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Terms of Service

1.AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Pool Nation, Inc. (“Company,” “we,” “us,” or “our”), a Texas corporation, concerning your access to and use of the www.poolnation.com website, as well as any other media form, media channel, mobile website, mobile application, platform, training environment, or online service related, linked, or otherwise connected thereto (collectively, the “Site”).

By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms, conditions, policies, or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to modify, update, or change these Terms of Use at any time and for any reason, without needing to provide individualized notice. The “Last Updated” date reflects the most recent revision. You waive any right to receive specific notice of such changes.

It is your responsibility to periodically review these Terms of Use to ensure you remain informed of updates. Your continued use of the Site after any revisions will constitute your acceptance of the updated Terms.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site

2.INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is the exclusive property of Pool Nation, Inc. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, digital products, calculators, training modules, scoring systems, course content, and any other materials available on or through the Site (collectively, the “Content”), and all trademarks, service marks, logos, product names, course names, event names, award names, competition branding, and other proprietary identifiers (collectively, the “Marks”) are owned or licensed by us.

The Content and Marks are protected by United States copyright, trademark, patent, trade secret, and other intellectual property and unfair competition laws, as well as international treaties.

The Content and Marks are provided “AS IS” for your personal, non-commercial use only. Except as expressly allowed, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, published, uploaded, posted, publicly displayed, translated, encoded, transmitted, distributed, sold, licensed, decompiled, reverse engineered, or otherwise exploited for any commercial purpose whatsoever without our prior written consent.

Provided that you are eligible to use the Site, we grant you a limited, non-transferable, non-sublicensable, revocable license to:

  1. access and use the Site; and
  2. download or print portions of the Content for your personal, non-commercial use only, unless otherwise permitted by a separate written agreement.

We reserve all rights not expressly granted to you.

3.USER REPRESENTATIONS

By accessing or using the Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of your information and update it promptly as necessary;
  3. you have the legal capacity and agree to comply with these Terms of Use;
  4. you are not a minor in your jurisdiction;
  5. you will not access the Site through automated or non-human means, such as bots or scripts;
  6. you will not use the Site for any illegal, fraudulent, or unauthorized purpose;
  7. your use of the Site will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, incomplete, or misleading, we reserve the right to suspend or terminate your account and refuse any current or future use of the Site.

4.USER REGISTRATION

You may be required to register an account to access certain features of the Site, including training modules, event registration, the Pool Nation Matrix, Pool Man University, competitions, or other digital platforms.

You agree to:

  1. keep your password confidential;
  2. take full responsibility for all activity under your account;
  3. notify us immediately of any unauthorized access or security breach.

We reserve the right to reclaim, remove, or modify a username that we determine, in our sole discretion, to be inappropriate, misleading, impersonating another person, infringing upon intellectual property, obscene, or otherwise objectionable.

5.PURCHASES, PAYMENTS, AND REFUND POLICY (ALL SALES FINAL)

5.1 Purchases and Payments

You agree to provide current, complete, and accurate purchase and account information for all transactions made via the Site, mobile application, or any Pool Nation event registration platform. You authorize us to charge your selected payment method for any purchases, subscriptions, event registrations, products, digital goods, or fees incurred by you.

We may correct pricing errors and refuse any order at our discretion.

5.2 All Sales Final – No Refunds

ALL SALES ARE FINAL. NO REFUNDS, CREDITS, TRANSFERS, OR EXCHANGES WILL BE PROVIDED FOR ANY REASON.

