Terms of Use
Important Legal Information
Copyright and Legal Information
Contents of Tuscany Pools, an
SCV CONSTRUCTION, INC. Company are
© Copyright 2003 - 2010, all rights are reserved, and may not be
reproduced in any form in part or whole without permission. Any
trademarked names mentioned without accompanying trademark symbol in this
website are the property of their respective owners and are used only in
editorial fashion without intent of infringement of such trademarks.
Tuscany Pools are totally independent of, and do not endorse any company
or product. Tuscany Pools and its activities, including this site, are
supported financially solely by Tuscany Pools.
Do not steal our bandwidth
by directly linking to our graphics or other web related objects.
Tuscany Pools cannot vouch
for reported product or service claims. All stated product and services,
including prices, unless stated otherwise, are list prices in U.S.
dollars, and are current as of the initial time of publication. Tuscany
Pools is provided free to our readers for personal use, information,
education, and communication. You may download material displayed on this
site for non-commercial and personal use only, provided you also retain
all copyright and other proprietary notices contained on the materials.
You may not, however, distribute, modify, transmit, reuse, re-post, or use
the content of the Site for public or commercial purposes, including the
text, images, audio, and video without the express permission from Tuscany
Pools.
You should assume that
everything you see, read or hear at Tuscany Pools is copyrighted unless
otherwise noted and may not be used without the written permission of
Tuscany Pools. Also, Tuscany Pools neither warrants nor represents that
your use of materials displayed on this site will not infringe on rights
of third parties not owned by or affiliated with Tuscany Pools.
While Tuscany Pools uses
reasonable efforts to include accurate and up to date information in this
publication, Tuscany Pools makes no warranties or representations as to
its accuracy. Tuscany Pools assumes no liability or responsibility for any
errors or omission in the content of the Site. Your use of and browsing of
Tuscany Pools are at your own risk. Neither Tuscany Pools nor any other
party involved in creating, producing, or delivering this site is liable
for any direct, incidental, consequential, indirect, or punitive damages
arising out of your access to, or use of Tuscany Pools.
TuscanyPools.com
SCVConstruction.com
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READ THESE
TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using this site, you
signify your assent to these terms of use. If you do not agree to these
terms of use, please do not use the site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these terms at
any time. Please check these terms periodically for changes. Your
continued use of Tuscany Pools following the posting of changes to these
terms will mean you accept those changes.
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Restrictions on Use
of Materials
This site is owned and
operated by Tuscany Pools (referred to as "Tuscany Pools," "we," "us," or
"our" herein). No material from Tuscany Pools may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on any single
computer for your personal, non-commercial home use only, provided you
keep intact all copyright and other proprietary notices. Modification of
the materials or use of the materials for any other purpose is a violation
of Tuscany Pools copyright and other proprietary rights. For purposes of
these terms, the use of any such material on any other Web site or
networked computer environment is prohibited. All trademarks, service
marks, and trade names are proprietary to Tuscany Pools and/or their
respective authors
In the event you download
software from the site, the software, including any files, images
incorporated in or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you by Tuscany
Pools. Tuscany Pools does not transfer title to the Software to you. You
own the medium on which the Software is recorded, but Tuscany Pools
retains full and complete title to the Software, and all intellectual
property rights therein. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a
human-perceivable form.
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Forums and Public
Communication
"Forum" means a chat area,
bulletin board, or e-mail function offered as part of Tuscany Pools. You
shall not upload to, distribute through, or otherwise publish through
Tuscany Pools any content which is libelous, defamatory, obscene,
pornographic, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable that would constitute or
encourage a criminal offense, violate the rights of any party, or that
would otherwise give rise to liability or violates any law.
The Forums shall be used
only in a noncommercial manner. You shall not, without our express
approval, distribute or otherwise publish any material containing any
solicitation of funds, promotion, advertising, or solicitation for goods
or services. You specifically acknowledge that soliciting other Tuscany
Pools guests or customers to join or become members of any commercial
online service or other organization is expressly prohibited.
It is our policy to
respect the privacy of all guests. Therefore, in addition to the privacy
of Registration data, (see our Privacy Policy), we will not monitor, edit,
or disclose the contents of a guest's e-mail unless required in the course
of normal maintenance of Tuscany Pools and its systems or unless required
to do so by law or in the good-faith belief that such action is necessary
to: (1) comply with the law or comply with legal process served on Tuscany
Pools; (2) protect and defend the rights or property of Tuscany Pools; or
(3) act in an emergency to protect the personal safety of our guests or
the public. Guests shall remain solely responsible for the content of
their messages.
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Jurisdictional Issues
This site is controlled
and operated by Tuscany Pools from its offices within the State of
California, United States of America. Tuscany Pools makes no
representation that materials in the site are appropriate or available for
use in other locations. Those who choose to access this site from other
locations do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable. Software
from this site is further subject to United States export controls. No
software from this site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
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Termination
These terms are effective
until terminated by either party. You may terminate these terms at any
time by destroying all materials obtained from Tuscany Pools and all
related documentation and all copies and installations thereof, whether
made under the terms of these terms or otherwise. These terms will
terminate immediately without notice from Tuscany Pools if in Tuscany
Pools' sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must destroy all materials obtained
from this site and all copies thereof, whether made under the terms of
these terms or otherwise.
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Disclaimer
THE MATERIALS IN THIS SITE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
TUSCANY POOLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. TUSCANY POOLS DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TUSCANY POOLS
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TUSCANY
POOLS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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Limitation of
Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TUSCANY POOLS BE LIABLE
FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF TUSCANY POOLS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TUSCANY POOLS' TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
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Other Terms and Conditions
These terms shall be
governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal courts located
in Los Angeles County and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such
action. If any provision of these terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between us relating
to the subject matter herein and shall not be modified except in writing,
signed by both parties.
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Online Privacy Policy
The policies below are
applicable to Tuscany Pools, a site on the World Wide Web, owned and
operated by Tuscany Pools.
Tuscany Pools collects
personally identifying information only during (i) contest or sweepstakes
registration, (ii) online loan applications and (iii) subscription
registration for sites which require subscription. In addition,
information is collected in certain portions of sites in which guests
specifically and knowingly provide such information along with content
submissions, community postings (i.e., chat or bulletin boards),
suggestions, or voting. Tuscany Pools may use such information for
editorial and feedback purposes. Guests' e-mail addresses are never posted
on Tuscany Pools.
Information submitted at
the time of registration or submission may be used for marketing and
promotional purposes by Tuscany Pools. If a guest objects to such use for
any reason, he / she may stop that use - either by e-mail request or by
modifying his/her registration information online.
By using this site, you
signify your assent to the Tuscany Pools'
Privacy Policy. If you do not agree to this policy, please do
not use the site. We reserve the right, at our discretion, to change,
modify, add, or remove portions of this policy at any time. Please check
this page periodically for changes. Your continued use of Tuscany Pools
following the posting of changes to these terms will mean you accept those
changes.
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