Easy Pool Plans

TERMS AND CONDITIONS OF SALE OR SERVICE

TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EASY POOL PLANS (ABN 73 894 353 677) STATING THE TERMS THAT GOVERN YOUR USE OF THE EASY POOL PLANS WEBSITE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES AND ANY ADDITIONAL TERMS,- COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND Easy Pool Plans. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND Easy Pool Plans MAY REFUSE ACCESS TO THE EASY POOL PLANS WEBSITE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT. (1) Definition of the Easy Pool Plans website service. Easy Pool Plans is the provider of the Easy Pool Plans website (the "Service") that permits you to purchase or subscribe to (as applicable) a license for downloads of digital content - such as pool plans, pictures, eBooks, eBrochures and other information or videos - under certain terms and conditions as set forth in this Agreement. (2) Age requirements for use of the Service. If you are under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. The transaction area of this site (is available) but is not intended for persons younger than 18 purely for commercial reasons and not for reasons that content may be undesirable. (3) System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility, and that the Service may query your system and any connected devices solely to determine compatibility with the Service and need for any upgrades. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

OTHER TERMS AND CONDITIONS

Easy Pool Plans is not responsible for typographic errors. Easy Pool Plans reserves the right to change the terms and conditions of sale at Easy Pool Plans website at any time. Revised Terms of Sale will be made available on our website. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications. These terms and conditions and all sales on the Easy Pool Plans website are governed by the laws of Queensland, Australia. If any of the terms in these Terms of Sale are not valid or legally enforceable, the other terms will not be affected.

USER ACCOUNT AND SECURITY

(1) Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Easy Pool Plans of any unauthorised use of your Account or any other breach of security. Easy Pool Plans shall not be responsible for any losses arising out of the unauthorised use of your Account. (2) Security. You agree that the Products are provided to you by way of a license only. You understand that the Service, and products transacted through the Service, such as Pool Plans, eBooks and related artwork (“Products”) include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Easy Pool Plans. You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent or reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Easy Pool Plans for compliance purposes, and Easy Pool Plans reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorised to access. You agree not to obtain unauthorised access to the Service. Violations of system or network security may result in civil or criminal liability.

PURCHASE OF Easy Pool Plans CONTENT

(1) Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media) and that such hardware and software is your responsibility. (2) Use of Products. You acknowledge that Products may contain security technology that limits your usage of Products to the following Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules. Usage Rules. Private Use: (a) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. (b) You shall be authorised to use the Products only for personal, noncommercial use. Any copyright information written on the plans must remain on the plans at all times. (c) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Products.

AGREEMENT TO PAY

(1) Payment for Products. You agree to pay for all Products you purchase or subscribe to (as applicable) through the service, and that Easy Pool Plans may charge your credit card for any products purchased or subscribed to (as applicable), and for any additional amounts as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Easy Pool Plans WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different payment card or if there is a change in your payment card status, you must change your payment card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Easy Pool Plans can verify the validity of the new payment card information.) (2) Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time. (3) Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.

DISCLAIMER FOR PLANS & CONCEPT DRAWINGS

ALL DRAWINGS ON THE 'EASY POOL PLANS WEBSITE ARE 'NOT FOR CONSTRUCTION' They are only designed to give you ideas and help you show other interested parties the overall look and feel you would like to achieve in the designated area of your property. Acceptance of the idea’s & drawings and subsequent works resulting from the use of the drawings available on the Easy Pool Plans website is subject to the following conditions… (1) The information contained within the designs is classified as suggestions only, Easy Pool Plans or its owners cannot be held liable in any way and also can in no way be responsible for the way the design is executed. (2) Any site conditions, which require special attention, will be the sole responsibility of the owner of that site. (3) The design is a 'NOT FOR CONSTRUCTION' concept only and if council or government regulations differ from what is drawn, the owner must take full responsibility for complying to those regulations and in no way hold Easy Pool Plans or its owners responsible for any charges or costs relating to the changes. (4) All sizes should be confirmed with your nominated builder before construction begins. Some items included in the design could need specific engineer designs, which you may need to organise with an engineer of your choice in your local area, at your cost. Some of our drawings from time to time, are available for purchase in mark out plans in varying sizes; you are responsible to make sure the sizes are correct for your needs and to adjust the sizes as necessary. (5) Any contractors/suppliers/businesses chosen from our Business Directory or because of Easy Pool Plans or its owners suggestions, either personally, from other areas of our website or from our advertising or promotional material will be the owner’s responsibility, and Easy Pool Plans or its owners cannot be held liable in any way for you choosing of a certain contractor/supplier or for the supervision of any such contractor/supplier. (6) We reserve the right to change and update the designs at our discretion without notice to users. All images and information shown on the website remain the full property of Easy Pool Plans.

