ghpools

ghpools.com

USER AGREEMENT

Welcome to ghpools.com's User Agreement. This Agreement is a legal agreement between you and ghpools.com regarding your use of ghpools.com's web site proprietary services ("Services"). By using the Services, you are agreeing to the terms and conditions included in this Agreement (the "Terms of Service").

_{1. ghpools.com
Services.}_{This agreement covers your use of ghpools.com's Services on
this site only. Your use of services on other sites will be covered by separate
agreements. Our Services are available only to individuals who can form legally
binding contracts under applicable law, and therefore, excludes minors.}

_{2. Use of the
Services.}_{You may use the Services for personal and business
purposes. However, you may not sell, lease or resell the services to or on
behalf of any other party. In addition, you may not use, or permit to be used, ghpools.com
Services in violation of any applicable law, regulation or policy, or in
violation of any third parties' rights.}

_{3. Terms and
Conditions of Use.}

_{(a) Agreement to Terms. By using the
information, services and products available through ghpools.com you are
agreeing to the terms and conditions contained herein.}

_{(b) Modification.ghpools.com reserves
the right to modify the Terms of Service at any time, and such modifications
shall be effective immediately upon the earlier of posting of the modified
Terms of Service or by e-mail notification to you.}

_{(c) You agree to review these Terms of
Service periodically to be aware of such modifications, and your continued access
or use of this web site shall be deemed your acceptance of the modified Terms
of Service.}

_{(d) You agree that these standards for
notice of changes are reasonable.}

_{(e) You acknowledge and agree that ghpools.com
or its affiliates may deny you access to or use of all or part of this web site
without prior notice if you engage in any conduct or activities that ghpools.com
in its sole discretion believes violates any of these Terms of Service,
violates the rights of ghpools.com, or is otherwise inappropriate for continued
access and use of this web site.}

_{4. Your
Information.}

_{(a) By giving us your email address,
you are certifying in this Agreement that you have the right to use your email
address.}

_{(b) By providing information to us via
this web site (such a, feedback, data, comments, questions, suggestions, plans
or ideas), you agree that such information shall be non confidential and that ghpools.com
shall have unlimited rights to (or not to): use, distribute, reproduce, and
disclose such information as ghpools.com deems appropriate, without
compensation or acknowledgement of its source. ghpools.com shall be free to use
any ideas, concepts, know-how or techniques contained in information you
provide ghpools.com through ghpools.com's web site.}

_{(c) In exchange for use of this web
site, you agree that any information you submit to us will be current and
complete and will not violate the rights of any third parties, and you agree to
defend, indemnify, and hold harmless ghpools.com, its affiliates and content
suppliers, and their successors against any claims by third-parties alleging
facts in breach of these representations.}

_{(d) While ghpools.com will not
knowingly divulge your email address or any other personal information to
outside parties, you agree that ghpools.com will not be liable for acquisition
or use of your information by any third party without ghpools.com's knowledge
or consent. In turn, you agree that ghpools.com will not be liable for the
acquisition or use of personal information about you that is not under our
control.}

_{(e) ghpools.com is against unsolicited
e-mail (SPAM) as a matter of policy. Therefore, we will NOT send you any
advertisement-only messages as part of the Services. However, in order to
support this FREE service, you will receive advertisements within the email
notifications you receive.}

_{5. Ownership.}

_{(a) ghpools.com has and shall retain
all right, title and interest in and to any software or technology used in
providing the Services, and all intellectual property rights therein.}

_{(b) All content included on this web
site, including text, graphics, logos, buttons, icons, and images, is the
property of ghpools.com or its affiliates, content suppliers, or other
licensors, with ownership as indicated by specific copyright and trademark
notices and/or context, and is protected by U.S, and international copyright
and trademark laws.}

_{6. Consumer
Information.}_{The consumer information contained here is intended, in
part, to alert the reader to pertinent issues regarding this site. The
information contained herein is not intended as a substitute for professional
consultation. If professional assistance is required, the services of a
competent professional person should be sought.}

_{7. Pricing and
Availability.}_{Any pricing information listed on this web site is subject
to change without notice. Certain items herein may be discontinued or may be
unavailable in some areas.}

_{8.
Disclaimers.}

_{(a) The availability of the Services
depends on many factors, including your connection to the Internet, the
availability of the ghpools.com 's web site or services, and equipment that is
not, by its nature, fault tolerant.}

_{(b) THE SERVICES ARE PROVIDED "AS
IS". NO WARRANTIES ARE PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR
IMPLIED, WITH RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES,
PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION,
ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES,
THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR
SERVICES USED IN CONJUNCTION WITH THE SERVICES.}

_{(c) ghpools.com AND ITS SUPPLIERS
SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT
AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY
AND USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED
THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION
OR USE OF YOUR INFORMATION.}

_{(d) ghpools.com and its affiliates and
content suppliers reserve the right to alter or delete the products, services
and information available from this web site at any time.}

_{(e) The information contained in this
World Wide Web site is provided for informational purposes only. While ghpools.com
has tried to provide accurate and timely information1 there may be inadvertent
inaccuracies and typographical errors. We reserve the right to make changes and
corrections at any time, without notice.}