This applies to, without limitation:

  1. Pool Nation Conference tickets
  2. Pool Nation Awards tickets
  3. Pool Nation Women’s Summit tickets
  4. Pool Nation Boot Camps
  5. Pool Nation Championships or competitions
  6. Training classes and workshops
  7. Pool Man University access
  8. Matrix subscriptions or software access
  9. Digital downloads, calculators, tools, and educational content
  10. Certifications or online courses
  11. Sponsorship packages
  12. Vendor booth costs
  13. Advertising, magazine features, social media promotion
  14. Merchandise
  15. Any other Pool Nation product or service sold

No refund will be issued for reasons including:

  1. inability to attend;
  2. travel issues;
  3. dissatisfaction with training, content, or event experience;
  4. technical issues on your device;
  5. accidental purchase;
  6. weather or acts of God;
  7. unused or partially used service;
  8. schedule conflicts;
  9. changes in speakers, instructors, or agenda.

5.3 Transfers

We may, but are not required to, permit transfers of event tickets or registrations. All transfer decisions are final and at our sole discretion.

5.4 Chargebacks Strictly Prohibited

By purchasing, you agree to not initiate a chargeback.
Doing so may result in:

  1. immediate account termination;
  2. cancellation of event access and tickets;
  3. banning from future Pool Nation events;
  4. submission of evidence to the processor to dispute the chargeback;
  5. referral to collections;
  6. legal action to recover fees and associated damages.

5.5 Event Modifications or Cancellations

Pool Nation reserves the right to change:

  1. event dates,
  2. schedules,
  3. instructors,
  4. speakers,
  5. timing,
  6. venue,
  7. agenda,
  8. programming,
  9. hosts,
  10. competitions,
  11. or any other event component.

If Pool Nation cancels an event entirely, we may, at our sole discretion, issue a credit toward a future event.
We are not required to issue refunds.

6.SUBSCRIPTIONS AND AUTO-RENEWAL

Some Pool Nation platforms such as Pool Man University, Matrix, and other digital services operate on subscription models.

By enrolling in a subscription, you agree:

  1. your subscription automatically renews until canceled;
  2. recurring charges will be billed to your payment method at the then-current rate;
  3. you authorize all recurring charges;
  4. cancellation must occur prior to renewal to avoid future charges;
  5. cancellation stops future billing but does notentitle you to refunds for prior charges or unused time.

Pool Nation reserves the right to:

  1. modify subscription pricing
  2. add or remove features
  3. discontinue services

or reclassify membership tiers.

7.PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited actions include, but are not limited to:

  1. systematically retrieving data or Content to create collections, databases, or directories without our written permission;
  2. making unauthorized use of the Site, including collecting user information for unsolicited communications;
  3. using the Site to advertise or sell goods or services not affiliated with Pool Nation;
  4. circumventing or interfering with Site security features;
  5. engaging in unauthorized framing or linking;
  6. tricking, defrauding, or misleading Pool Nation or other users;
  7. misusing support services or submitting false reports;
  8. engaging in automated data collection (scraping, bots, etc.);
  9. interfering with the Site’s operation or imposing an unreasonable load on our systems;
  10. attempting to impersonate another person or entity;
  11. selling or transferring your account;
  12. using the Site to harm, harass, or threaten others;
  13. using the Site to compete with Pool Nation, including cloning features or content;
  14. reverse engineering, decompiling, or disassembling Site software;
  15. bypassing measures to restrict access;
  16. uploading harmful code such as viruses or malware;
  17. engaging in any unlawful or unauthorized activity.

Any prohibited activity may result in termination of access and potential legal action.

8.MOBILE APPLICATION LICENSE

8.1 Use License

If you access or download the Pool Nation mobile application, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the application strictly in compliance with these Terms.

8.2 Restrictions

You agree not to:

  1. modify, adapt, translate, or create derivative works of the app;
  2. reverse engineer, decompile, or attempt to extract source code;
  3. rent, lease, loan, resell, sublicense, or distribute the app;
  4. make the app available over a network permitting simultaneous use by multiple devices;
  5. violate laws or regulations using the app;
  6. attempt to gain unauthorized access to the app or its systems;
  7. remove or alter copyright or proprietary notices;
  8. use the app to develop a competing product or platform.

