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TERMS OF SERVICE AGREEMENT
Last Updated: 04/01/2024.

PLEASE READ THE FOLLOWING TERMS OF SERVICE

AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR

WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE

TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL

TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE

RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR

PROSPECTIVE CUSTOMER TO READ THE TERMS AND

CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO

NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND

CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE

OR OUR SERVICES.

The present terms and conditions (this "Agreement" or "Terms") is a legal agreement

between you and Gulf2Bay Pool And Spa (hereinafter "Gulf2Bay Pools"), a company duly

organized and validly existing, located at 5386 Gulf Dr, Holmes Beach, Florida 34217. This

Agreement annuls and voids all previous agreements.

OVERVIEW

The Site (www.gulf2baypools.com) is operated by Gulf2Bay Pools. Throughout the Site, the

terms "we", "us" and "our" refer to Gulf2Bay Pools. Gulf2Bay Pools offers this Site,

including all information, tools and services available from this Site to you, the user,

conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our "Service" and

agree to be bound by the following terms and conditions, including those additional terms and

conditions and policies referenced herein and/or available by hyperlink. These Terms apply to

all users of the Site, including without limitation users who are browsers, vendors, customers,

merchants, and/or contributors of content. In the event of an inconsistency between this

Agreement and any additional terms or policies referenced herein, the provisions of the

additional terms or policies shall control.

Please read these Terms carefully before accessing or using our Site. By accessing or using

any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms

of this Agreement, then you may not access the Site or use any Service. If these Terms are

considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the

Terms. You can review the most current version of the Terms at any time on this page. We

reserve the right to update, change or replace any part of these Terms by posting updates and/

or changes to our Site. It is your responsibility to check this page periodically for changes.

Your continued use of or access to the Site following the posting of any changes constitutes

acceptance of those changes.

SECTION 1 - GENERAL TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state

or province of residence, or that you are the age of majority in your state or province of

residence and you have given us your consent to allow any of your minor dependents to use

this Site.

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in

the use of our products or Site, violate any laws in your jurisdiction (including but not limited

to motor vehicle laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your

account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole

discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Site;

2. Change, suspend or discontinue all or any part of our products or Site;

3. Refuse, move, or remove any content that is available on all or any part of our Site;

4. Deactivate or delete your accounts;

5. Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Site may include communications such as service

announcements and administrative or legal notices from us. Please note that you cannot opt

out of receiving these notices.

You understand that your content (not including credit card information), may be transferred

unencrypted and involve (a) transmissions over various networks; and (b) changes to conform

and adapt to technical requirements of connecting networks or devices. Credit card

information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use

of the Site, or access to the Site or any contact on the Site, without express written permission

by us.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale,

create derivative works, or in any way exploit any of the content, in whole or in part, found on

the Site. Gulf2Bay Pools content is not for resale. Use of the Site does not entitle users to

make any unauthorized use of any protected content, and in particular you will not delete or

alter any proprietary rights or attribution notices in any content. You will use protected content

solely for your personal use, and will make no other use of the content without the express

written permission of Gulf2Bay Pools and the copyright owner. You agree that you do not

acquire any ownership rights in any protected content. We do not grant you any licenses,

express or implied, to the intellectual property of Gulf2Bay Pools or our licensors except as

expressly authorized by these Terms.

SECTION 2 - CREATING AN ACCOUNT

Once you create an account with us, you are registered on the Gulf2Bay Pools Site. The terms

"member," "membership," and "account" all refer to this registration as a member on

Gulf2Bay Pools's Site. If you are merely surfing or browsing through the Site and have not yet

created an account, your use of the Site is still subject to this Agreement; if you do not agree to

this Agreement, do not use the Site.

When you create an account, you will provide a unique username and email. We will also ask

you to create a password. Because any activities that occur under your username or password

are your responsibility it is important for you to keep your username and/or password secure.

You may not assign or otherwise transfer your account to any other person or entity. You

acknowledge that Gulf2Bay Pools is not responsible for third party access to your account that

results from theft or misappropriation of your account. Notify us immediately if you believe

that someone has used your username, email, or password without your authorization.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as

may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort

to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete

nature, Gulf2Bay Pool And Spa will have sufficient grounds and rights to suspend or terminate

the member in violation of this aspect of the Agreement, and as such refuse any and all current

or future use of Gulf2Bay Pool And Spa Services, or any portion thereof.

