web Site and the text, graphics and other contents of this Web Site and all software, data and information used to provide this Web Site, including images, method of display and presentation, source code, embedded routines, programs and other materials are the property of ZODIAC, its affiliates or licensors, and are protected by worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access or download content from this Web Site solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Web Site. Except as expressly authorized in this Terms of Use, you may not modify, distribute, reproduce, display, or use this Web Site or any elements thereof. All rights not expressly granted to you by us in this Terms of Use are reserved to Zodiac and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Web Site as authorized hereunder.
Certain Restrictions
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics are strictly prohibited without express written permission of Zodiac. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Web Site, with any other software or content of a third party. You may not use any meta tags or any other "hidden text" utilizing the names or trademarks of Zodiac or any of its affiliates without our express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose.
Industrial trademarks
ZODIAC is a registered trademark and its products, accessories and exclusive models are protected by the appropriate patents and trademarks. Their reproduction, partially or entirely, without previous written permission of ZODIAC or of its subsidiaries is prohibited.
ZODIAC, BOMBARD, AVON, SEVYLOR, BARACUDA, SWEEPY, SICMA, OVATION, KD, FLEXIPOOL, EUROPOOL, DRICLAD, D&W, NATURE 2, CLEARWATER, VOGUE, AQUASPHERE, WATERMATIC are trademarks owned by Zodiac. Any use of these brand names and/or their logos is prohibited without the prior written consent of ZODIAC or its subsidiaries.
Product information
Always attentive to improving the quality of its products, ZODIAC and its subsidiaries reserve the right, without prior notice, to modify or discontinue any product or model presented on this site. All measurements listed on the site may vary from actual dimensions. All specifications are given in relation to the French standard ISO 6185, however, in some countries standards could be different (for example in measurements or load capacity). Some models or products are illustrated on the site with optional accessories. We suggest that you carefully check the standard equipment supplied with each model or product. The availability of certain models as well as the details of certain accessories may vary from one country to another. Check with your local ZODIAC Dealer to get the latest information.
Information about the protection afforded under French law "Computer Information and Liberty", dated 6 January 1978, Art.27 : The information that results from website users' replies to questions can be used by ZODIAC and its subsidiaries without obligation.
You have a right to access and rectification of information that concerns you by writing to ZODIAC INTERNATIONAL, 2 Rue Maurice Mallet, 92130 Issy Les Moulineaux, FRANCE.
Links
This Web Site may provide links or references to third party sites that Zodiac does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. Zodiac and its subsidiaries have no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided merely as a convenience to the users of this Web Site, and such links do not imply endorsement of such other third party sites or the content contained therein by Zodiac. Zodiac and its subsidiaries disclaims all liability with regard to your access to such linked Web Site, and access to any other Internet web site linked to this Web Site is at your own risk. You should consult the terms of use and privacy policy of any other Internet web site. You release and discharge Zodiac, its subsidiaries, affiliates, and licensors from any and all liability arising from your purchase or use of products or services by or through such third party sites.
Your Account
If you use this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of or visitor to our Web Site due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.
This Web Site does not sell products or services for children, but it sells them to adults, who can purchase with a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
Disclaimer of Warranties; Limitation of Liability
You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this Web Site, including information, goods and services referred to, advertised or promoted on or sold though the Web Site. This Web Site and all information, products or services available through this Web Site are provided by us on an "as is" basis without warranties of any kind, either express or implied. Neither Zodiac, its subsidiaries or affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that this Web Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Web Site, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this Web Site. Before purchasing goods or services you have read about on this Web Site, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. Neither Zodiac nor its subsidiaries or affiliates are responsible for, and do not guarantee the performance of, any such goods or services, nor the accuracy or validity of the information provided and expressly disclaim any and all liability relating to the manufacture, sale or use of products and services discussed or illustrated in this Web Site or any related publication.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER ZODIAC, ITS SUBSIDIARIES, AFFILIATES NOR ITS LICENSORS OR PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEB SITE, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE. ZODIAC, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OF OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL ZODIAC, ITS SUBSIDIARIES, AFFILIATES OR ITS LICENSORS OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF ZODIAC, ITS SUBSIDIARIES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the entire liability of Zodiac, its subsidiaries, affiliates and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this Web Site will not exceed the amount you paid, if any, for the use of this Web Site or any products or services purchased hereon out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Use at Your Own Risk
We provide the material available through this Web Site for informational purposes only. You may only use the material and the services available through this Web Site for your personal and non-commercial use. Before you act on any information you've found on our site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEB SITE.
