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TERMS AND CONDITIONS

 Last Revised: September 16, 2024

Welcome to the Thursday Pools website (the “Site”). This Site is operated by the manufacturer, Thursday Pools, LLC, (hereinafter “Thursday Pools”), and the content on the Site is owned by Thursday Pools, its affiliated companies, or third parties that post on the Site through a license from Thursday Pools.  Thursday Pools assumes no responsibility for any content provided by third parties. 

 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, 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.  These Terms and Conditions apply to all persons who visit this Site (“Visitors”), regardless of the level of participation, and set forth the legally binding terms governing the visit to this Site.

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. Thursday Pools 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 of any such changes shall constitute your acknowledgment of such changes and agreement to be bound by the Terms and Conditions of such changes. Thursday Pools 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, you are prohibited from using this Site.

NOTICE REGARDING SEPARATE, INDEPENDENT COMPANIES

Thursday Pools manufactures pool and spa shells, and sells those products to independent dealers and franchisees.  Those dealers and franchisees in turn resell those products to their customers when they install the shells.  Thursday Pools is not involved in the installation services provided by those dealers and franchisees, and is not a party to any installation services agreement, expressly or impliedly.

River Pools Franchising, LLC (“RPF”) provides franchise rights to its franchisees.  Those franchisees purchase pool and spa shells from Thursday Pools, and then resell those products to their customers when they install the shells.  RPF is not involved in the installation services provided by their franchisees and is not a party to any installation services agreement, expressly or impliedly.

Thursday Pools and RPF do not guarantee the installation services provided by dealers and franchisees or any other obligations or commitments of such dealers and franchisees, and affirmatively disclaims any liability with respect to such services, obligations or commitments.  Thursday Pools provides a warranty with its pool and spa shells, and its liability to any dealer or franchisee customer is strictly limited to the express terms of the warranty issued to the customer purchasing that product.

NOTICE AND DISCLAIMER FOR INFORMATION AND ILLUSTRATIONS


Thursday Pools provides the following Notice and Disclaimer to buyers in respect of the information and illustrations contained on websites, brochures, information sheets, and any other written material (“hereinafter referred to as “Published Information”):


Measurements and dimensions of all Thursday Pools products (including but not limited to swimming pools, spas, water features, equipment, testing results, testing and any other reference contained in “Published Information”) may vary from what is contained on “Published Information” to actual measurements and/or dimensions of Thursday Pools products;


Colors and finishes of all Thursday Pools products (including but not limited to swimming pools, spas, water features, equipment and any other reference contained in “Published Information”) may vary from what is contained on “Published Information” to actual colors and finishes of Thursday Pools products.


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, or information which has become outdated since the date published. All information contained in articles, blogs, forums, customer testimonials, Certificates of Recommendation, Dealer pages and any other Published Information may contain inaccuracies. Reliance on the contents of this Site for any purpose by you is at your sole risk. In certain areas, the information provided may represent an opinion or judgment. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Neither Thursday Pools nor its affiliates shall be responsible for any errors of any kind (typographical or otherwise).


INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Thursday Pools, its affiliates, or third party providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use this Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Site or any services or materials available through this Site. 

No right, title, or interest in or to the Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by Thursday Pools. Any use of this Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

TRADEMARK NOTICE


The Thursday Pools name, and all trademarks and logos displayed on this Site are owned or used under license by Thursday Pools. These trademarks include, but are not limited to, product brand names, slogans, logos, and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited. You agree that you shall not at any time apply for any registration of any copyright, trademark or other designation that would affect the ownership of the Thursday Pools trademarks nor file any document with any governmental authority to take any action that would affect the ownership of the Thursday Pools trademarks. You agree that you shall, at no time, use or authorize the use of any Thursday Pools trademark, trade name or other designation identical with or colorably similar to the Thursday Pools trademark.


CHANGES TO THE SITE


Thursday Pools and its 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. 


INDEMNITY AND HOLD HARMLESS


By using this Site, you agree that you will defend, indemnify and hold harmless Thursday Pools and its  affiliates, any person, business, dealer and/or franchisee that sells products manufactured by Thursday Pools, 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 violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Thursday Pools 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 Thursday Pools defense of such claim.


DISCLAIMER


Thursday Pools 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.


Thursday Pools, its affiliates, and third party providers of information, 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 this Site, or otherwise with respect to the information, materials, content, availability, and products. To the extent permitted by applicable law, Thursday Pools disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Thursday Pools is 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, THURSDAY POOLS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, MEMBERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. THURSDAY POOLS, ITS AFFILIATES AND THIRD PARTY 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 RESULTING FROM YOUR ACCESS TO AND USE OF THIS 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 THIS SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS 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 THIS SITE. THURSDAY POOLS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THURSDAY POOLS 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 THURSDAY POOLS, ITS AFFILIATES, OR THIRD PARTY INFORMATION PROVIDERS, OR THEIR AGENTS, ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.


MISCELLANEOUS


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 this Site or the services provided on this Site. This Site is operated from the United States of America. These Terms and Conditions are governed by and construed in accordance with the laws of Hancock County, Indiana, United States of America, 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. Thursday Pools’ 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 such 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 solely in the Federal or State courts located in Hancock County, Indiana, United States of America, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.


Thursday Pools strongly recommends that diving boards and slides not be installed or used with the pools it manufactures, given the inherent dangers associated with diving boards and slides in residential pools.  If, despite this warning and recommendation, the owner decides to install or use a diving board or slide, Thursday Pools further warns that diving boards and slides require minimum depths and distances and must be installed and used in strict compliance with the equipment manufacturer’s specifications and ANSI/NSPI, ANSI/APSP, and ANSI/APSP/ICC standards. The owner is responsible for making sure the pool is appropriate for diving boards and slides and otherwise meets all standards for diving pools.

 

Specific questions regarding these Terms and Conditions or any other legal matters should be directed to:


Thursday Pools LLC
Attn: Legal Department
840 Commerce Pkwy
Fortville, IN 46040