By using the Site you unconditionally agree to the following terms and conditions (hereinafter, the "Terms of Use"). These Terms of Use are important and affect your legal rights, so please read them carefully.

PLEASE READ THE FOLLOWING TERMS OF USE, INCLUDING THE DISCLAIMER BELOW CAREFULLY BEFORE USING THE SITE, THESE TERMS OF USE ALSO INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

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If you do not agree to every provision of the Terms of Use, you may not access or use the Site.

By accepting these Terms of Use, you represent that you are 18 years of age or older and that, if you have accepted these Terms of Use on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to Prominence Pools if you or such person or entity violates these Terms of Use.

Prominence Pools reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

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License to Access and Use the Site
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Prominence Pools logo and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 6), other files and the selection and arrangement thereof (collectively, "Content") are the property of Prominence Pools or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.

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Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Prominence Pools or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

Intellectual Property

All Site design, materials, text, graphics, photos, videos, interfaces, and the selection and arrangements thereof (collectively, the "IP Content") are owned, controlled or licensed by Prominence Pools. You may access, view, print and download the Content, as allowed herein, subject to your compliance with the Terms of Use and for your personal, non-commercial use. Permission is granted to electronically copy and to print hard copy portions of the Site for the sole purpose of placing an order with Prominence Pools. You may not remove or modify any copyright, trademark or other proprietary notice contained in any content you us. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Prominence Pools is strictly prohibited.

Disclaimer
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMINENCE POOLS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PROMINENCE POOLS DOES NOT WARRANTY THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, PROMINENCE POOLS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. NOTHING IN THIS SECTION LIMITS THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF SUCH PRODUCT THAT IS SOLD TO USE THROUGH THE SITE.
Prominence Pools often obtains item photographs from third party vendors and/or manufacturers. We do not investigate to determine if information is accurate nor can we provide assurance that all data is free of typographical errors. We cannot guarantee information displayed on the Site to be 100% accurate.
Certain activities provided via the Site may be covered by U.S. Patent 5,930,474.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMINENCE POOLS OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PROMINENCE POOLS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PROMINENCE POOLS, OR FROM EVENTS BEYOND PROMINENCE POOLS REASONABLE CONTROL, SUCH AS REWARDS PROGRAM INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PROMINENCE POOLS RECORDS, PROGRAMS OR SYSTEMS). PROMINENCE POOLS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PROMINENCE POOLS ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO PROMINENCE POOLS FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PROMINENCE POOLS SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROMINENCE POOLS, ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE OR MISUSE OF THE SITE. YOU FURTHER AGREE THAT PROMINENCE POOLS SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD PARTY CLAIMS, UNLESS PROMINENCE POOLS EXERCISES ITS OPTION TO REQUIRE YOU TO DEFEND PROMINENCE POOLS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND PROMINENCE POOLS.

Payment Policies
You are responsible for, and agree to pay promptly, for all your purchases and charges to your account, including applicable taxes. In the event a check is returned or electronic payment is denied, Prominence Pools may impose a fee to cover the cost of any charges incurred by Prominence Pools. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Prominence Pools may incur in its efforts to collect any unpaid balances from you. If payment cannot be charged to your credit card or a payment is returned to for any reason, including chargeback. Prominence Pools reserves the right to suspend or terminate your access to the Site, including your customer account.

Suspension of Service
Prominence Pools may suspend or terminate your access to the Site at any time for any reason with or without notice to you. You are liable for any orders or charges you place prior to such termination.

Links to Other Websites
The Site may contain links to other websites maintained by third parties ("Third Party Sites"). We have not reviewed all of the websites linked to the Site and are not responsible for the content of any Third-Party Sites, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Prominence Pools provides links to Third Party Sites solely as a convenience to you and for no other purpose, and such links do not imply endorsement by Prominence Pools of the Third Party Sites. If you choose to access any Third Party Sites, you do so at your own risk and by accessing them you leave the Site. Prominence Pools does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation bout any Third Party Sites or their content. Your choice to access a Third-Party Site is at your own risk, and you agree to comply with all terms and conditions relating to such Third-Party Sites. Prominence Pools reserves the right not to link, or to remove the link, to a particular website at any time. Please review the privacy policy and conditions of use for all Third Party Sites you visit.

User Generated Content
Any content submitted to the Site, including all reviews, comments, communications and the like (herein known as "Comments"), become the property of Prominence Pools upon submission. By submitting the Comments, you acknowledge your legal rights to submit such information and agree to the assignment to Prominence Pools of all rights, titles and interest both in the United States and Internationally for all Copyrightable and intellectual properties in the Comments.
Once the Comments are submitted, Prominence Pools may use the Comments in any fashion it deems appropriate. By using the Comments, Prominence Pools is under no obligation to maintain any Comments in confidence, to compensate for any Comments, or to respond to the authors Comments. Further, you agree to not hold Prominence Pools liable for any costs and/or damage caused from instructions or recommendations from comments. Prominence Pools recommends any work be performed by a licensed professional and that product label directions always be followed. You agree that any Comments submitted by you to the Site will not violate the preceding sentence or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that all Comments submitted by you to the Site will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "SPAM".
Further, Prominence Pools reserves the right, though not the duty, to monitor and/or edit or remove any Comments submitted to the Site. You grant Prominence Pools the right to use your name (or alias), supplied at your submission in connection with any Comments. Since we may desire to respond on some Comments, you agree not to supply a false email address, impersonate any person or entity, or otherwise provide misleading information as to the origin of any Comments you submit.

Water Tests
The information contained in any water test analysis provided to you by Prominence Pools is provided solely as a courtesy by Prominence Pools to its customers. Prominence Pools makes every effort to provide accurate recommendations based upon current ANSI/PHTA standards, but codes and regulations change and Prominence Pools assumes no liability for any omissions or errors in this analysis or the outcome of any project. Further, the recommendations provided to you are based on the information provided by you about your pool and its equipment and such recommendations only relate to the specific products listed on the recommendation. You must always exercise reasonable caution, carefully read the label on all products, follow all product label directions, follow any current codes and regulations that may apply, and consult with a licensed professional if in doubt about any procedures. Prominence Pools assumes no legal responsibility for your reliance or interpretation of the data contained in any water test analysis and makes no representations or warranties of any kind concerning the quality, safety or suitability of the information, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PROMINENCE POOLS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
By using the Site, you hereby agree that all claims relating to your access or use of the Site, including all disputes arising out of, or related to any products or services purchase through the Site, will be resolved entirely through binding individual arbitration, rather than in court. You may assert individual claims in small claims court if such claim is within such small claims court's authority. The Federal Arbitration Act and federal arbitration law apply to this agreement.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. RIGHTS THAT YOU OR PROMINENCE POOLS MAY HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

To begin an arbitration proceeding, you must send a demand to the American Arbitration Association describing your claim and serve a copy of the demand on Prominence Pools registered agent: Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. The arbitration will be conducted by AAA under its rules, including AAA's Supplementary Procedures for Consumer-Related Disputes. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by AAA applicable rules. Prominence Pools will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines your claims are frivolous. Likewise, Prominence Pools will not seek attorneys' fees and costs in arbitration unless the arbitrator determine the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Discounts & Restrictions
Discounts cannot be combined with other offers and cannot be applied to previous purchases. Prices & offers are subject to change.

Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on the Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Indiana, without regard to principles of conflict of law, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Indiana.