Your privacy on the Internet is important to us. We have created this Policy in order to demonstrate our firm commitment to your privacy. As part of the operations of Zodiac, we gather certain types of information about Zodiac Websites' users. This Zodiac Policy explains the types of information we gather, what we do with it and how you may correct or change information that Zodiac may collect.
Information Collected by Zodiac
Zodiac collects two types of information about users: personal information (such as name, home address, phone number and email addresses) and aggregate information (such as information about how many users log on to our website on a daily basis).
Personal Information: Personal information is collected when users voluntarily provide feedback, request a dealer, or ask questions through the Zodiac Websites. Personal information includes names and email addresses and any other user data that may be collected. We may also receive email addresses from users who send us support mail or request technical or other help. This information enables Zodiac to improve the Zodiac Websites to make your online visits more productive and enjoyable.
Aggregate Information: One method of collecting aggregate information about your activities online is by tracking Internet Protocol addresses ("IP Address"). An IP Address is a number that is automatically assigned to your computer whenever you surf the World Wide Web. The computers that deliver web pages to you automatically identify your computer by its IP Address. When you request a page from the Zodiac Websites, our servers log your IP Address. The Zodiac Websites may record IP Addresses for the purpose of system administration and to track the volume of use on our website. We may also use your IP Address to help diagnose problems with our server and to administer our website. In addition, your IP address may be used to help identify you and to gather broad demographic information.
Sharing Data with Third Parties
Zodiac may share personal information with consultants and affiliates for internal business purposes. Zodiac may also divulge personal information if such information is subpoenaed, or if Zodiac believes that the Zodiac Websites have been used to commit unlawful acts, or acts that may endanger the health or safety of another user or of the general public. Zodiac does not sell, transfer or disclose personal information to third parties without your permission. Customers and website users that submit their personal information for the purpose of seeking a pool professional in their area have given Zodiac the authority to disclose this information to a third party for the purposes and/or services sought. Communication to or from the Zodiac Websites should not be considered confidential.
Zodiac reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Zodiac to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, Zodiac cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. Under no circumstances shall Zodiac be liable for any special, incidental or consequential damages that result from the use of the information or materials on the Zodiac Websites, including but not limited to negligence, even if Zodiac or an authorized representative of Zodiac, has been advised of the possibility of such damages.
Zodiac Marine & Pool
Attn: Legal Department
2620 Commerce Way
Vista, CA 92081
All information on Zodiac Websites (as defined in the Terms and Conditions of Use), including but not limited to the information regarding third-party pool builders, and other professionals referred to on the Zodiac Websites (together, "Pool Professionals"), has been compiled from sources deemed to be reliable and, while in no way guaranteed, is believed to be factual and accurate. Any referral of Pool Professionals is not intended to affect their individual reputations in anyway, but rather, is furnished solely to assist you in exercising your own judgment in selecting a contractor. You acknowledge sole responsibility for, and assume all risk arising from, your use of the information contained on the Zodiac Websites regarding Pool Professionals, and your actual use of any such Pool Professionals.
As a matter of policy, Zodiac, and any of its related, affiliated or subsidiary companies, does not endorse and does not make any representations regarding any third-party product, service, or company. The information or services provided through any link or by any third-party is not verified, fact-checked, or tested by Zodiac. Zodiac does not guarantee the accuracy of the information found on the Zodiac Website, and further disclaims all liability or responsibility for injury or impairment experienced by any users who utilize any products, information, or concepts. Zodiac makes no representation or warranty of any kind with respect to this site, service or any Pool Professional accessible through this site. Zodiac expressly disclaims all express and implied warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event will Zodiac be liable to any party or person for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs, or data) without regard to the form of action and whether in contract, tort, negligence, strict liability or otherwise, arising out of or in connection with this site, any Pool Professional found on this site, any content on or accessed through this site, or any site service linked to, or any copying, displaying, or use thereof.
BEFORE HIRING ANY CONTRACTOR AND FOR YOUR OWN PERSONAL PROTECTION, YOU SHOULD VERIFY THE STATUS OF THEIR LICENSE, REQUEST CERTIFICATES OF INSURANCE, VERIFY REFERENCES, AND BE SURE THAT YOUR AGREEMENT AND PAYMENT SCHEDULES ARE IN WRITING.
Zodiac assumes no responsibility for any and all liabilities, losses, expenses, liens, claims, demands, or causes of action (collectively, "Losses") that arise from any referral or information taken from the Zodiac Website regarding Pool Professionals. Referrals provided by the Zodiac Website are based solely on informal information gathering, not upon an expert review of specific abilities or knowledge. Pool Professionals listed on the Zodiac Website are in no way authorized by Zodiac and are not employees, representatives, or subsidiaries of Zodiac.
