TERMS OF SERVICE
Effective: January 1, 2021.
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE TERMS OF SERVICE. BY ACCESSING, BROWSING, INSTALLING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES SET FORTH ON THE SITES, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Poole Shop WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
All of the Services are available only for individuals aged 18 years or older. If you are under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review the Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to the Terms of Service. You agree to have your parent or guardian review and accept the Terms of Service on your behalf. If you are a parent or guardian agreeing to the Terms of Service for the benefit of anyone under 18, then you agree to and accept full responsibility for that person’s use of the Services, including all financial charges and legal liability that he or she may incur. If you are under 13 years of age, you are not authorized to use the Services.
MODIFICATION OF TERMS OF SERVICE AND/OR THE SERVICES
Poole Shop reserves the right, in its sole discretion, to modify the Terms of Service at any time and without prior notice. If we amend the Terms of Service, we will update this posting on the Sites and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
Poole Shop reserves the right to modify, discontinue or terminate any or all Services or stop offering and/or supporting the Services, including, but not limited to, content, hours of availability and equipment needed for access or use, at any time either permanently or temporarily, at which point your license to use the Services or any part of it will be automatically terminated or suspended. If that happens, Poole Shop is not required to provide refunds, benefits or other compensation to you in connection with discontinued elements of the Services.
In order to use certain features of the Services, you may have to register and create an account with Poole Shop (your “Account”), and as part of that process you will be requested to provide certain information, including without limitation your name, full address, phone number and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account, including all financial charges and legal liability (except as to security breaches caused by Poole Shop). Poole Shop reserves the right to reject your application for an Account, or suspend or cancel your Account, at any time and shall incur no liability for such suspension or termination.
The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of the Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to the Terms of Service.
As the Account Owner, you are solely responsible for complying with the Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
By registering for your Account and provide your information to us, you hereby consent to us sending, and you receiving, by means of telephone, e-mail or SMS, communications containing content of a commercial nature relating to your use of the Services and related services. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such content anymore.
You agree not to engage in any of the following prohibited activities, among others: (i) copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and the Terms of Service; (ii) using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) infringing upon or violate our intellectual property rights or the intellectual property rights of others; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of Poole Shop; (xi) interfering with or any activity that threatens the performance, security or proper functioning of the Services; (xii) uploading or transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services; (xiv) bypassing the security features or measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xv) attempting to access unauthorized Accounts or to collect or track the personal information of others; (xvi) using the Services for any purpose or in any manner that infringes the rights of any third party; or (xvii) encouraging or enabling any other individual to do any of the foregoing.
We reserve the right to refuse our Services to anyone for any reason at any time. A breach or violation of any of the terms contained herein will result in an immediate termination of your access to our Services.
TERMS OF SALE
You understand that you are buying directly from an independent retailer. The items offered on the Services are listed and sold directly by CAPTIOL.By placing an order on Poole Shop, you certify that you have read the item descriptions, returns and shipping policies before making the purchase and you have provided accurate shipping information. We are not responsible if information made available on the Services is not accurate, complete or current. Any reliance on the material on our Services is at your own risk.
All orders are subject to availability and all prices advertised are subject to such changes. We reserve the right to refuse any order or other request made by you. You will receive a confirmation email from us if your order is accepted. A contract between us will not be formed until we send you such email confirmation.
Delivery costs will be charged in addition to the cost of the products. Such additional charges will be displayed in the retailer’s returns and shipping policies and displayed where applicable and included in the order confirmation. Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. For return related issues, please review the returns and shipping policy applicable to such retailer.
While Poole Shop tries to ensure that all details, descriptions and prices which appear on the Services are accurate, typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability may occur. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Sites, mobile apps or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in our Services or on any related website, including without limitation, pricing information, except as required by law.
If you chose to leave a review, you agree and acknowledge that you grant us the right to use the name that you submit with any review, comment, or User Content (as defined below) in connection with such review, comment and that your name, profile, review, comment and/or User Content will be publically displayed on the Services. We may, but shall not be obligated to, remove or edit any review, comment or User Content for any reason. Your review and comment are subject to all applicable terms in this agreement. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on the Services. Additionally, Shilling, the fraudulent inflation of a user’s reputation through the use of a separate account, is not allowed.
BILLING AND PAYMENT
In order to make purchases on the Services or to offer and sell your products on the Services (a “Transaction”), you will need to supply billing information, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”) to us or to the payment processor retained by Poole Shop (the “Payment Processor”). To help prevent fraud and safeguard against the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation by placing a temporary charge on the payment account then refunding the amount. Further, upon receiving your order, we carry out a standard authorization check on your payment account to ensure there are sufficient funds to fulfil the Transaction.
