YOUR USE OF AND ACCESS TO THE POOL PLAYER PERKS MOBILE APP, SITES AND FEATURES ARE SUBJECT TO THE TERMS AND CONDITIONS BELOW.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS MOBILE APP, WEBSITE OR THE POOL PLAYER PERKS SERVICES.
YOUR USE OF POOL PLAYER PERKSMOBILE APP, WEBSITE, FEATURES, OR SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND ALL OTHER TERMS, CONDITIONS, AND POLICIES REFERRED TO IN THESE TERMS AND CONDITIONS.
Pool Player Perks, and its affiliates (the “Company,”“Pool Player Perks,” “us,” “we,” “our,” or “ours”) own and operate a number of different websites, mobile apps, and interactive services (collectively, the “Pool Player Perks Sites”). These Terms and Conditions (these “Terms”) apply to the Pool Player Perks Sites and to all of the features, mobile applications, emails, online services and other functionalities (collectively, the “Features”) available via or related to the Pool Player Perks Sites, whether accessed via a computer, mobile device, or otherwise (collectively, the “Pool Player Perks Sites and Features”).
These Terms are a legal agreement between you (“you” or “your”) and the Company. By using any of the Pool Player Perks Sites and Features or our Services (as defined in Section 2 below), and/or clicking to “Accept” or otherwise agreeing to these Terms where that option is made available to you, you agree to be bound by these Terms as well as our Privacy Policy. We may post additional terms or agreements that apply to certain Services, Sites, and Features (“Additional Terms”), and you shall be subject to such Additional Terms when you access those Services, Sites, and Features. It is your responsibility to review these Terms periodically for changes. If you do not agree to these Terms, any Additional Terms, or our Privacy Policy, please do not register with or use any Pool Player Perks Sites, Features, or Services. If you do use the Pool Player Perks Sites, Features, or Services in any way, you accept and agree to all of theseTerms, any changes to the Terms, and any Additional Terms. In the event of any conflict between the terms of the Additional Terms (on the one hand) and these Terms (on the other hand), these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms. You may contact us regarding these Terms or any Additional Terms by using the “Contact Us”, “Contact Member Services” or other similar contact link in the footer of any of the Pool Player Perks Sites, or by mail to: Pool Player Perks, 8525 Cottonwood St NW, Coon Rapids, MN, 55433
You agree to use the Pool Player PerksServices, Sites, and Features only for purposes that are permitted by these Terms, any Additional Terms, and any applicable law, regulation or ordinance. Subject to all of the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Pool Player Perks Sites and Features and our Services solely as provided herein. You may download material displayed on the Pool Player Perks Sites and Features or in connection with the Services for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Pool Player PerksServices, Sites, and Features, including without limitation any text, images, audio, and video, for public or commercial purposes without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Pool Player Perks Sites and Features and our Services is not transferable. You acquire no rights or licenses in or to the Pool Player Perks Sites and Features and materials contained therein other than the limited right to access and utilize the Pool Player Perks Sites and Features and our Services in accordance with these Terms. If you are accessing the Pool Player Perks Sites and Features via any of our applications available via third parties (collectively “Third Party Outlets”), including without limitation Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms are entered into by and between you and the Company only, and that none of the Third Party Outlets are a party to these Terms. The Third Party Outlets are not sponsors to, nor are in any way affiliated with, any of the Company’s Promotions (defined below), any of our Services, or the Pool Player Perks Sites and Features.
If you sign up for a Pool Player Perks Feature or Service, you will use your mobile cell phone number as your unique Login ID (“Pool Player Perks User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Pool Player Perks User ID a name or mobile cell phone number that you don’t have the right to use or another person’s name with the intent to impersonate that person. If you access the Services through a Third Party Outlet, we may require that your Pool Player Perks User ID be the same as your user name on the Third Party Outlet, and you consent to have your Third Party Outlet account information transmitted into your Pool Player Perks account.
By using the Pool Player Perks Sites and Features or our Services, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by these Terms and any Additional Terms; (ii) shall use the Pool Player Perks Sites and Features and our Services only as permitted by these Terms and any Additional Terms, and not for any unlawful purpose; and (iii) are eighteen (18) years of age or older. If you are under the age of 18, you are not allowed to use the Pool Player Perks Sites and Features or our Services. Some offerings on the Pool Player Perks Sites and Features or our Services may be subject to additional age restrictions.