SECTION 3 - CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all

information, text, software, data, photographs, music, video, messages, tags or any other

content, whether it is publicly or privately posted and/or transmitted, is the expressed sole

responsibility of the individual from whom the content originated. In short, this means that

you are solely responsible for any and all content posted, uploaded, emailed, transmitted or

otherwise made available by way of the Gulf2Bay Pools Services, and as such, we do not

guarantee the accuracy, integrity or quality of such content. It is expressly understood that by

use of our Services, you may be exposed to content including, but not limited to, any errors or

omissions in any content posted, and/or any loss or damage of any kind incurred as a result of

the use of any content posted, emailed, transmitted or otherwise made available by Gulf2Bay

Pools.

Furthermore, you herein agree not to make use of Gulf2Bay Pool And Spa's Services for the

purpose of:

a) uploading, posting, emailing, transmitting, or otherwise making available any

content that shall be deemed unlawful, harmful, threatening, abusive, harassing,

tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or

which is hateful, and/or racially, ethnically, or otherwise objectionable;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any Gulf2Bay

Pools officials, forum leaders, guides or hosts or falsely stating or otherwise

misrepresenting any affiliation with an individual or entity;

d) forging captions, headings or titles or otherwise offering any content that you

personally have no right to pursuant to any law nor having any contractual or fiduciary

relationship with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content

that may infringe upon any patent, copyright, trademark, or any other proprietary or

intellectual rights of any other party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you

do not personally have any right to offer pursuant to any law or in accordance with any

contractual or fiduciary relationship;

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or

unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of

solicitation, except in any such areas that may have been designated for such purpose;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that

may contain a software virus or other computer code, any files and/or programs which

have been designed to interfere, destroy and/or limit the operation of any computer

software, hardware, or telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that

would negatively affect other users' ability to participate in any real time interactions;

j) interfering with or disrupting any Gulf2Bay Pool And Spa Services, servers and/or

networks that may be connected or related to our website, including, but not limited to,

the use of any device software and/or routine to bypass the robot exclusion headers;

k) intentionally or unintentionally violating any local, state, federal, national or

international law, including, but not limited to, rules, guidelines, and/or regulations

decreed by the U.S. Securities and Exchange Commission, in addition to any rules of

any nation or other securities exchange, that would include without limitation, the New

York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any

regulations having the force of law;

l) providing informational support or resources, concealing and/or disguising the

character, location, and or source to any organization delegated by the United States

government as a "foreign terrorist organization" in accordance to Section 219 of the

Immigration Nationality Act;

m) "stalking" or with the intent to otherwise harass another individual; and/or

n) collecting or storing of any personal data relating to any other member or user in

connection with the prohibited conduct and/or activities which have been set forth in

the aforementioned paragraphs.

Gulf2Bay Pool And Spa herein reserves the right to pre-screen, refuse and/or delete any

content currently available through our Services. In addition, we reserve the right to remove

and/or delete any such content that would violate the Terms or which would otherwise be

considered offensive to other visitors, users and/or members.

Gulf2Bay Pool And Spa herein reserves the right to access, preserve and/or disclose member

account information and/or content if it is requested to do so by law or in good faith belief that

any such action is deemed reasonably necessary for:

a) compliance with any legal process;

b) enforcement of the Terms;

c) responding to any claim that therein contained content is in violation of the rights of

any third party;

d) responding to requests for customer service; or

e) protecting the rights, property or the personal safety of Gulf2Bay Pool And Spa, its

visitors, users and members, including the general public.

Gulf2Bay Pool And Spa herein reserves the right to include the use of security components

that may permit digital information or material to be protected, and that such use of

information and/or material is subject to usage guidelines and regulations established by

Gulf2Bay Pool And Spa or any other content providers supplying content services to

Gulf2Bay Pool And Spa. You are hereby prohibited from making any attempt to override or

circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized

reproduction, publication, distribution, or exhibition of any information or materials supplied

by our Services, despite whether done so in whole or in part, is expressly prohibited.

SECTION 4 - GLOBAL USE; EXPORT/IMPORT

COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to

comply with all local rules relating to online conduct and that which is considered acceptable

content. Uploading, posting and/or transferring of software, technology and other technical

data may be subject to the export and import laws of the United States and possibly other

countries. Through the use of our network, you thus agree to comply with all applicable export

and import laws, statutes and regulations, including, but not limited to, the Export

Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the

sanctions control program of the United States (http://www.treasury.gov/resource-center/

sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any

government export exclusion report (http://www.bis.doc.gov/

complianceandenforcement/liststocheck.htm) nor a member of any other government

which may be part of an export-prohibited country identified in applicable export and

import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through

the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile,

chemical or biological weaponry end uses that would be a violation of the U.S. export

laws; and

d) agree not to post, transfer nor upload any software, technology or any other

technical data which would be in violation of the U.S. or other applicable export and/or

import laws.