By providing us with a payment method, you (a) represent that you are authorized to use the payment method that you provided and that the Payment Information you provide is true and accurate and (b) authorize us to charge you for the Transactions. If we make an error on your bill, you must tell us within 60 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we’ll not be liable for any losses resulting from the error and we won’t be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 60 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time of a Transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Payment processing services for Poole Shop are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Terms of Service or continuing to use our Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Poole Shop enabling payment processing services through Stripe, you agree to provide Poole Shop accurate and complete information about you and your business, and you authorize Poole Shop to share it and transaction information related to your use of the payment processing services provided by Stripe.
LICENSE & INTELLECTUAL PROPERTY RIGHTS
Poole Shop License
Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive, nontransferable, freely revocable, license to access and use the Services. We may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the “Poole Shop Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Poole Shop or, as applicable, its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Poole Shop Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“User Content” means data, text, graphics, photos, chats, general user data, including user log data and analytic data, and information or other materials that you post, upload, publish, submit or transmit to the Services. By making available any User Content through the Services, you hereby grant to Poole Shop a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Services. We do not claim any ownership rights in any such User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. We take no responsibility and assume no liability for any comments posted by you or any third party. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. If your User Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
You represent and warrant that all information you provide through the Services, and all User Content is truthful and accurate, and that you will notify us or otherwise update such information and User Content in the event of any misrepresentation or inaccuracy. You agree that you will not post any User Content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the Terms of Service. We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Service.
Following the termination or cancellation of your subscription to the Services and/or Account, we reserve the right to delete all your data, including any User Content, in the normal course of operation. Your data cannot be recovered once your Account is cancelled.
SOCIAL MEDIA SITES
As part of the functionality of our Services, you may link your Account with online accounts you may have with third party service providers, such as Facebook (a “Third Party Account”) by (i) providing your Third Party Account login information through our Services, or (ii) allowing Poole Shop to access your Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Poole Shop and/or grant Poole Shop access to your Third Party Account, without breach by you of any applicable terms and conditions and without obligating Poole Shop to any liabilities. By linking the Third Party Accounts, you understand that (a) Poole Shop may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account, and (b) Poole Shop may submit additional information to your Third Party Account. Subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on our Services. You will have the ability to disable the connection between your Account with us and your Third Party Accounts at any time. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS AND YOUR THIRD PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Poole Shop makes no effort to review any content provided by Third Party Accounts and is not responsible for any such content.
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on the Sites or mobile apps may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Poole Shop OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING,Poole Shop , ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
Poole Shop DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Poole Shop SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, AND Poole Shop WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL Poole Shop , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES AND (B) Poole Shop ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL Poole Shop , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $1,000.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Poole Shop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless Poole Shop and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any User Content or other data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any other party’s access and use of the Services with your unique username, password or other appropriate security code; or (vi) allegations that any User Content was false or misleading.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify our Copyright Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit Poole Shop to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Poole Shop Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Silverplate, Inc., dba Poole Shop
ATTN: Copyright Agent
4010 Sharon Road Charlotte, NC 28211
For clarity, only DMCA notices should go to the Poole Shop Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to us via [email protected].
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION AND SURVIVAL
Subject to the terms of any applicable Customer Agreement, either party may terminate the Terms of Service for any or no cause, at any time. You may cancel the Services and delete your Account at any time by either using the features of the Services to do so (if applicable and available) or by written notice to [email protected]. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of the Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of the Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service and any policies or operating rules posted by us on the Sites or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting party. The headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect these terms.
Except if you opt-out or for disputes relating to your or Poole Shop’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) (“Excluded Disputes”), you agree that all disputes between you and Poole Shop (whether or not such dispute involves a third party) with regard to your relationship with Poole Shop, including without limitation disputes related to the Terms of Service, your use of our Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Poole Shop hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules. You may bring claims only on your own behalf.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Poole Shop can require the other to participate in an arbitration proceeding. To opt out, you must notify Poole Shop in writing within 30 days of the date that you first became subject to this arbitration provision by sending such written opt-out notice to 4010 Sharon Road Charlotte, NC 28211. You must include your name and residence address, the email address you use for Poole Shop, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
This arbitration agreement will survive the termination of your relationship with Poole Shop. You agree that any claim you may have arising out of or related to your relationship with Poole Shop must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.
The Terms of Service and any separate agreements whereby we provide access to our Services shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to principles of conflicts of law.
For any action at law or in equity relating to the arbitration provision of the Terms of Service, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree any legal action or proceeding between Poole Shop and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in Charlotte, North Carolina, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Questions about the Terms of Service should be sent to us at [email protected].
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