You acknowledge that the Pool Player PerksServices, Sites, and Features have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitute valuable intellectual property and trade secrets of the Company and others. It is our policy to protect and enforce these intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Pool Player Perks Sites and Features are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Pool Player Perks Sites and Features are also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Pool Player Perks Sites and Features or our Services for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent, Marks, or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions, Marks, and other materials included within the Pool Player Perks Sites and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
If you believe that any content, user-posted materials, or any other material found on or through the Pool Player Perks Sites and Features or our Services, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:
Written notices must be sent with subject line “DMCA Takedown Request”to: DMCA Notice,Pool Player Perks, 8525 Cottonwood St NW, Coon Rapids, MN, 55433
Each written notification must contain the following information to be deemed a valid notice:
We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
You agree that you will not engage in any activity that interferes with or disrupts the Pool Player Perks Sites and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the Pool Player Perks Sites and Features and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the Pool Player Perks Sites and Features and/or our Services, includingwithout limitation any Do’s and Don’ts or other guidelines posted on any of the Pool Player Perks Sites and Features. You agree to comply with the instructions set out in any robots.txt file present on the Pool Player Perks Sites and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the Pool Player Perks Sites and Features or our Services in order to:
– access (or attempt to access) any of our Services, Sites, or Features by any means other than through the interface that we provide;
– share a single Account with any person other than the registered Account holder;
– create and/or use multiple Accounts (i.e. only one Account is permitted per person);
– maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information;
– submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any Activities or any other use of the Pool Player Perks Sites and Features or our Services;
– post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
– post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion, whether on any Pool Player Perks Sites and Features or on any other web site or application;
– defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise act in an offensive or objectionable manner;
– upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or access to or functionality of the Community Pulse Sites and Features;
– violate the contractual, personal, intellectual property or other rights of any party, including without limitation using, uploading, transmitting, distributing, or otherwise making available any information made available through the Pool Player Perks Sites and Features or our Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
– attempt to obtain account information, passwords or other private information from other members;
– improperly use support channels or complaint buttons to make false or frivolous reports to the Company or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;
– develop, distribute, make use of, or publicly inform other members of: “auto” software programs, “macro” software programs, web crawlers or other script or “cheat utility” software programs or applications;
– share or distribute survey IDs, answers or other survey information, or otherwise coach or assist other members with regard to qualifying for or answering surveys;
– abuse any of our Services in a manner that does not reflect normal or appropriate human usage, such as conducting excessive searches or other Activities in our Rewards Programs for the sole or primary purpose of receiving cash, as we may determine in our sole discretion; or
– exploit, distribute or publicly inform other members of any error, miscue or bug (“Error”) that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity, including without limitation hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services. If you find an Error, we kindly request that you report it to our appropriate support team by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of any of the Pool Player Perks Sites, or by mail to:Pool Player Perks, 8525 Cottonwood St NW, Coon Rapids, MN, 55433
If we determine in our sole discretion that you have violated these Terms, the Company may, in its sole discretion, issue you a warning regarding the violation prior to terminating or suspending any or all Accounts you have created (or which are associated with you) using our Services. However, you acknowledge and agree that the Company need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the Pool Player Perks Sites and Features and our Services for any reason, at the Company’s sole and absolute discretion.
