Community Rules (Site Rules)
Registering and participating at PoolGeniusNetwork.com constitutes agreement to abide by the Peak Dynamics LLC Terms of Service (Peak Dynamics LLC is the company that owns this website). We reserve the right to modify these rules at any time without giving prior notice to you. Spammers - don't bother registering! Your posts and accounts will be deleted without warning. We vigilantly monitor for SPAM and you will be wasting your time and ours.
There is no charge for joining this Website! This is a community of individuals who share a common interest in the pool and hot tub industry. Please think before you post and keep your comments limited to the topic at hand and above all be nice. If you come across any violations to these guidelines or have any problems navigating the site, do not hesitate to let us know through the Contact Form. We'll be happy to address your concerns.
Friends don't always agree on everything or even on most things. They can agree to disagree. When that happens, they try to keep their discussions logical and free from name calling and so forth, or more often they just spend their time on other topics. They don't take every opportunity to express their disagreement, incite argument, insult each other, and fan flames. When they are incapable of avoiding this sort of thing, they become much more disruptive than welcome.
Most of us, while we welcome perspectives on all sides of any issue, would not invite a frequently and apparently intentionally disruptive or rude person to a gathering of friends at our homes, nor to any other gathering of friends that they are hosting. With this in mind please take some time to review our site guidelines:
We aim to ensure that the website is an enjoyable place that you want to visit time and time again. Our underlying philosophy is that the strength of the member relationships we build here is what sets us apart from the other boards - we are friendlier, more civil, more insightful, more mature and more fun.
* Personal attacks on others will not be tolerated. Challenge others' points of view and opinions, but do so respectfully and thoughtfully.
* Do not post unsubstantiated gossip, libelous remarks or directly misleading information.
* Stay on topic by keeping discussions relevant and on track.
* Do not post the same discussion more than once or in many websites.
* The language of this website is English. If you are not a native English speaker, do your best. We are glad to have you as a member and will be supportive and polite.
* Be mindful of yourself and others. This website is not a democracy; it is privately owned and we make the rules. If rules are violated we retain the right at our discretion to remove, edit or delete posts and if necessary ban or remove members. Any abuse toward our staff may/will result in immediate suspension of your account. Complaints about moderator decisions may not be made in posts; instead send a private message to a moderator, administrator or use the Contact Us form to reach the owner Cruisers Website. If a moderator deletes or edits one of your posts and you disagree with the action, contact the moderator concerned. Do not repost deleted material.
* We take the "be nice" rule VERY seriously! We do not tolerate ANY rudeness.
Please don't post it here if you wouldn't say it to your grandmother. Posts containing explicit, obscene or vulgar language, images or links to websites with adult content/images or punctuation marks designed to "trick" our obscenity filter will be removed. Discussion of politics and religion is permitted only in association with the topic of this website.
Welcome newcomers to our growing community. Many of our community's members have a wealth of knowledge and much to share. Please help new members learn about how to find information and resources and how to get involved in the Community.
Many participants have commercial interests associated with the website topic and bring valuable information and expertise to share. With a few specific exceptions (see registered vendor section), participants may not use the Website for commercial gain.
* Participants may not post to direct others to any pages at their own commercial website or website in which they have a commercial interest, including informational pages unless a vendor account has been established and then only in areas here where advertising is expressly permitted. Exception to this may be found in Signature standards (see below).
* Participants may not use the main Websites to direct others to the advertising Websites.
* Participants may not send out SPAM via our Private Message system.
* Members may have only one account. If duplicate accounts are discovered, they will be deleted or merged.
* Our user base is not a resource to be "mined" by individuals, groups, or businesses, for profit or not for profit.
* Participants may not bump threads unnecessarily. Bumping is posting useless information, posting one-liners or any other action to deliberately keep a thread hot.
* Trolling or cyber-bullying are NOT allowed and are grounds for account restriction or banishment. Trolling on this board includes posting controversial and often irrelevant or off-topic messages with the intention of (or anticipated result of) baiting other users into an emotional response or to generally disrupt normal, harmonious on-topic discussion, especially when a pattern of such posting is apparent.
Website members may use standard fonts available on the website. The standard font size is 2. The use of bold, large or colored fonts should be used sparingly. Posts containing inappropriate formatting will be removed or modified at our discretion; e.g. all caps or excessive color. E-mail and web address are not appropriate website user names.