8.3 Apple and Google Terms

If you download the app from the Apple App Store or Google Play Store:

  1. the license granted is subject to those platforms’ terms;
  2. Apple and Google are third-party beneficiaries of this license;

they have the right to enforce these Terms as applicable.

9.SUBMISSIONS

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Submissions”) become our sole property.

You agree that:

  1. Submissions are non-confidential;
  2. we own all intellectual property rights in Submissions;
  3. we may use Submissions for any lawful purpose without acknowledgment or compensation;
  4. you waive all moral rights in Submissions;
  5. you warrant that you have the legal right to provide Submissions.

10.THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to third-party websites or content (“Third-Party Content”). We do not investigate, monitor, or check Third-Party Content for:

  1. accuracy,
  2. appropriateness,
  3. legality,
  4. reliability,
  5. or completeness.

You access Third-Party Content at your own risk.
We do not endorse or assume liability for:

  1. third-party products,
  2. services,
  3. websites,
  4. content,
  5. or interactions.

You agree to hold Pool Nation harmless from any harm or losses arising from third-party websites or content.

11.SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms of Use;
  2. Take appropriate legal actionagainst anyone who, in our sole discretion, violates the law or these Terms, including reporting such violators to law enforcement authorities;
  3. Refuse, restrict access to, limit the availability of, or disable(to the extent technologically feasible) any portion of the Site or Content for any reason or no reason;
  4. Remove or disable files or Contentthat, in our sole discretion, are excessive in size or burdensome to our systems;
  5. Manage the Sitein a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and all related services, features, and events.

We do not guarantee continuous or secure access to the Site, and the operation of the Site may be interfered with by numerous factors outside our control.

PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy located at: www.poolnation.com/privacy-policy

(Or such other URL we may designate from time to time.)

The Privacy Policy explains how we collect, use, store, share, and protect your information. It is incorporated by reference into these Terms.

12.1 International Users

If you access the Site from the European Union, Asia, or any other region of the world with data protection laws that differ from those in the United States:

  • you consent to the transfer of your data to the United States;
  • you consent to the processing of your data in the United States;
  • you acknowledge that U.S. laws may not offer the same level of data protection as your local jurisdiction.

12.2 Children’s Privacy

We do not knowingly collect or solicit information from children under 13.
If we learn that we have collected such information without verifiable parental consent, we will delete it as quickly as reasonably possible.

13.EVENT TERMS, TRAININGS, AND HANDS-ON PARTICIPATION

By registering for or attending any Pool Nation event—including but not limited to the Pool Nation Conference, Pool Nation Awards, Pool Nation Women’s Summit, Boot Camps, hands-on training sessions, Matrix events, competitions, or any live or virtual trainings—you agree to the following:

13.1 Assumption of Risk

Events may include activities involving:

  1. electrical wiring and automation equipment
  2. hand tools and power tools
  3. pumps, heaters, plumbing, filters, automation systems
  4. working with pool equipment
  5. handling chemicals or chemical-related materials
  6. mechanical components and moving parts
  7. ladders, outdoor conditions, and physical labor
  8. workshops requiring physical exertion
  9. live demonstrations

These activities involve inherent risks, including but not limited to:

  1. physical injury
  2. cuts, scrapes, or burns
  3. electrical shock
  4. chemical exposure
  5. equipment malfunction
  6. slips, trips, or falls
  7. health incidents
  8. property damage

You VOLUNTARILY ASSUME all risks associated with participation.

You understand and acknowledge that participation is entirely voluntary.

13.2 Liability Waiver

To the fullest extent permitted by law, you hereby release, discharge, and hold harmless Pool Nation, Inc., its owners, officers, directors, employees, instructors, volunteers, sponsors, vendors, equipment partners, and event hosts from any liability, claims, damages, losses, injuries, or expenses arising out of or related to:

  1. your participation in any event;
  2. your use of equipment, tools, or materials;
  3. actions or omissions of other participants;
  4. interactions with sponsors or vendors;
  5. transportation to and from the event;
  6. event conditions or facility conditions.

