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Terms of Service |
As a condition of use the "subscriber" (companies who use the services of this site) must agree to the following terms, which are binding upon both the subscriber and Vine Technologies, Bob Thomas, and all other parties involved in the design and maintenance of this site.
Disclaimer of Warranty on Pool Service Software
You expressly acknowledge and agree that use of the Pool Service Software is at your sole risk. The software is provided "AS IS" and without warranty of any kind and Vine Technologies/Bob Thomas EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VINE TECHNOLOGIES/BOB THOMAS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, VINE TECHNOLOGIES/BOB THOMAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VINE TECHNOLOGIES/BOB THOMAS OR A VINE TECHNOLOGIES REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
Limitation of Liability
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VINE TECHNOLOGIES/BOB THOMAS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE.
Confidentiality and Non-Disclosure Policy
We at Vine Technologies realize that your company information is your most valuable asset, including customer contact information, billing, pricing, service arrangements, employee information, to name a few. We define "company data" as any data that you enter into our web screens.
You have our binding promise that we will never:
- Disclose your company data to any other third party (unless mandated by court order)
- Use it for any other purpose other than described below without your consent
Security
We use SSL Security, an industry-standard security protocol which encrypts data being sent through the internet. The subscriber accepts this level of security as sufficient for the protection of data sent through the internet.
Membership and Cancellation Policy
Pool Service Software (the "Site") is a web-based software application (a web site) designed to facilitate the manangement of a swimming pool service company. It is a subscription service, which means you (swimming pool services) pay a monthly fee for access to the Site. This fee is $1 for the first month, then $40/month after that.
We accept payments through PayPal subscriptions. On our signup screen you are routed to PayPal to complete the setup of subscription payments. Please note that WE DO NOT CHARGE YOU DIRECTLY. PayPal becomes like your online checking account that you set up to mail us payments each month.
We do accept other forms of payment, but they must be arranged directly with us such that you prepay for some set period of time (minimum 3 months), then we set your account up to expire after that if we do not receive payments. Also note that these custom-payment arrangements are outside our normal way of doing business, so there are no reminders that your account is coming due.
Every time we receive a payment, your expiration date is extended accordingly (if your expiration date was March 5th and we receive a payment on your behalf from PayPal on March 1st, your expiration date is automatically incremented by one month to April 5th).
Our service is strictly month-to-month. You may cancel at any time, but cancellation is YOUR responsibility. When you cancel your account will remain active until the expiration date (if expiration was March 1st and you cancel on Feb 3rd, you are still already paid up through March 1st and may use the system till then).
If you cancel your data will remain in our system for at least 6 months unless you manually remove it, and if you re-subscribe you will continue to have access to the data (although in the case of a re-subscribe you will not receive another $1 first month and will instead start at the full $40/month).
Barring any major system malfunctions that prevent you from being able to utilize most of the features of our service, our monthly fees are NON-REFUNDABLE.
Termination by Either Party
This agreement may be terminated by either party at any time with or without cause. Termination by the customer is described above. Management of Pool Service Software may refuse service or discontinue service to any customer at its discretion. If termination is for an existing customer, access to the system shall remain active until the end of the current paid term.
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