Cody Pools, Inc. and Church Properties TERMS AND CONDITIONS
Cody Pools, Inc. and Church Properties, whose sole locations of operations are 2300 W. Parmer Lane, Austin Texas, and 5115 S. IH35, Georgetown Texas, maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. Your access to and use of the Site is subject to these following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.
1. You may use material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on any generated materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Cody Pools, Inc. and Church Properties's written permission.
2. You should assume that everything you see or read on the Site is copyrighted or otherwise protected unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Cody Pools, Inc. and Church Properties. Without the prior written consent of Cody Pools, Inc. and Church Properties, you may not create a link to any page of this Site in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by Cody Pools, Inc. and Church Properties; (ii) cause confusion, mistake, or deception; (iii) dilute Cody Pools, Inc. and Church Properties's Trademarks (as defined herein); or (iv) otherwise violate state or federal law.
3. While Cody Pools, Inc. and Church Properties uses reasonable efforts to include accurate and up-to-date information in the Site, it makes no warranties or representations as to its accuracy. Cody Pools, Inc. and Church Properties assumes no liability or responsibility for any errors or omissions in the content of the Site.
4. Your use of and browsing in the Site are at your own risk. Cody Pools, Inc. and Church Properties, shall have no responsibility to provide you access to the Site. Neither Cody Pools, Inc. and Church Properties nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Cody Pools, Inc. and Church Properties also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
5. You shall release, discharge, and relinquish and shall defend and shall indemnify and hold harmless Cody Pools, Inc. and Church Properties and its and vendors, and each of their members, shareholders, directors, employees, agents, representatives, and contractors of whatever tier from and against all losses, claims, demands and causes of actions of whatever kind or character, including, without limitation, costs, reasonable attorneys' fees, and expenses incurred in connection with any claim brought by any persons or entities arising from, in connection with, or relating to your access and use of the Site, including your use of the information obtained through the Site. THE OBLIGATIONS TO RELEASE, TO DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES TO THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES.
6. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Cody Pools, Inc. and Church Properties for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Cody Pools, Inc. and Church Properties is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
7. Images of people or pool designs displayed on the Site are either the property of, or used with permission by, Cody Pools, Inc. and Church Properties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright, trademark, privacy, publicity, or communications laws, regulations, or statutes.
8. Record of your use of the Site is the property of Cody Pools, Inc. and Church Properties and is protected by and subject to the U.S. Electronic Communications Privacy Act. Cody Pools, Inc. and Church Properties reserves the right to use information collected about your use of the Site for its marketing and membership endeavors and to disclose it to our affiliates and to nonaffiliated third-parties that perform services for Cody Pools, Inc. and Church Properties, including marketing services, or other companies with whom Cody Pools, Inc. and Church Properties has joint marketing agreements. Cody Pools, Inc. and Church Properties has procedures in place that limit access to nonpublic personal information, such as social security numbers and dates of birth, to those employees and third party service providers who need to know such information to provide services to you. Cody Pools, Inc. and Church Properties will maintain physical, electronic, and procedural safeguards to protect the confidentiality of your nonpublic personal information as required by law. Additionally, your personally identifying information and your non-public personal information will not be shared with other third parties, with the following exceptions: a. Information that Cody Pools, Inc. and Church Properties in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena; b. Information revealed during the course of Cody Pools, Inc. and Church Properties's enforcement of the policies and procedures of the Site, or during the course of any disciplinary actions; c. Information in a manner expressly permitted by the provisions of this Section; d. Information that Cody Pools, Inc. and Church Properties in good faith determines must be disclosed to correct what it believes to be false or misleading information or to address activities that Cody Pools, Inc. and Church Properties believes to be manipulative, deceptive or otherwise in violation of law; or e. Unless you are otherwise notified at the time the data is collected such as when you submit personal information as part of finance qualifying and an employment application. Protecting the privacy of children is especially important. Cody Pools, Inc. and Church Properties does not knowingly collect information about children and will delete any such information that it discovers or is made aware of. You may request corrections to your information or to be removed from Cody Pools, Inc. and Church Properties's marketing lists by contacting Cody Pools, Inc. and Church Properties at 512.835.4966.
9. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including but not limited to "Cody Pools," "Cody Pools, Inc. and Church Properties," "The Most Beautiful Pool You Can Own," are registered and unregistered Trademarks of Cody Pools, Inc. and Church Properties and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Cody Pools, Inc. and Church Properties or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Cody Pools, Inc. and Church Properties will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
10. Cody Pools, Inc. and Church Properties has not reviewed all of the sites linked to the Site and shall not be held liable for any loss or damage caused, directly or indirectly by your use of any external site linked to the Site, or any information, products or services available from such external sites. Your linking to any other off-site pages or other sites is at your own risk.
11. The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms and Conditions. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site as contemplated by these Terms and Conditions must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Austin, Travis County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Travis County, Texas are an inconvenient forum.
12. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Cody Pools, Inc. and Church Properties. Any assignment other than as provided for in this Section shall be null and void.
13. The materials on the Site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Cody Pools, Inc. and Church Properties; proprietary rights in them.
14. Cody Pools, Inc. and Church Properties may terminate or suspend your use of the Site for any reason. Termination or cancellation of your use of the Site shall not affect any right or relief to which Cody Pools, Inc. and Church Properties may be entitled, at law or in equity. Upon termination of these Terms and Conditions, all rights granted to you will terminate and revert to Cody Pools, Inc. and Church Properties.
15. Cody Pools, Inc. and Church Properties may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Copyright © 2005 Cody Pools, Inc. and Church Properties. All rights reserved. Rev. February 26, 2005.