This waiver applies regardless of whether such damages arise from negligence (excluding gross negligence or willful misconduct) or otherwise.

13.3 Compliance with Safety Instructions

You agree to:

  1. follow all safety instructions,
  2. use equipment only as directed,
  3. wear required protective gear,
  4. refrain from hazardous behavior.

We may remove you from an event without refund if you fail to follow instructions or endanger others.

13.4 No Professional Advice

Training, education, calculators, water chemistry instruction, business advice, financial guidance, or any content provided at an event or on the Site is:

  1. for educational purposes only;
  2. not legal advice;
  3. not tax or accounting advice;
  4. not manufacturer-certified training;
  5. not a guarantee of compliance with local regulations.

You are solely responsible for applying the knowledge you gain.

13.5 No Guarantees

Pool Nation does not guarantee that participation in any event will result in:

  1. certification or licensure,
  2. employment outcomes, or
  3. increased business,
  4. financial improvement,
  5. skills mastery,
  6. specific performance results.

13A. POOL NATION AWARDS DISCLAIMER

The Pool Nation Awards (“Awards”) are determined solely by public voting. Pool Nation does not provide, offer, or permit any form of compensation, incentives, rewards, gifts, or benefits in exchange for nominations or votes.

All nominees are subject to eligibility verification, and Pool Nation reserves the right, in its sole discretion, to remove, reject, or disqualify any nomination or nominee that:

  1. does not meet the criteria of the applicable award category;
  2. contains inaccurate, misleading, fraudulent, or incomplete information;
  3. is inconsistent with the values, professionalism, integrity, or ethical standards of the pool industry;
  4. violates these Terms or any published Awards rules; or
  5. is submitted or promoted through improper, deceptive, or questionable voting methods.

Sponsor participation, advertising, financial support, partnerships, or exhibitor booth purchases have NO influence on nominee selection, category placement, voting results, or award outcomes.

Pool Nation reserves the right to modify categories, rules, eligibility criteria, voting procedures, or any part of the Awards process to maintain fairness, transparency, and integrity.

13.EVENT TERMS, TRAININGS, AND HANDS-ON PARTICIPATION

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy located at: www.poolnation.com/privacy-policy

(Or such other URL we may designate from time to time.)

The Privacy Policy explains how we collect, use, store, share, and protect your information. It is incorporated by reference into these Terms.

12.1 International Users

If you access the Site from the European Union, Asia, or any other region of the world with data protection laws that differ from those in the United States:

  • you consent to the transfer of your data to the United States;
  • you consent to the processing of your data in the United States;
  • you acknowledge that U.S. laws may not offer the same level of data protection as your local jurisdiction.

12.2 Children’s Privacy

We do not knowingly collect or solicit information from children under 13.
If we learn that we have collected such information without verifiable parental consent, we will delete it as quickly as reasonably possible.

14.PHOTO, VIDEO, AND AUDIO RELEASE

By attending any Pool Nation event or participating in any Pool Nation program, training, interview, podcast, or public activity, you grant Pool Nation an unrestricted, perpetual, worldwide, royalty-free license to:

  1. photograph, film, record, or capture your image, voice, likeness, and appearance;
  2. use the recordings in any media format, including social media, websites, publications, marketing, advertisements, educational platforms, livestreams, broadcasts, and promotional materials;
  3. modify, edit, reproduce, distribute, or display such materials without restriction;
  4. use your name, image, or likeness without compensation.

You waive any right to inspect, approve, or claim royalties from such materials, and you release Pool Nation from all related claims, including privacy violations or misattribution.

15.CODE OF CONDUCT AND RIGHT TO REMOVE

To ensure a safe and productive environment, Pool Nation maintains the following standards for all Site users and event participants.