The Pool Player Perks Sites and Features and our Services may include communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Services users. The Company has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole and absolute discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
To the fullest extent permissible pursuant to applicable law, Pool Player Perks and its affiliates, licensors, and suppliers expressly disclaim any warranties, express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for any particular purpose, and non-infringement. Pool Player Perks and its affiliates, licensors, and suppliers do not warrant the data, content, analytics, features, or information provided through the Programs, including without limitation transaction data or user submissions or other data provided by other users, to be uninterrupted, accurate, useful, or free of errors, viruses, or other harmful components. You agree that your use of the Pool Player Perks Sites and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company, and its affiliates, partners, employees, and agents, provides all content on the Pool Player Perks Sites and Features and Services on an “as is” basis, without guarantees, warranties and representations, either express or implied, in connection with our Services, the Pool Player Perks Sites and Features and your use thereof, including without limitation implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the Pool Player Perks Sites and Sites, Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, nor inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Pool Player Perks Sites and Features or our Services, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our Pool Player Perks Sites and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Pool Player Perks Sites and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority. To the fullest extent permitted by applicable law, in no event will the Company, and each of its affiliates, partners, employees, agents, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, speculative, exemplary or consequential damages whatsoever, including without limitation any lost profits or revenues, lost business, lost data, or diminution in value arising from or related to the Program or your use of the Pool Player Perks Sites and Features, our Services or other materials or content on, accessed through or downloaded from our Services, whether based on warranty, contract, tort (including without limitation, negligence), or any other legal theory, and whether or not such damages were foreseeable and the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in all applicable jurisdictions. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree to indemnify, defend, and hold harmless the Company, and each of its affiliates, partners, employees, agents, from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Pool Player Perks Sites and Features or our Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the Pool Player Perks Sites and Features or our Services; and/or (v) any content you post or share on or through the Service. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms or any Additional Terms do not affect your legal relationship with these other companies or individuals. Any liability the Company may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at the Company’s sole option. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the Pool Player Perks Sites and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (ii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable
THE COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE FEATURES AND SERVICES YOU RECEIVED THROUGH THE SITES OR THROUGH THE COMPANY IN ANY WAY.
If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf ) (“Guidelines”). For example, if you have been paid or provided with free products in exchange for discussing or promoting a Pool Player Perks product or service, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Pool Player Perks services, you agree to comply with the Guidelines’ requirements for disclosing such relationships. You, and not Pool Player Perks, are solely responsible for any endorsements or testimonials you make regarding any product or service made on or through Pool Player Perks services.
11.Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, which can be accessed at: https://www.Pool Player Perksclub.com/, governs the processing of all personal data collected from you in connection with your purchase of Features or Services through the Sites.
Providing Notice of a Claim. A party who intends to bring a legal claim for loss or damages against the other must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notice to Pool Player Perks must be sent to our customer service address at: Pool Player Perks Dispute Resolution, Pool Player Perks,8525 Cottonwood St NW, Coon Rapids, MN, 55433Attention: Legal Department. The Notice must include: (1) the nature and basis of your dispute or claim; (2) identification or enclosure of all relevant documents and information; and (3) a description of the specific relief that you seek. The receiving party must make a good faith effort to resolve the Dispute or Claim within a reasonable time (at least 60 days). The parties agree to negotiate in good faith with each other to resolve the Dispute of Claim prior to instituting a formal action.
13.Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
The Services, Features, and Sitesare operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Yorkwithout giving effect to any choice or conflict of law provision or rule (whether of the State of New Yorkor any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
15.Dispute Resolution and Binding Arbitration
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
We reserve the right to make changes to these Terms from time to time in our sole discretion. Pool Player Perks may, but is not obligated to, give you notice when we make a material change to the Services that adversely affects you. If we decide to change these Terms, we will post those changes on the Pool Player Perks Sites and Features.
The Pool Player Perks Sites and Features are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Pool Player Perks Sites and Features are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Pool Player Perks Sites and Features are illegal is prohibited. You may not use the Pool Player Perks Sites and Features or export the content or products in violation of U.S. export laws and regulations. If you access Pool Player Perks Sites and Features from a location outside of the United States, you are responsible for compliance with all local laws and the laws of any other jurisdiction as applicable.
You are not permitted to download or use any of the Pool Player Perks Sites and Features or our Services, including making any purchases of products or services from the Company, if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation.
The Company’s failure to exercise or enforce any right or provision of these Terms or any Additional Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that (except as otherwise provided in Paragraph 11) the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision or the provision shall be deemed severable, and the other provisions of these Terms remain in full force and effect. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing signed by the party to be charged or as otherwise expressly provided herein. These Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You may not assign your rights or obligations hereunder without the Company’s prior written consent, and any such unauthorized assignment shall be null and void.
If you have any questions or concerns regarding these Terms or your use of any Pool Player Perks Sites and Features or our Services, please contact us by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of any of the Pool Player Perks Sites, or by mail to:Pool Player Perks, 8525 Cottonwood St NW, Coon Rapids, MN, 55433, Attention: Legal Department.