_{(f) ghpools.com does not warrant the
accuracy, completeness or usefulness of the information, text, links or other
items contained on this web site and ghpools.com expressly disclaims liability
for errors or omissions in these materials.}

_{(g) ghpools.com makes no commitment to
update the information contained on this web site.}

_{(h) Third party web sites listed as
hypertext links herein are not under the control of ghpools.com. Accordingly, ghpools.com
can make no representation concerning the content of these web sites nor can
the fact that ghpools.com has included this link serve as an endorsement by ghpools.com
of any of these web sites.}

_{(i) Nothing contained in this web site
constitutes investment advice.}

_{(j) All sales of products listed herein
are subject to our usual terms and conditions of sale.}

_{9. Trademarks.}_{All
trademarks, company names, and product names are the property of their
respective owners.}

_{10. Copyright.}_{The content
of this web site, including but not limited to the text and images herein and
their arrangement are copyright @2OOO ghpools.com. All Rights Reserved. Certain
images herein are owned by and have been provided by our members and are used
with permission. Please contact us if you are interested in receiving
permission for commercial or non-commercial use of any of the images or content
herein.}

_{11. Limitation
of liability.}_{IN NO EVENT WILL ghpools.com, ITS SUPPLIERS, LICENSEES OR
AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE AVAILABILITY
OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH
USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN CONJUNCTION WITH
THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION. IN NO EVENT SHALL
ghpools.com’S, ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE LIABILITY TO CUSTOMER
OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).}

_{12.
Indemnification.}

_{(a) You agree to indemnify, defend and
hold harmless ghpools.com, its affiliates, officers, directors, employees,
consultants, agents and suppliers from and against any and all claims,
liability, damages and/or costs (including but not limited to reasonable
attorneys' fees) arising from your use of this web site and the Services
provided under this Agreement, the violation of these terms and conditions by
you, or the infringement by you, or other users of ghpools.com 's web site
through the use of your computer or your infringement of any intellectual
property or other right of any person or entity.}

_{(b) ghpools.com reserves the right at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you}.

_{13.
Termination of Service.}

_{(a)Either you or ghpools.com may
terminate this Agreement and the Services at any time and for any reason, but
until that time it remains in full force and effect.}

_{(b) These terms are effective until
terminated by either party. You may terminate these terms at any time by
destroying all materials obtained from any and all ghpools.com site(s) and all
related documentation and all copies and installations thereof, whether made
under the terms of these terms or otherwise.}

_{(c) These terms will terminate
immediately without notice from ghpools.com if in ghpools.com's sole discretion
you fail to comply with any term or provision of this Agreement.}

_{(d) Upon termination, you must destroy
all materials obtained from the site and any and all other ghpools.com site(s)
and all copies thereof, whether made under the terms of these terms or
otherwise.}

_{(e) The terms of this Section and
Sections 4, 5, 8,11 and 12 will survive any termination of this Agreement.}

_{14. Message
Center Policies}

_{(a) ghpools.com does not and cannot
monitor each and every message posted in the message Center.}

_{(b) ghpools.com is not responsible for
any message posted, and does not vouch for or warrant the accuracy, validity,
completeness or usefulness of any message. The messages express the views of
their authors, not necessarily the views of ghpools.com.}

_{(c) By posting in the Message Center,
you agree:}

· _{Many areas of ghpools.com are "public", such as
our Message Center. By submitting content in these public areas, you grant to ghpools.com
the complete right to use, reproduce, modify, distribute, etc., the content in
any part, anywhere.}

· _{Although ghpools.com is not responsible for the content of
these messages, we at ghpools.com reserve the right to delete any message for
any reason or no reason whatsoever.}

· _{You remain solely responsible for the content of your
messages, and you agree to indemnify and hold harmless ghpools.com and its
agents with respect to any claim based upon transmission of your message(s).}

· _{We at ghpools.com also reserve the right to reveal your
identity (or whatever information we know about you) in the event of a
complaint or legal action arising from any message posted by you.}

· _{ghpools.com may delete any and all information,
communications, postings, or web pages for online conduct that ghpools.com
believes is harmful to other members or users of this web site, the business of
ghpools.com or other third-party information providers.}

_{(d) ghpools.com reserves the right to
end a discussion or lock a thread if we feel that the discussion has become
unproductive or combative, or if the topic is unnecessarily dominating the message
center. ghpools.com reserves the right to lock a thread if there have been no
messages in it for 30 days.}

_{15. Community
Guidelines}

_{(a) ghpools.com takes pride in its
community. We are protective of this community and want it to thrive and grow.
For this reason, we have implemented the Community Guidelines, which are
outlined below. These guidelines explain what you can expect of ghpools.com, as
well as the kind of online behavior we expect of you.}

_{(b) The number one guideline to be
followed at all times is "treat others as you would like to be treated
yourself." Abuse of other members will absolutely not be tolerated.}

_{(c) Also, remember that community
standards are always evolving. It is important that you periodically check this
document for alterations and updates. It's all part of taking pride in and
protecting the ghpools.com community. Thanks for doing your part.}