15.1 Prohibited Conduct at Events

We may remove, refuse entry to, or eject any individual—without refund—for:

  1. harassment, bullying, or abusive conduct;
  2. discrimination or hateful language;
  3. intoxication or substance abuse;
  4. disruptive behavior;
  5. refusal to comply with staff instructions;
  6. unsafe use of tools or equipment;
  7. damage to property;
  8. threats or violence;
  9. illegal conduct.

15.2 Online Conduct

You may not:

  1. harass other users;
  2. impersonate others;
  3. post harmful, defamatory, or offensive content;
  4. attempt unauthorized access to accounts or systems.

15.3 Final Authority

Pool Nation reserves the right, at its sole discretion, to determine whether behavior violates these standards. All decisions are final and non-negotiable.

16.USER CONTENT AND DMCA COPYRIGHT POLICY

16.1 User-Generated Content

Users may submit content including photos, comments, nominations, business information, reviews, uploads, or other materials (“User Content”).

You warrant that:

  1. you own or have rights to all submitted content;
  2. your content does not infringe any third-party rights;
  3. your content does not violate any laws;
  4. your content is not defamatory, obscene, harassing, or harmful.

You grant Pool Nation a perpetual, irrevocable, worldwide, royalty-free, transferable license to:

  1. use, reproduce, distribute, publish, display, and perform your content;
  2. adapt, modify, or create derivative works;
  3. use your content for marketing, promotional, editorial, and any other lawful purposes.

16.2 License Waiver

You waive all moral rights and agree that Pool Nation has no obligation to:

  1. compensate you;
  2. maintain your content confidentially;
  3. provide attributions.

16.3 DMCA Notice Procedure

If you believe that content on the Site infringes your copyright, send a DMCA-compliant notice to:

Support@PoolNation.com

Your notice must include:

  1. identification of the copyrighted work;
  2. identification of the infringing material;
  3. your contact information;
  4. a good-faith statement of belief;
  5. a statement under penalty of perjury that your claim is accurate;
  6. your physical or electronic signature.

We may remove content or terminate accounts of repeat infringers

17.NO GUARANTEES AND RESULTS DISCLAIMER

Pool Nation makes no guarantees regarding:

  1. business profitability or growth;
  2. accuracy or completeness of training;
  3. financial or business outcomes;
  4. licensing, certification, or credentialing success;
  5. effectiveness of calculators, tools, or software;
  6. user performance or professional skill development.

All information, training, tools, metrics, and content are provided “AS IS” and are for educational purposes only.

You are solely responsible for evaluating and applying any information obtained.

18.TERM AND TERMINATION

We reserve the right, in our sole discretion, to:

  1. deny access to and use of the Site;
  2. block IP addresses;
  3. terminate accounts;
  4. remove content;
  5. restrict functionality;
  6. deny event participation;
  7. suspend services or subscriptions.

We may terminate your access without notice for any reason, including but not limited to:

  1. violation of these Terms;
  2. fraudulent activity;
  3. harmful behavior;
  4. legal compliance requirements.

Upon termination:

  1. your right to use the Site ceases immediately;
  2. you remain responsible for all outstanding obligations;

no refunds will be issued.

19.MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, suspend, or discontinue the Site or any part thereof at any time without notice.

We will not be liable to you for:

  1. downtime or interruptions;
  2. loss of data;
  3. inability to access the Site;
  4. delays, errors, or malfunctions;
  5. discontinuation of features or services.

You acknowledge that:

  1. maintenance, updates, or technical issues may disrupt service;

we are not obligated to provide support, fixes, or updates.

20.GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

You agree that any dispute arising under these Terms shall be governed by Texas law regardless of your location.

21.DISPUTE RESOLUTION

21.1 Informal Negotiations

Before initiating arbitration or litigation, the parties agree to attempt to resolve disputes informally for at least thirty (30) days.
You must contact us at:

Support@PoolNation.com
Subject Line: LEGAL DISPUTE – TERMS OF USE

We will attempt to resolve the issue through good-faith negotiation.