INTELLECTUAL PROPERTY

(1) Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Easy Pool Plans and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. (2) Removal of Easy Pool Plans Content or Other Materials. Notwithstanding any other provision of this Agreement, Easy Pool Plans and its licensors reserve the right to change, suspend, remove or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Easy Pool Plans be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Easy Pool Plans may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. (3) Copyrights. All copyrights in and to the Service, (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Easy Pool Plans and/or its licensors, who reserve all of their rights in law and equity. THE USE OF THE PLANS OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

COPYRIGHT OF WEBSITE MATERIAL

(a) The designs, specifications and overall concepts including but not limited to, eBooks, Plans, and other writings (the works), either wholly or in part, remain the property of Easy Pool Plans and its licensors. (b) These works may not be copied or used by any persons without the written authority of Easy Pool Plans. The copyright and all other intellectual property rights in all material on this site are held by or licensed to Easy Pool Plans unless otherwise stated. All rights in all texts, images and materials appearing in this site are reserved. (c) You may read and download certain materials (in their entirety) for personal use only, on condition that you comply with the terms and conditions applicable to this site. You may not alter any material, repost or sell it without prior permission. Commercial use or publication of all or any material displayed, without prior written permission from Easy Pool Plans, is strictly prohibited. Should the copyright of these works be infringed, Easy Pool Plans or its licensors may take action at law or in equity to protect its interests. (d) Please note: (1) We do not consider the shape of our pools as presented in our pool plans to be covered by copyright, as that would almost be impossible to prove who originally thought of a shape, given the number of pool shapes already available in the marketplace. So do not be afraid of copying a shape from the pool concept plans displayed on our website and drawing it yourself on your own paper using your own measurements. We have no problem with you copying our pool shapes, Easy Pool Plans does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party claims to copyright regarding pool shapes. (2) What we consider to be covered by copyright are the ‘settings’ in which we apply the shape of a pool, such as the concept drawing as a whole as put together by our designer or designers. (3) Our mark out plans with definite measurements as put together by our designer or designers which can be purchased from our website are also considered to be covered by copyright. (4) We also consider the text and format of our eBooks and eBrochures and ‘free reports’ or PDF's to be covered by copyright. (5) The unique look and feel of our website may also be covered by copyright. For details of your rights and restrictions on your rights to use the Products, see: www.copyright.org.au; or www.ipaustralia.gov.au/ip/copyright.shtml

REFUNDS & RETURNS POLICY

When the image is purchased, it is not possible to ask for a refund or to return the image due to the reproducible nature of the downloaded image unless it can be proved that it was downloaded accidently. We have made every effort to present the image on the web site in a way that you know beforehand what you will be receiving on letterhead or A4 size. Most images on our website are purposefully small and of poor quality to deter piracy. Purchased images are of much higher quality.

CANCELLATION POLICY

All sales and member agreements (as applicable) are final. The Easy Pool Plans service commences immediately when you begin to download content from the Easy Pool Plans website and you may not be able to cancel your contract once the service commences.