Many Zodiac products must be installed and serviced by a Pool Professional. The procedures for installation, provided with each individual product, must be followed exactly. Improper installation and/or operation can create dangerous conditions which can cause serious injury, property damage, or death. Zodiac is not responsible for any losses or damages caused by improper installation and/or operation. Improper installation and/or operation by you, a Pool Professional, or any other person will also void any warranties. Before having any Zodiac product installed, read and follow all warning notices and instructions that accompany each product.
The information provided on the Zodiac Website is free of charge and for informational purposes only and does not create any relationship between you and Zodiac or any of its officers, shareholders, owners, employees, affiliates, or representatives. Access to manuals, guides, data sheets, or other product information does not create a relationship of any kind.
Any use you make of this site, or any site or service linked to by this site, is done so at your own risk.
Specific questions regarding this disclaimer, or any other legal matters, should be directed to:
Zodiac Marine & Pool
Attn: Legal Department
2620 Commerce Way
Vista, CA 92081
This Zodiac Marine & Pool User Agreement (the "User Agreement") sets forth the terms and conditions which apply to your use of the Zodiac Websites (defined below). By using the Zodiac Websites, you agree to the terms of this User Agreement just as if you had signed the User Agreement. If you do not agree to the terms and conditions contained herein, you should terminate use of the Zodiac Websites immediately.
Zodiac Marine & Pool or any of its related, affiliated or subsidiary companies, (together, "Zodiac"), reserves the right to modify or amend the User Agreement at any time without prior notice. By accessing the Zodiac Websites you signify your agreement to this User Agreement as it has been modified or amended.
Restrictions on Use
Material from www.zodiac.com and other websites owned, operated, licensed, or controlled by Zodiac, its related, affiliated or subsidiary companies (together, the "Zodiac Websites"), may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without prior written consent of Zodiac.
EXCEPTIONS: Product sell sheets, brochures, and manuals may be downloaded for their intended use, provided that you do not delete or change any copyright, trademark or other proprietary information or notices. Modification or use of the materials for any other purpose violates Zodiac's intellectual property rights.
The material on this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Zodiac. Neither title nor intellectual property rights are transferred to you, but remain with Zodiac, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to any human perceivable form.
It is a condition of your use of the Zodiac Websites that you do not: (i) restrict or inhibit any other user from using and enjoying the Zodiac Websites; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, nation, or international law; (iii) post or transmit comments containing harassing or offensive language; (iv) post or transmit any information, software, or other material which is an invasion of privacy or publicity rights or which is protected copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities; (vii) post, transmit, or in any way exploit any information, software, or other material for commercial purposes or which contains advertising; (viii) solicit other users to join, become members of, or contribute money to any online service or organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; and (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.
Products and Services
The Zodiac Websites may contain links to other Internet sites on the World Wide Web. Zodiac provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Zodiac Websites. Links from the Zodiac Websites to any other website do not mean that Zodiac approves of, endorses, or recommends that website. Zodiac disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. Zodiac specifically disclaims any responsibility if such sites: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete, or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.
The products and services on the Zodiac Websites may not be available for purchase and/or use in your particular country or locality. The reference to such products and services on the Zodiac Websites does not imply or warrant that these products or services will be available at any time in your particular location. You should check with a local Zodiac authorized representative for the availability of specific products and services in your area.
Limitation of Liability
Zodiac makes no guarantee of the availability of the Zodiac Websites and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Zodiac Websites at any time. IN NO EVENT WILL ZODIAC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ZODIAC WEBSITES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ZODIAC'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE ZODIAC WEBSITES FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
You agree to defend, indemnify and hold harmless Zodiac, its affiliates and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) any misrepresentation made by you in connection with your use of the Zodiac Websites, (iii) any non compliance by you with the terms and conditions of this User Agreement, and (iv) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Zodiac Websites, including information obtained through any offered services, sell sheets, brochures or manuals.
Trademarks and Other Proprietary Information
All trademarks and trade names used on the Zodiac Websites are owned by Zodiac or our affiliated companies. The copying, redistribution, use or publication by you of any of our marks, except as expressly agreed to in writing by Zodiac, is strictly prohibited.
The formation, construction and interpretation of this User Agreement shall be controlled by the laws of the State of California, U.S.A., exclusive of its conflict of law provisions. The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.
Zodiac or you may terminate this agreement at any time. You may terminate this agreement by destroying: (i) all materials obtained from all Zodiac Websites, and (ii) all related documentation, copies and installations. Zodiac may terminate this agreement immediately without notice if, in its sole discretion, you breach any term or condition of this agreement. Upon termination, you must destroy all materials in any way related to or taken from the Zodiac Websites.
Any correspondence or questions should be mailed to:
Zodiac Marine & Pool
Attn: Legal Department
2620 Commerce Way
Vista, CA 92081