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Terms & Conditions

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Terms and Conditions

Agreement between User and www.foxpool.com
Welcome to www.foxpool.com. The www.foxpool.com website (the “Site”) is comprised of
various web pages operated by Fox Pool. www.foxpool.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of www.foxpool.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.

www.foxpool.com is a Company profile website for Fox Pool United States and Canada Site.

Foxpool.com is an informational site to inform visitors of Fox Pool United States and Fox Pool
Canada’s Dealer and customer base of Fox Pool’s products and operations. Downloadable
Copyright Resources from Fox Pool are available to view and download at any time.

Electronic Communications
Visiting www.foxpool.com or sending emails to Fox Pool constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen
Fox Pool does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.foxpool.com only with
permission of a parent or guardian.

Cancellation/Refund Policy
For users that choose to sign up for our newsletter/email communications, these Users have the
option to opt out at any time. For refund/cancellation policy information or discrepancies regarding
Fox Pool products, please contact customerservice@cardinalsystemsinc.com

Links to Third Party Sites/Third Party Services
www.foxpool.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of Fox Pool and Fox Pool is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Fox Pool is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Fox Pool of the site or any association with its operators.

Certain services made available via www.foxpool.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the www.foxpool.com
domain, you hereby acknowledge and consent that Fox Pool may share such information and data
with any third party with whom Fox Pool has a contractual relationship to provide the requested
product, service or functionality on behalf of www.foxpool.com users and customers.


No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.foxpool.com strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to Fox Pool that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Fox Pool or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Fox Pool content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Fox Pool and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Fox Pool or our licensors except as expressly authorized by these
Terms.

Third Party Accounts
You will be able to connect your Fox Pool account to third party accounts. By connecting your
Fox Pool account to your third party account, you acknowledge and agree that you are consenting
to the continuous release of information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want information about you to be shared in this
manner, do not use this feature.

International Users
The Service is controlled, operated and administered by Fox Pool from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Fox Pool Content accessed
through www.foxpool.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Fox Pool, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Fox Pool
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Fox Pool
in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Fox Pool agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FOX POOL AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FOX POOL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FOX POOL AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL FOX POOL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
FOX POOL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.

Termination/Access Restriction
Fox Pool reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania
and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all
disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including, without limitation,
this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Fox Pool as a result of this agreement or use of the Site. Fox Pool’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of Fox Pool’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by Fox Pool
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Fox Pool with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Fox Pool
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.

Changes to Terms
Fox Pool reserves the right, in its sole discretion, to change the Terms under which
www.foxpool.com is offered. The most current version of the Terms will supersede all previous
versions. Fox Pool encourages you to periodically review the Terms to stay informed of our
updates.

Contact Us
Fox Pool welcomes your questions or comments regarding the Terms:

Fox Pool
3490 Board Rd
York, Pennsylvania 17406

Email Address:
info@cardinalsystemsinc.com

Telephone number:
1-800-723-1011

Effective as of May 16, 2022