DELIVERY INSTRUCTIONS & TIME FRAMES

(1) When you purchase a Easy Pool Plans concept pool plan or other product, in most cases, it will be delivered to an email address nominated by you as soon as your payment is approved. If your or our Internet provider is having problems for some reason, as soon as we have Internet access again it will be delivered to your email address. In extreme cases, if the Internet is not working, (at our discretion) it may be posted to you after at least 7 days of trying via the Internet. Or we may refund of the price paid for such product at our discretion. (2) Technical Problems. On occasion, technical problems or file sizes may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Easy Pool Plans. Your statutory rights are not affected.

PAYMENT METHODS

Easy Pool Plans accepts certain types of credit cards as forms of payment. If a credit card is being used for a transaction, Easy Pool Plans may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or other agreement (as applicable), or shortly thereafter. Easy Pool Plans accepts the following credit cards: Visa, Master Card. Please note: If a transaction has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another payment card. For ongoing payments such a advertising payments, arrangements can be made for debiting your nominated bank account each month so as not to loose your position.

BILLING

When using the Shopping Cart, you will have one order that authorises and bills as a single transaction.

GOODS AND SERVICES TAX ‘GST’

Easy Pool Plans transactions for Australian residents are inclusive of GST. Transactions for customers outside Australia do not include GST. Prices are not adjusted for overseas customers.

PRICES

Your total price will include the price of the Product including any applicable GST (in effect on the day of download). Easy Pool Plans reserves the right to change prices for products offered on the Easy Pool Plans website at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. If overseas customers purchase plans, the price shown does not include GST as it is not applicable.

TERMINATION

(1) Termination by Easy Pool Plans. If you fail, or Easy Pool Plans suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Easy Pool Plans with a valid payment card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, Easy Pool Plans, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof). (2) Termination of the Service. Easy Pool Plans reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Easy Pool Plans will not be liable to you or to any third party should it exercise such rights.

GOVERNING LAW

This Agreement and the use of the Service is governed by the laws of Queensland.

GENERAL COMPLIANCE WITH LAWS

The Service is controlled and operated by Easy Pool Plans from its office in Queensland, Australia. You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of the Service.

ENFORCEMENT OF THESE TERMS

Easy Pool Plans reserves the right to takes steps its owners believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Easy Pool Plans right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Easy Pool Plans has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Easy Pool Plans believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Easy Pool Plans right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

PUBLIC USE OF OUR BUSINESS DIRECTORY

All users of our Business Directory do so at their own risk. Certain content, Products and services available via the Service may include materials or services from third parties. In addition, Easy Pool Plans may provide links to certain third-party websites. You acknowledge and agree that Easy Pool Plans is not responsible for examining or evaluating the content or accuracy of any such third-party material, services or Web sites. Easy Pool Plans does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials services or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. Visitors & Members who search our Business Directory (a) If you use our services relating to our ‘Business Directory’ you agree that any contractors/suppliers/businesses chosen from our Business Directory or other areas of our website or from our advertising or promotional material will be your responsibility. Easy Pool Plans or its owners will not be held liable in any way for any dealings you have with any businesses advertising their products or services on our web site. (b) Easy Pool Plans or its owners will not be liable for any loss of income, business or profits, or for any loss or corruption of data in connection with your use of the service, or you choosing a certain contractor/supplier or for the supervision of any such contractor/supplier. (c) It is your responsibility to check ABN numbers & Licence Numbers of businesses and contractors, as these are entered by the advertisers, not Easy Pool Plans. ACCOUNT HOLDERS WHO ADVERTISE IN OUR BUSINESS DIRECTORY (a) Account holders agree never to advertise any non-Australian businesses in the business directory or any business without a legal ABN. If a licence number is required for you to operate your business legally, you must display it in your advertising, there is provision for extra text in all advertising box's. All content in your advertisement must be kept accurate and up to date. If your business ceases to exist you promise to hide it from view in our business directory until your agreement with us has ended. (b) Businesses in the ‘Business Directory’ must be involved in the swimming pool & outdoor lifestyle industries and comply with Australian laws. (c) You promise not to use offensive language in your advertisement wording and agree that Easy Pool Plans has the absolute right to remove without notice from the web site any wording or pictures we deem to be offensive material and cancel your membership if we deem that is necessary or if you don’t comply with our other terms & conditions. Reinstatement of your membership will be at the sole discretion of Easy Pool Plans. (d) Easy Pool Plans shall use reasonable efforts to protect information submitted by you in connection with the services, but you acknowledge and agree that your submission of such information is at your sole risk, and Easy Pool Plans hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. (e) Easy Pool Plans will not be liable for any loss of income, business or profits, or for any loss or corruption of data in connection with your use of the service. NO RESPONSIBILITY FOR THIRD PARTY MATERIALS, SERVICES OR WEBSITES Certain content, Products and services available via the Service may include materials or services from third parties. In addition, Easy Pool Plans may provide links to certain third-party websites. You acknowledge and agree that Easy Pool Plans is not responsible for examining or evaluating the content or accuracy of any such third-party material, services or Web sites. Easy Pool Plans does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials services or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