_{(d) Online conduct should be guided by
common sense and basic etiquette. You will be considered in violation of our
Community Guidelines if you do any of the following:}

· _{Use strong vulgar language, crude or explicit sexual
references, demeaning racial or ethnic remarks, and/or hate speech.}

· _{Post any material which is knowingly false and/or
defamatory, or invasive of a person's privacy.}

· _{Harass, threaten, or intimidate another member. During
debate or disagreement, always address the issue at hand, not the individual.}

· _{Create multiple accounts for use on ghpools.com.}

· _{Post, transmit, or distribute illegal content.}

· _{Post, transmit, or distribute copyrighted or trademarked
content without authorization.}

· _{Impersonate another member or individual. Impersonating a
member, celebrity, ghpools.com employee, or administrator/moderator will result
in immediate expulsion from the community.}

· _{Attempt to access other members' passwords, account
information, or private information. Remember: ghpools.com employees will NEVER
ask for your password. Don't EVER give your password out to anyone.}

· _{Collect member information via ghpools.com's member
information retrieval function. The use of such information for the purpose of
sending unsolicited bulk e-mail is strictly prohibited.}

· _{Engage in unsolicited email spamming of ghpools.com members
or message forums.}

· _{Promote chain letters and pyramid schemes, illegal or not,
in the ghpools.com message center or via private email to our members.}

· _{Advertise products or services in ghpools.com's Message
Center or to our members. This includes (but is not limited to) auction sites
and auction related discussion forums.}

_{16. Moderation
and Enforcement of Guidelines}

_{(a) Moderation messages will be public.
This is not done to embarrass or upset the poster but, rather, to serve as a
learning experience for all users. Similarly, messages will not be deleted
unless they are obscene, invasive of a person's privacy, or otherwise in gross
violation of our guidelines. The poster will be warned in the same thread, with
the relevant portion of the message quoted as necessary. The poster, of course,
always retains the option of editing their initial message.}

_{(b) Moderations will follow a
three step process:}

· _{Informal
Warning.}_{This may or may not contain those words but is a message
from the Moderator indicating that you have crossed the line. Please pay
attention to such messages and follow the Moderator's instructions.}

· _{Formal
Warning.}_{If a user has received an informal warning and, in the next
30 days violates this or another guideline, s/he will receive a formal warning.
Formal warnings may also be issued immediately for gross violations of the
rules, directly insulting another user, or arguing a moderation call in the
thread.}

· _Suspension._{A user who
has been issued a formal warning and again violates Community Guidelines will
receive a 30 day suspension. Suspensions are automatic, but may be appealed via
email. We reserve the right to issue a suspension for blatant attempts to
disrupt the forum, use of multiple Ids in any Message Center forum, or if in
the opinion of the Moderator, such an action is required to ensure the safety,
comfort and/or enjoyment of the forum by other users. Continued violation of ghpools.com
Community Guidelines after suspension may result in permanent expulsion.}

_{17.
Miscellaneous.}

_{(a) Entire Agreement. This Agreement
constitutes the entire agreement between you and ghpools.com with respect to
the Services and supersedes all other agreements, contemporaneous and prior,
between you and ghpools.com with respect to the Services.}

_{(b) Nonwaiver. ghpools.com's failure to
enforce any provision of this Agreement will not be construed as a waiver of
any provision or right.}

_{(c) Amendment. ghpools.com can revise
these Terms and Conditions by updating this posting. No amendment or
modification hereof will be valid or binding upon either party unless assented
to by ghpools.com.}

_{(d) Severability. In the event that a
portion of this Agreement is held unenforceable, the unenforceable portion will
be construed in accordance with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remainder of the provisions
will remain in full force and effect.}

_{(e) No Estoppel. Waiver by either party
of a breach of any provision of this Agreement or the failure by either party
to exercise any right hereunder shall not operate or be construed as a waiver
of any subsequent breach of that right or as a waiver of any other right.}

_{(f) Act of God. ghpools.com will not be
liable in any amount for failure to perform any obligation under this Agreement
if such failure is caused by the occurrence of any unforeseen contingency
beyond the reasonable control of such party including without limitation
Internet outages, communications outages, fire, flood, war or act of God.}

_{(g) No Obligation to Monitor. ghpools.com
does not have any obligation to monitor use of the Services, but ghpools.com
may do so and may also disclose information regarding your use of the Services
to satisfy laws, regulations or other government requests.}

_{(h) North Carolina Agreement. As you
are accessing the information on the ghpools.com web site on a server in
Salisbury, North Carolina, the information contained on ghpools.com web site
shall be deemed provided in North Carolina and shall be deemed subject to North
Carolina law. These Terms and Conditions will be governed and interpreted
pursuant to the laws of North Carolina, notwithstanding any principles of
conflicts of law.}

_{18. Contacting
Us.}_{You may contact ghpools.com at 617 Shiloh, Suite 1, Laredo,
TX 78045, United States of America.
Telephone: 956.725.8474. FAX: 756.723.2589.}

_{THANK YOU FOR VISITING AND USING THE ghpools.com WEB SITE. WE
APPRECIATE YOU AS A CUSTOMER.}

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