SECTION 5 - SUBMITTED CONTENT

Gulf2Bay Pool And Spa shall not lay claim to ownership of any content submitted by any

visitor, member, or user, nor make such content available for inclusion on our website

Services. Therefore, you hereby grant and allow for Gulf2Bay Pool And Spa the below listed

worldwide, royalty-free and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible

areas of Gulf2Bay Pool And Spa's Sites, the license provided to permit to use,

distribute, reproduce, modify, adapt, publicly perform and/or publicly display said

Content on our network Services is for the sole purpose of providing and promoting

the specific area to which this content was placed and/or made available for viewing.

This license shall be available so long as you are a member of Gulf2Bay Pool And

Spa's sites, and shall terminate at such time when you elect to discontinue your

membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on

the publicly accessible areas of Gulf2Bay Pool And Spa's sites, the license provided to

permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly

display said Content on our network Services are for the sole purpose of providing and

promoting the specific area in which this content was placed and/or made available for

viewing. This license shall be available so long as you are a member of Gulf2Bay Pool

And Spa's sites and shall terminate at such time when you elect to discontinue your

membership.

c) For any other content submitted or made available for inclusion on the publicly

accessible areas of Gulf2Bay Pool And Spa's sites, the continuous, binding and

completely sub-licensable license which is meant to permit to use, distribute,

reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display

said content, whether in whole or in part, and the incorporation of any such Content

into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of Gulf2Bay Pool And Spa's

Sites are those such areas of our network properties which are meant to be available to the

general public, and which would include message boards and groups that are openly available

to both users and members. However, those areas which are not open to the public, and thus

available to members only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

Gulf2Bay Pool And Spa may provide an area for our user and members to contribute feedback

to our website. When you submit ideas, documents, suggestions and/or proposals

("Contributions") to our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary

information;

b) Gulf2Bay Pools shall not be liable or under any obligation to ensure or maintain

confidentiality, expressed or implied, related to any Contributions;

c) Gulf2Bay Pools shall be entitled to make use of and/or disclose any such

Contributions in any such manner as they may see fit;

d) the contributor's Contributions shall automatically become the sole property of

Gulf2Bay Pools; and

e) Gulf2Bay Pools is under no obligation to either compensate or provide any form of

reimbursement in any manner or nature.

SECTION 6 - INDEMNITY

All users and/or members agree to insure and hold Gulf2Bay Pool And Spa, our subsidiaries,

affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any

claim or demand, which may include, but is not limited to, reasonable attorney fees made by

any third party which may arise from any content a member or user of our Site may submit,

post, modify, transmit or otherwise make available through our Services, the use of Gulf2Bay

Pools Services or your connection with these Services, your violations of the Terms of Service

and/or your violation of any such rights of another person.

SECTION 7 - COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor

exploit for any commercial reason any part, use of, or access to Gulf2Bay Pools's sites.

SECTION 8 - MODIFICATIONS

Gulf2Bay Pool And Spa reserves the right at any time it may deem fit, to modify, alter and or

discontinue, whether temporarily or permanently, our service, or any part thereof, with or

without prior notice. In addition, we shall not be held liable to you or to any third party for any

such alteration, modification, suspension and/or discontinuance of our Services, or any part

thereof.

SECTION 9 - TERMINATION

As a member of www.gulf2baypools.com, you may cancel or terminate your account,

associated email address and/or access to our Services by submitting a cancellation or

termination request to .

As a member, you agree that Gulf2Bay Pool And Spa may, without any prior written notice,

immediately suspend, terminate, discontinue and/or limit your account, any email associated

with your account, and access to any of our Services. The cause for such termination,

discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of our Terms or any other incorporated agreement,

regulation and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any

part thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with

your www.gulf2baypools.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and

or limitations of access for cause shall be made at our sole discretion and that we shall not be

liable to you or any other third party with regards to the termination of your account,

associated email address and/or access to any of our Services.

The termination of your account with www.gulf2baypools.com shall include any and/or all of

the following:

a) the removal of any access to all or part of the Services offered within

www.gulf2baypools.com;

b) the deletion of your password and any and all related information, files, and any

such content that may be associated with or inside your account, or any part thereof;

and

c) the barring of any further use of all or part of our Services.

