Hayward Aqua Connect® Aqua Connect® Operations Manual - Page 25

Right to Change These Terms and Conditions of Use or Site Content

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ing to the Service and the security and data transmission rate of that connection. The Service will be unavailable for access each Sunday from 10:00 p.m. through 4:00 a.m. (Eastern U.S. Time) for maintenance. The Service may become unavailable at other times due to due to circumstances beyond the control of the Company. At such times every reasonable effort will be made to restore the Service in a timely manner, but the Company cannot guarantee that the Service will be continuous. Effectiveness of the Service The Service may not allow you to take advantage of all features of your Hayward® swimming pool controller or permit you to remotely control all functions of your swimming pool that can be accomplished manually with this controller. Furthermore, the Company does not warrant that your efforts to remotely control your swimming pool through the Service will be effective. Right to Change These Terms and Conditions of Use or Site Content The Company may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site or the Service after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on or functionality of the Site, including the Service, temporarily or permanently, at any time, without notice and without liability. Disclaimer of Warranties and Damages YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING THE SERVICE AND ALL OTHER CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT THE SERVER THAT MAKES THE SITE AND THE SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE OR THE SERVICE. Note that it is possible to damage your pool, make it unsafe for bathing, or generate unexpectedly high utility bills if you misuse your pool controller. Since the remote control portion of the Service gives you full control over the pool controller, you can, by extension, damage your pool, make it unsafe for bathing, or generate unexpectedly high utility bills if you misuse the pool controller via the Service. There is an additional risk of damage via the Service since you are operating the pool remotely; there may be nobody on site to observe what is actually happening. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY'S NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE SITE OR THE SERVICE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00. General Provisions These Terms and Conditions of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site and the Service. Any alleged claim or cause of action you may have with respect to your use of the Site or the Service must be commenced in the state or federal courts of Rhode Island within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Rhode Island, United States of America, without reference to its conflicts of law rules. 23

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ing to the Service and the security and data transmission rate of that connection. The Service will
be unavailable for access each Sunday from 10:00 p.m. through 4:00 a.m. (Eastern U.S. Time) for
maintenance. The Service may become unavailable at other times due to due to circumstances
beyond the control of the Company. At such times every reasonable effort will be made to restore
the Service in a timely manner, but the Company cannot guarantee that the Service will be
continuous.
Effectiveness of the Service
The Service may not allow you to take advantage of all features of your Hayward® swimming
pool controller or permit you to remotely control all functions of your swimming pool that can be
accomplished manually with this controller. Furthermore, the Company does not warrant that
your efforts to remotely control your swimming pool through the Service will be effective.
Right to Change These Terms and Conditions of Use or Site Content
The Company may add to, change, or remove any part of these Terms and Conditions of Use at
any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted
on the Site apply as soon as they are posted. By continuing to use the Site or the Service after
any changes are posted, you are indicating your acceptance of and agreement to those changes.
Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content
posted on or functionality of the Site, including the Service, temporarily or permanently, at any
time, without notice and without liability.
Disclaimer of Warranties and Damages
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING THE SERVICE AND ALL
OTHER CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS
PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COM-
PANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICU-
LAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
FURTHERMORE, THE
COMPANY DOES NOT WARRANT THAT THE SERVER THAT MAKES THE SITE AND THE SERVICE
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT,
HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY
WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE OR THE
SERVICE.
Note that it is possible to damage your pool, make it unsafe for bathing, or generate unexpectedly
high utility bills if you misuse your pool controller. Since the remote control portion of the Service
gives you full control over the pool controller, you can, by extension, damage your pool, make it
unsafe for bathing, or generate unexpectedly high utility bills if you misuse the pool controller via
the Service. There is an additional risk of damage via the Service since you are operating the pool
remotely; there may be nobody on site to observe what is actually happening.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY’S NEGLIGENCE,
SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (A) THE USE OF, (B) THE INABILITY TO
USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE SITE OR THE
SERVICE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EX-
CEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on the Site together consti-
tute the entire agreement between the Company and you with respect to your use of the Site and
the Service. Any alleged claim or cause of action you may have with respect to your use of the
Site or the Service must be commenced in the state or federal courts of Rhode Island within one
(1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent
jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be
unenforceable, that provision or portion shall be deemed severable, and shall not affect the
validity and enforceability of any remaining provision of these Terms and Conditions of Use.
These Terms and Conditions of Use shall be governed by and construed in accordance with the
laws of the State of Rhode Island, United States of America, without reference to its conflicts of
law rules.
23