21.2 Binding Arbitration

If informal negotiations fail, any dispute arising out of or related to these Terms, the Site, events, transactions, purchases, services, digital products, software, or any interaction with Pool Nation shall be resolved exclusively through binding arbitration.

You acknowledge that BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.

Arbitration shall be conducted:

  1. in Collin County, Texas,
  2. before a single arbitrator,
  3. under the rules of the American Arbitration Association (“AAA”),
  4. under the AAA Commercial Arbitration Rules or Consumer Arbitration Rules as applicable.

The arbitrator has exclusive authority to resolve any dispute regarding the enforceability or interpretation of this arbitration agreement.

21.3 Arbitration Process

The arbitration may be conducted:

  1. in person,
  2. through submission of documents,
  3. by telephone,
  4. or online,

at the discretion of the arbitrator and based on the nature of the dispute.

All arbitration costs shall be governed by the AAA rules.

Any award rendered by the arbitrator shall be final and binding. Judgment on the award may be entered in any court with jurisdiction.

21.4 Restrictions

To the fullest extent permitted by law:

  1. arbitration shall be conducted only on an individual basis;
  2. class actions are not permitted;
  3. no right exists to join or consolidate claims;
  4. no representative or collective proceedings are allowed.

21.5 Exceptions to Arbitration

The following are exempt from mandatory arbitration:

  1. claims related to the enforcement or validity of intellectual property rights;
  2. claims of theft, piracy, or unauthorized use of Pool Nation’s Content, trademarks, or digital services;
  3. claims seeking injunctive relief;
  4. matters where arbitration is legally prohibited.

Such claims may be litigated in the state or federal courts of Collin County, Texas, and both parties consent to that jurisdiction.

21.6 Time Limitation

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST BE FILED WITHIN ONE (1) YEAR
after the cause of action accrues.
Otherwise, the claim is permanently barred

22.CORRECTIONS

There may be information on the Site, in event materials, digital content, training modules, or other published content that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, or policies.

We reserve the right to correct:

  1. errors,
  2. inaccuracies,
  3. omissions,

and to update or change information at any time without notice.

We do not warrant the completeness or accuracy of any Content.

23.DISCLAIMER

THE SITE, ALL CONTENT, TOOLS, TRAINING, VIDEOS, CALCULATORS, COURSES, EVENTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
YOU AGREE THAT YOUR USE OF THE SITE AND ANY POOL NATION SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY,
  • FITNESS FOR A PARTICULAR PURPOSE,
  • NON-INFRINGEMENT,
  • ACCURACY,
  • COMPLETENESS,
  • OR RELIABILITY OF RESULTS.

WE MAKE NO WARRANTIES REGARDING:

  1. errors or inaccuracies in content;
  2. personal injury or property damage from participation in events or use of training;
  3. unauthorized access to servers or personal data;
  4. interruption or cessation of transmission;
  5. malware transmitted through the Site by third parties;
  6. errors or omissions in any content;
  7. content posted by users or third parties;
  8. third-party products, services, or content.

POOL NATION IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

USE CAUTION AND GOOD JUDGMENT WHEN ENGAGING WITH CONTENT, SERVICES, OR TRAINING OFFERED THROUGH THE SITE.

24.LIMITATION OF LIABILITY

IN NO EVENT WILL POOL NATION, INC., ITS DIRECTORS, EMPLOYEES, OWNERS, INSTRUCTORS, AGENTS, SPONSORS, PARTNERS, CONTRACTORS, AFFILIATES, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  1. LOST PROFITS,
  2. LOST REVENUE,
  3. LOSS OF DATA,
  4. LOSS OF BUSINESS,
  5. BUSINESS INTERRUPTION,
  6. DIMINUTION OF VALUE,
  7. PERSONAL INJURY,
  8. PROPERTY DAMAGE,
  9. LOSS ARISING FROM TRAINING OR WORK PERFORMED BASED ON POOL NATION CONTENT,
  10. OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVENTS, TRAININGS, SOFTWARE, OR SERVICES,
    EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING CONTRARY HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER SHALL NOT EXCEED THE LESSER OF:

  1. THE TOTAL AMOUNT PAID BY YOU TO POOL NATION DURING THE SIX (6) MONTHSIMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
  2. FIFTY U.S. DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN DAMAGES. IF THOSE LAWS APPLY, SOME LIMITATIONS MAY NOT APPLY TO YOU.

