Terms and Conditions

Welcome to the UPCS West Texas website (the “Site”). This Site is operated by Ultra Pool Care Squad of West Texas (herein after “Franchisee”) and created by the Franchisor, Ultra Pool Care Squad Franchise USA, Inc. (hereinafter “UPCS”) and the content on the Site is owned by UPCS or its affiliated companies and by affiliates and third parties that post on the Site through a license from UPCS, but for whom UPCS assumes no direct responsibility. Please read these terms and conditions contained on the Site, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit to this Site. These Terms and Conditions apply to all persons who visit this Site (“Visitors”), regardless of your level of participation.

By using this Site you agree that you have read, understand and accept the following terms and conditions (“Terms and Conditions”), and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms and Conditions. UPCS and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. UPCS may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions, please do not use the Site.

UPCS provides the following Notice and Disclaimer to buyers of the non-relationship between independent persons, sole traders, partnerships, businesses, franchisees that use the services of a UPCS franchisee:

• This notice and disclaimer is made to all customers of UPCS worldwide. You are hereby notified that independent persons, sole traders, partnerships, businesses, act as UPCS Franchisees.
• Each person, sole trader, partnership, business as franchisee is an independent business, which is completely separate from UPCS.
• Each person, sole trader, partnership, business as franchisee is an independent contractor, and no such person, sole trader, partnership, business, franchisee is an owner, agent (in fact or law), or employee of UPCS.
• Each person, sole trader, partnership, business as franchisee has no authority or rights to bind UPCS to any agreement, contract or undertaking.
• UPCS hereby notifies all customers to undertake their own research and make their own investigations into a person, sole trader, partnership, business as UPCS franchisee.
• UPCS provides no warranty and is not responsible for the acts or conduct of any person, sole trader, partnership, business as franchisee.
• UPCS hereby disclaims any liability for an intentional or unintentional negligent act, mistake, conduct, workmanship or action by any person, sole trader, partnership, business as franchisee or any damage caused by the franchisee.
• UPCS will not be responsible or liable for any damages caused by each person, sole trader, partnership, business as franchisee.
• Any statement in any advertisement, literature, brochure, or website should not be interpreted or construed to expressly or impliedly create any relationship between UPCS and any person, sole trader, partnership, business as franchisee that sells products manufactured by UPCS contrary to this notice and disclaimer.

UPCS and Franchisee provide the following Notice and Disclaimer to customers in respect of the Information and Illustrations contained on all UPCS websites, brochures, information sheets, marketing material hereinafter referred to as a “Published Information”:

Measurements and dimensions of all products may vary from what is contained on Published Information to actual measurements and/or dimensions of UPCS products.

The UPCS name, and all trademarks and logos displayed on this Site are owned or used under license by UPCS. These trademarks include, but are not limited to, product brand names, slogans and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

UPCS, Franchisee and their affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.

For an explanation of UPCS policies and practices regarding information that we may collect from you in connection with your use of this Site, you should review UPCS’s Privacy Policy the terms of which are incorporated herein. By using this Site, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.

By using this Site you agree that you will defend, indemnify and hold harmless UPCS, Franchisee, and their subsidiaries and affiliates, any person, sole trader, partnership, business as franchisee that sells UPCS products, advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. UPCS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with UPCS defense of such claim.

UPCS may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time.

This Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment.

UPCS, Franchisee, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, UPCS and Franchisee disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. UPCS and Franchisee are not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UPCS’S AND FRANCHISEE’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. UPCS, FRANCHISEE, THEIR INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. UPCS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UPCS AND FRANCHISEE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER UPCS, FRANCHISEE, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.

These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Australia. These terms and conditions are governed by, and construed in accordance with, the laws of the Queensland, Australia, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. UPCS’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Brisbane, Queensland, Australia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.