SECTION 10 - LINKS

Either Gulf2Bay Pool And Spa or any third parties may provide links to other websites and/or

resources. Thus, you acknowledge and agree that we are not responsible for the availability of

any such external sites or resources, and as such, we do not endorse nor are we responsible or

liable for any content, products, advertising or any other materials, on or available from such

third-party sites or resources. Furthermore, you acknowledge and agree that Gulf2Bay Pool

And Spa shall not be responsible or liable, directly or indirectly, for any such damage or loss

which may be a result of, caused or allegedly to be caused by or in connection with the use of

or the reliance on any such content, goods or Services made available on or through any such

site or resource.

SECTION 11 - PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Gulf2Bay Pool And Spa's Services and any

essential software that may be used in connection with our Services ("Software") shall contain

proprietary and confidential material that is protected by applicable intellectual property rights

and other laws. Furthermore, you herein acknowledge and agree that any Content which may

be contained in any advertisements or information presented by and through our Services or

by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and

laws. Therefore, except for that which is expressly permitted by applicable law or as

authorized by Gulf2Bay Pool And Spa or such applicable licensor, you agree not to alter,

modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created

any plagiaristic works which are based on Gulf2Bay Pool And Spa Services (e.g. Content or

Software), in whole or part.

Gulf2Bay Pool And Spa hereby grants you a personal, non-transferable and non-exclusive

right and/or license to make use of the object code or our Software on a single computer, as

long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or

plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to

locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or

otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter

or change the Software in any manner, nature or form, and as such, not to use any modified

versions of the Software, including and without limitation, for the purpose of obtaining

unauthorized access to our Services. Lastly, you also agree not to access or attempt to access

our Services through any means other than through the interface which is provided by

Gulf2Bay Pool And Spa for use in accessing our Services.

SECTION 12 - WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF GULF2BAY POOL AND SPA SERVICES AND SOFTWARE ARE

AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE

PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. GULF2BAY

POOL AND SPA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM

ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES

OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE

AND NON-INFRINGEMENT.

b) GULF2BAY POOL AND SPA AND OUR SUBSIDIARIES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH

WARRANTIES THAT (i) GULF2BAY POOL AND SPA SERVICES OR SOFTWARE

WILL MEET YOUR REQUIREMENTS; (ii) GULF2BAY POOL AND

SPA SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,

SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE

OBTAINED FROM THE USE OF THE GULF2BAY POOL AND SPA SERVICES

OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY

PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH

MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR

SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH

ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE

OBTAINED BY WAY OF GULF2BAY POOL AND SPA SERVICES OR

SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE

RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND

HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH

RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET

ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF

DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH

INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR

ORAL, THAT MAY BE OBTAINED BY YOU FROM GULF2BAY POOL AND

SPA OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL

CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME

DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT

PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A

COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN

CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR

UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO

HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE

YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF

THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,

ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,

DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

SECTION 13 - LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GULF2BAY

POOL AND SPA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,

AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY

PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY

DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE

RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER

INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH

POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR

TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR

SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SECTION 14 - RELEASE

In the event you have a dispute, you agree to release Gulf2Bay Pool And Spa (and its officers,

directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other

third parties) from claims, demands and damages (actual and consequential) of every kind and

nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out

of or in any way connected to such dispute.

SECTION 15 - NOTICE

Gulf2Bay Pool And Spa may furnish you with notices, including those with regards to any

changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text

messaging, postings on our website Services, or other reasonable means currently known or

any which may be herein after developed. Any such notices may not be received if you violate

any aspects of the Terms by accessing our Services in an unauthorized manner. Your

acceptance of this Agreement constitutes your agreement that you are deemed to have received

any and all notices that would have been delivered had you accessed our Services in an

authorized manner.

SECTION 16 - INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand and agree that all of the Gulf2Bay Pool And Spa

trademarks, copyright, trade name, service marks, and other Gulf2Bay Pool And Spa logos

and any brand features, and/or product and service names are trademarks and as such, are and

shall remain the property of Gulf2Bay Pool And Spa. You herein agree not to display and/or

use in any manner the Gulf2Bay Pool And Spa logo or marks without obtaining Gulf2Bay

Pool And Spa's prior written consent.