Easy Pool Plans WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS AGREEMENT. Easy Pool Plans DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICE. WITHOUT LIMITATION TO THE FOREGOING: (1) Easy Pool Plans DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Easy Pool Plans MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU; (2) Easy Pool Plans DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Easy Pool Plans DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE Easy Pool Plans WEBSITE THAT ARE STORED IN YOUR SYSTEM. (3). IN NO CASE SHALL Easy Pool Plans, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY Easy Pool Plans, ITS EMPLOYEES OR AGENTS WHERE: (i) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY Easy Pool Plans OR BY ANY OF OUR EMPLOYEES OR AGENTS; (ii) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; (iii) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS AGREEMENT. (4) Easy Pool Plans WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE. (5) Easy Pool Plans LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM TO: (i) in the case of goods, at Easy Pool Plans option: the replacement of the goods; (ii) in the case of services, at Easy Pool Plans option: the supply of the services again. (6) Easy Pool Plans SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Easy Pool Plans HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (7) NOTHING IN THIS AGREEMENT REMOVES OR LIMITS Easy Pool Plans LIABILITY FOR FRAUD, OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

WAIVER AND INDEMNITY

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD Easy Pool Plans, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY Easy Pool Plans AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Easy Pool Plans, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Easy Pool Plans CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

Easy Pool Plans reserves the right, at any time and from time to time, to update, revise, supplement and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Easy Pool Plans website following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Easy Pool Plans. Accordingly, in the event that Easy Pool Plans changes any part of the Service or discontinues the Service, which Easy Pool Plans may do in its reasonable discretion in the context of changes to technology and development of its service, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that, to the full extent permitted by law. Easy Pool Plans shall have no liability to you in such case except for the following. (i) in the case of goods, at Easy Pool Plans option: the replacement of the goods; (ii) in the case of services, at Easy Pool Plans option: the supply of the services again.

NOTICES

Easy Pool Plans may send you notice with respect to the Service by sending an email message to the email address listed in your Easy Pool Plans Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on the Easy Pool Plans website. Notices shall become effective immediately.

MISCELLANEOUS

These Terms of Service constitute the entire agreement between you and Easy Pool Plans and govern your use of the Service, superseding any prior agreements between you and Easy Pool Plans. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Easy Pool Plans failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Easy Pool Plans will not be responsible for failures to fulfill any obligations due to causes beyond its control.

YOUR INFORMATION

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Easy Pool Plans may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Easy Pool Plans may store and use the Registration Data you provide for use in maintaining your accounts and billing fees to your credit card. (credit card information is stored by a secure third party off site)

RESPONSIBILITY FOR INFORMATION THAT YOU POST ON THE WEBSITE

(1) The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Easy Pool Plans a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. (2) Easy Pool Plans reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. (3) Easy Pool Plans has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Easy Pool Plans in its sole discretion deems appropriate.

AUTHORITY TO VARY SERVICE POLICIES OR TERMS & CONDITIONS

Only Easy Pool Plans owners have authority to vary any of the Service's policies or the terms and conditions governing any sale. No Easy Pool Plans employee or agent has the authority to vary any of the Service's policies or the terms and conditions governing any sale.

Revised: 24 Jan 2012