25.INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Pool Nation, Inc., its officers, directors, employees, contractors, affiliates, licensors, sponsors, vendors, and agents from and against any and all losses, claims, liabilities, damages, demands, or expenses (including reasonable attorneys’ fees) arising from or in connection with:

  1. your use of the Site or participation in any Pool Nation event, training, competition, summit, or activity;
  2. your breach of these Terms;
  3. your violation of any law, rule, or regulation;
  4. your infringement of any third-party rights, including but not limited to intellectual property, privacy, or publicity rights;
  5. any content you submit, post, or transmit;
  6. your negligent, reckless, harmful, or intentional misconduct;
  7. any claim or dispute between you and any third party arising from your use of Pool Nation’s platforms or events.

Pool Nation reserves the right—but not the obligation—to assume the exclusive defense and control of any matter subject to indemnification.
You agree to cooperate fully in our defense of any such matter.

26.USER DATA

We will maintain certain data that you transmit to the Site for purposes of Site performance, analytics, and operations.
We also maintain data related to your use of:

  1. training modules,
  2. LMS access,
  3. Matrix subscriptions,
  4. event registrations,
  5. and competitions.

Although we perform routine data backups, you are solely responsible for all data you transmit and for keeping backups of your own data.

We are not liable for any loss or corruption of data, and you waive the right to bring action against us for loss, corruption, or inaccessibility of data.

27.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Site, emailing us, filling out forms, completing registrations, or purchasing products, you consent to electronic communications.

You agree that:

  1. electronic signatures,
  2. electronic agreements,
  3. electronic records,
  4. electronic notices,
  5. and electronic approvals

satisfy any legal requirement that such communications be in writing or signed.

You waive any right to require original signatures, non-electronic records, or non-electronic payments.

28.CALIFORNIA USERS AND RESIDENTS

If you are a California resident and wish to file a complaint, you may contact:

California Department of Consumer Affairs
Consumer Information Division
1625 North Market Boulevard, Suite N-112
Sacramento, CA 95834
Phone: (800) 952-5210
Fax: (916) 574-8676
Website: www.dca.ca.gov

29.MISCELLANEOUS

29.1 Entire Agreement

These Terms constitute the entire agreement between you and Pool Nation.

29.2 Waiver

Failure to enforce any provision does not waive the right to enforce it later.

29.3 Severability

If any provision is found unlawful or unenforceable, the remaining provisions remain valid and enforceable.

29.4 No Joint Venture

No partnership, joint venture, employment, or agency relationship exists between you and Pool Nation as a result of these Terms or your use of the Site.

29.5 Assignment

We may assign our rights and obligations at any time. You may not assign your rights without our written consent.

29.6 No Contra Proferentem

These Terms shall not be construed against Pool Nation on the basis that we drafted them.

29.7 Notice

You agree that notices posted on the Site constitute sufficient legal notice.

30.CONTACT US

If you have questions regarding these Terms or need assistance, contact us at:

Pool Nation, Inc.
401 Fawn Mist Dr.
Prosper, Texas 75078
Phone: (972)565-5750
Email: Support@PoolNation.com

Pool Nation Awards

  • Kay Bailey Convention Center, Ballroom D
  • 06:00 PM

Hasa After Party

  • 10:00 PM to 01:00 AM
  • Union Station Wolfgang Puck

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