The material contained within this site is intended for residents of the United States and Canada only and shall only be construed and evaluated according to U.S. and Canadian law. This material is void outside the United States or Canada, and where prohibited by law or regulation. Do not proceed to view this site if you are not a legal resident of the United States or Canada.
Any changes to this Agreement will be effective immediately upon notice, which may be provided to you by display on the Site (hereinafter, “Notice”). Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. The Site, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site will be subject to this Agreement. You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet.
YOUR INFORMATION AND YOUR PRIVACY
You are responsible for any and all Content that you send to us. You may not use the Site or any information that you get from the Site to: interfere with any other user’s use of the Site; conduct any unlawful activity; intentionally solicit or harm minors in any way; misrepresent your own identity or any affiliation that you may have; modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; alter or remove any copyright, trademark or other proprietary rights notices; “frame”, “mirror” or “deep link” any part of the Site without our prior written authorization; or link to any page within the Site from any website or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.
Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of PPL Aquatic, Fitness and Spa Group Inc. You agree that PPL Aquatic, Fitness and Spa Group Inc. or any of its affiliates, in whole or in part, may use any submissions, for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that PPL Aquatic, Fitness and Spa Group Inc. is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material.
We may provide links to third party websites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we do not have any control over third party websites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any content, found on such third party websites or resources.
The Company makes no representation that the Site is appropriate or available for use outside of the United States or Canada. If you choose to access the Site from such other locations, you do so at your own initiative and risk and are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. We reserve the right, in our sole discretion, to limit the availability of the Site to any person, geographic area or jurisdiction at any time.
TERMINATION AND MODIFICATION
At any time and for any reason, we may terminate your use of and access to the Site. At any time and for any reason, we may modify or discontinue providing the Site, or any part thereof, with or without notice to you. No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or our termination of your access to the Site.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site, you expressly agree that: The Site is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not make any warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) any errors in the Site will be corrected.
Your use of the Site is at your sole risk. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site. The Company must approve any additional warranties in writing.
You agree not to hold us or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from: your inability to access your registration data at any time; your use or inability to use the Site; unauthorized access to or alteration of your transmissions or data; or the acts of any third party related to the Site. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of: your acts or omissions in connection with the Site; your breach of any provision of this Agreement; any allegation that any materials that you submit to us, transmit to the Site or transmit through the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your violation of the rights of any third party. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or any Content, on any media or for any purpose whatsoever. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any software portions of the Site to a human-readable form. You may not transfer any portion of the Site to any third party. PPL Aquatic, Fitness and Spa Group Inc., our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of PPL Aquatic, Fitness and Spa Group Inc.
The trademarks, service marks, and logos (“Trademarks”) used and displayed on this website are registered and unregistered Trademarks of PPL Aquatic, Fitness and Spa Group Inc. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website, without the written permission of PPL Aquatic, Fitness and Spa Group Inc. PPL Aquatic, Fitness and Spa Group Inc. aggressively enforces its intellectual property rights to the fullest extent of the law.
OUR PROPRIETARY RIGHTS
The Site and software used with the Site contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, “Intellectual Property Laws”). In addition, the Content contained within the Site in sponsor advertisements, in information presented to you through the Site or in information presented to you by advertisers is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, unless authorized by us, in writing, to do so.
Although we attempt to maintain the integrity of the Site, we make no guarantee as to the accuracy or completeness of the Site. Information on this website is provided "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, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. PPL Aquatic, Fitness and Spa Group Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. PPL Aquatic, Fitness and Spa Group Inc. makes no representations whatsoever about any other website which you may access through this one.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PPL Aquatic, Fitness and Spa Group Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PPL Aquatic, Fitness and Spa Group Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement