Use Rights; Restrictions.
Subject to the terms of this Agreement, BYOP grants to You during the
Subscription Term the non-transferable (except as permitted below):
Terms and Conditions:
By accepting the terms of this agreement you will agree to hold harmless Build Your Own Pool, LLC and its ownership, employees and the individuals associated with your pool plans, designs and advice given during the planning, construction and the operation of your pool and/or any products designed with the pool. In addition, you will release any liability from injury, damage or consequences that arise out of the planning or construction of your swimming pool or the delivery of services during or after your pool project.
Although Build Your Own Pool, LLC (BYOP) will provide you with plans and details for the construction of your pool, we are not a regulatory agency, state or federal official or community housing association expert. The laws and requirements vary widely and you must be aware of and verify that your plans and construction of your pool meets all of these requirements.
In addition, you also agree to purchase and take delivery of the pool equipment necessary for the operation of your pool based on the plans designed during the Build Your Own Pool process. AZ Wholesale Pool Equipment offers a competitive pricing structure that was designed for the BYOP customer. The operation and subsequent follow-up during the pool building process is facilitated by the use of proper construction methods, the use of licensed, bonded sub-contractors and the purchase and use of the equipment specified by your pools design.
Ensure you verify the contractor status with local licensing agencies as well as the state bonding status with regarding to insurance capability and capacity of those sub-contractors you choose. Check with your home owner’s insurance company to understand your coverage in case of damage or injury of those connected to your pool construction project.
The designs, plans and pictures that we provide are for the use of planning and implementing the Build Your Own Pool program. They do not ensure the proper and complete construction success or meeting guidelines of all local, state and federal regulations for construction or code requirements.
All plans, designs and pictures remain the property of Build Your Own Pool, LLC. Any pictures, experiences of your pool construction can be used for subsequent marketing and use in the promotion of BYOP and its affiliates without recourse or compensation by you (BYOP client) or those included with such digital submissions.
During the Subscription Term, You will be entitled at no extra charge to access online user guides, knowledge bases and self-help tools, and any additional standard technical support resources (collectively, “Technical Support”) for the BYOP Service offered by BYOP from time to time, the terms of conditions of which may be described and updated from time to time on the support or customer care sections of the relevant BYOP website (www.BYOP.net). BYOP reserves the right to modify the posted terms and conditions for Technical Support, at any time at its sole discretion.
Intellectual Property Rights.
BYOP shall retain all right, title and interest (including all copyrights,
patents, service marks, trademarks and other intellectual property rights) in and to the BYOP Service
and BYOP Materials (including application development, business and technical methodologies, and
implementation and business processes, used by BYOP to develop or provide the BYOP Service or BYOP Materials), and any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes relating to any of the foregoing. Except for the limited access and use rights granted pursuant to this Agreement, You do not acquire any interest in the BYOP Service or BYOP Materials. You agree that any suggestions, enhancement requests, feedback, recommendations or other information provided by You or any of Your Authorized Users relating to the BYOP Service or the BYOP Materials may be used by BYOP without restriction or obligation to You.