Gulf2Bay Pool And Spa will always respect the intellectual property of others, and we ask that

all of our users do the same. With regards to appropriate circumstances and at its sole

discretion, Gulf2Bay Pool And Spa may disable and/or terminate the accounts of any user who

violates our Terms and/or infringes the rights of others. If you feel that your work has been

duplicated in such a way that would constitute copyright infringement, or if you believe your

intellectual property rights have been otherwise violated, you should provide to us the

following information:

a) The electronic or the physical signature of the individual that is authorized on behalf

of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe

has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon

your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not

authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned

information in your notice is truthful and accurate, and that you are the copyright or

intellectual property owner, representative or agent authorized to act on the copyright

or intellectual property owner's behalf.

The Gulf2Bay Pool And Spa agent for notice of claims of copyright or other intellectual

property infringement can be contacted as follows:

Mailing Address:

Gulf2Bay Pool And Spa

Attn: Copyright Agent

5386 Gulf Dr

Holmes Beach, Florida 34217

Telephone: 9413133230

Email: info@gulf2baypools.com

SECTION 17 - ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Gulf2Bay Pool And Spa

and shall govern the use of our Services, superseding any prior version of this Agreement

between you and us with respect to Gulf2Bay Pool And Spa Services. You may also be subject

to additional terms and conditions that may apply when you use or purchase certain other

Gulf2Bay Pool And Spa Services, affiliate Services, third-party content or third-party

software.

SECTION 18 - CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Gulf2Bay Pool And Spa with regard to the

Agreement that the relationship between the parties shall be governed by the laws of the state

of Florida without regard to its conflict of law provisions and that any and all claims, causes of

action and/or disputes, arising out of or relating to the Agreement, or the relationship between

you and Gulf2Bay Pool And Spa, shall be filed within the courts having jurisdiction within the

County of Manatee, Florida or the U.S. District Court located in said state. You and Gulf2Bay

Pool And Spa agree to submit to the jurisdiction of the courts as previously mentioned, and

agree to waive any and all objections to the exercise of jurisdiction over the parties by such

courts and to venue in such courts.

SECTION 19 - WAIVER AND SEVERABILITY OF TERMS

At any time, should Gulf2Bay Pool And Spa fail to exercise or enforce any right or provision

of the Agreement, such failure shall not constitute a waiver of such right or provision. If any

provision of this Agreement is found by a court of competent jurisdiction to be invalid, the

parties nevertheless agree that the court should endeavor to give effect to the parties' intentions

as reflected in the provision, and the other provisions of the Agreement remain in full force

and effect.

SECTION 20 - NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to

your ID and/or contents within your account shall terminate upon your death. Upon receipt of

a copy of a death certificate, your account may be terminated and all contents therein

permanently deleted.

SECTION 21 - STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary,

any claim or action arising out of or related to the use of our Services or the Agreement must

be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

SECTION 22 - VIOLATIONS

Please report any and all violations of this Agreement to Gulf2Bay Pool And Spa as follows:

Mailing Address:

Gulf2Bay Pool And Spa

5386 Gulf Dr

Holmes Beach, Florida 34217

Telephone: 9413133230

Email: info@gulf2baypools.com

SECTION 23 - GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our

systems, or to ensure the integrity and operation of our business and systems, we may access

and disclose any information we consider necessary or appropriate, including and without

limitation, your information, IP address, and usage history. Our right to disclose any such

information is governed by the terms of our Privacy Policy.

SECTION 24 - FOREIGN ACCESS OF SITE

The Site is controlled, operated and administered by Gulf2Bay Pools from our offices within

the USA. If you access the Site from a location outside the USA, you are responsible for

compliance with all local laws. You agree that you will not use Gulf2Bay Pools's content

accessed through the Site in any country or in any manner prohibited by any applicable laws,

restrictions or regulations.

SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors,

inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,

product shipping charges, transit times and availability. We reserve the right to correct any

errors, inaccuracies or omissions, and to change or update information or cancel orders if any

information on the Site or on any related Site is inaccurate at any time without prior notice

(including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any

related Site, including without limitation, pricing information, except as required by law. No

specified update or refresh date applied on the Site or on any related Site, should be taken to

indicate that all information on the Site or on any related Site has been modified or updated.

SECTION 26 - PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected

by the Gulf2Bay Pool And Spa Online Privacy Policy (see the full Privacy Policy at https://

docs.google.com/document/d/1ztlrlsy9kgj4l-rugh3mtwqupli0sstiqfcriqwpuwc/edit?

usp=sharing). As a member, you herein consent to the collection and use of the information

provided, including the transfer of information within the United States and/or other countries

for storage, processing or use by Gulf2Bay Pool And Spa and/or our subsidiaries and affiliates.

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