Materials Submitted by Other Users
We cannot and do not review every posting made in our Web Site, chat rooms, blogs, and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff.
Data Security
We have put in place what we believe to be reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.
Data Collection and Use
Any personally identifiable information provided by you in electronic communications to the Web Site is governed by this Web Site's Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this usage agreement by this reference.
Use of Communications Services
We may provide a variety of services on this Web Site through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, additional forums, classifieds and other user-submitted advertising, and other public posting areas ("Communications Services"), but we assume no responsibility of the views and opinions expressed. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our Web Site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this Terms of Use Agreement, or to protect the rights, property or safety of visitors to our Web Site, our customers, the public or Zodiac and its subsidiaries, its employees, agents, partners and affiliates. We reserve the right (but assume no obligation) to review the content of this Web Site, including blogs, message boards, chat rooms, listings, and other information posted to the Web Site to determine compliance with this Terms of Use Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using this Web Site, you agree not to post, submit or transmit through this Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Web Site or otherwise to the owners of this Web Site shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through this Web Site and agree that you will indemnify and hold Zodiac, its subsidiaries, affiliates and licensors harmless from and against any claims, damages or losses related to such content or other materials.
We reserve the right to deny access to any Communications Service to anyone who violates this Terms of Use Agreement or who, in our judgment, interferes with the ability of others to enjoy our Web Site or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Posted Materials
You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, "Ideas") to us via this Web Site, whether by submission to a public area of the Web Site or by other communication to us through email or other means of electronic communication facilitated by the Web Site. By submitting communications, materials or Ideas to any public area of this Web Site, you grant Zodiac and its subsidiaries and affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and Ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed on a worldwide basis. You also permit any other user of this Web Site to access, view, store or reproduce the material or Ideas for that user's personal use. Such purposes may include disclosure to third parties and/or developing, manufacturing, commercializing and/or marketing goods or services based on such Ideas or materials. By posting or disclosing such information, you hereby waive any claim that Zodiac or any of its subsidiaries or affiliates misappropriated any such Ideas, materials or any portions of your communication in any activities in which Zodiac or its subsidiaries or affiliates may engage in the future.
Violation of These Terms of Use
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Web Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any transmittal or communication by you with us through the Web Site or any service offered on or through the Web Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Terms of Use Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Zodiac, its employees, users of or visitors to the Web Site, and the public.
Without limiting any other portion of this Terms of Use Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Web Site and/or block your future access to the Web Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Web Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Zodiac may have at law or in equity.
Miscellaneous
Use of this Web Site by you for spamming or any purpose other than the purpose for which the data was provided by the sender is strictly prohibited. Without limiting the generality of the foregoing, by listing any item for sale on this Web Site, as applicable, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item. By using this Web Site, you agree not to use information concerning other users of this Web Site, or any items such users have listed or searched for on this Web Site (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.
This Terms of Use Agreement is governed by the laws of the [Insert State], U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in [Insert City, State], U.S.A., in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zodiac or any Zodiac subsidiary as a result of this agreement or use of this Web Site.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use this Web Site for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Web Site will not be permitted.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Web Site, which includes any discontinuance or material modification of the Web Site or any service offered on or through the Site, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Zodiac. You agree that neither Zodiac nor any of its subsidiaries or affiliates will be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Questions
If you have further questions that were not addressed in the above policy, please contact us at 800-822-7933 or email at customerservice@zpc.zodiac.com.