About the First Amendment, censorship and your "right to free speech":
You do indeed have an absolute right to free speech. However this website is privately owned and requires members to abide by our rules and by the decisions of our staff. If you cannot accept these guidelines we encourage you to contact one of the many good web hosting companies out there to and exercise that right to your heart's content.
At times the moderation team will pull a post (or thread) out of the view of the general membership to discuss issues, arguments, or other concerns that might be going on in that discussion. When this happens please do NOT start another thread asking why the original post/thread was pulled the moderation team will either return the post/thread or communicate with the members involved about it being removed permanently and why.
Do not post protected / copyrighted content:
Information copyrighted or owned by any individual or entity other than the member should not be posted on the discussion websites without the consent of the owner. Copyrighted material includes images and text produced and owned by others. If such an event occurs, the individual posting the information shall be held solely responsible. You cannot legally post entire articles or news in the website without permission from the copyright holder. Even if you attribute the article correctly it’s still copyright infringement. Under Fair Use provisions you can legally post a small abstract of an article - or perhaps the opening paragraph. The exception to this rule is press releases; they are meant for distribution and can be copied and distributed. If you are not sure if you can copy something then always err on the side of caution and simply post a link to the material.
* Registered commercial vendors may have up to 3 signature lines and two links. Only one link may be to a site in which they have a commercial interest.
Classifieds posting rules:
Our classifieds system is offered as a benefit of membership. We expect ads placed to be related to the topic of this website.
* Place only one ad per item - do not post or repost an ad in more than one section of the classifieds.
* Do not place ads directing others to an e-bay or other online sale or directing others to another website.
* Ads may be removed by our staff at any time for any reason.
Commercial Parties (For-profit companies and Industry professionals):
The website does not discourage nor endorse any commercial entity and is not intended for soliciting business (authorized commercial parties must keep any post that hints at advertising strictly to the vendors websites). Our purpose is sharing knowledge so others can benefit. Pool Genius Network may, at it's discretion, grant vendor account status to industry professionals who are already members in good standing. Authorized commercial participants must adhere to all the website policies including these specifically set out for commercial participants.
* Members who have a commercial interest in participating in our community will be identified as commercial vendors at our discretion. We enforce a very strict policy regarding solicitation of our membership by commercial participants.
* Commercial vendors may not quote prices.
* Commercial vendors may not use any section of the website except a specific and private “Branded Groups" Website to discuss their products or services unless answering a direct question and even in this case vendors may not quote prices (unless in Vendors Websites).
* Commercial vendors may not use the main Website areas to direct others to the Vendors Websites.
* Commercial vendors may place a (1) link to their company website in their signature line (font size 2).
Dealer/Vendor and Customer Disputes:
This website is not intended to be a mechanism for people to vent frustrations about vendors or sales from private parties. Please settle your differences with the seller, manufacturer and dealer through the long-established legal or arbitration systems or the Better Business Bureau but not through our community.
Official Warnings and 3 Strikes System:
Our moderation team takes every effort to make sure members are aware of our rules before issuing an Official Warning or a Strike. It is customary (but not required) for the moderation team to send a Private Message (PM) to the member informing them of our rules and asking them to adhere to them in their ongoing participation.
Once we know a member is aware of our Community Rules and we see that he/she has violated them, we will issue an Official Warning. Following the Official Warning we use a 3 Strikes and you are out policy. If the member continues to violate our Community Rules we will give them a Strike for each violation and on the third Strike you will be banned. It is up to the moderation team to decide if this is a temporary or permanent ban.
We may delete accounts that have no posts. If the account has many posts, completely deleting the account can significantly disrupt thread continuity. In that event, we may (if requested) disable your account. When we disable your account we do the following:
• Remove or change the user name.
• Remove any info from the profile that might be identifying or replace it with fictitious info
• After doing all this - ban account
Where you make use of the communication features to share information with other individuals, however, (e.g., sending a personal message to another Pool Genius Network user) we generally cannot remove such communications. Also, if someone quoted your post, the original user name will be shown as having been quoted (which we cannot purge out).
If you would like to disable your account, you can do so at any time from you’re my Page area.
Someone has to interpret the above guidelines and how they apply to this website. Ultimately it's up to our site administrator to make this decision. If you have any questions about these guidelines, please feel free to contact us.
Additional Peak Dynamics LLC™ Terms of Service Agreement
You must be at least 13 years of age to use or become a member (“Member”) of the Websites. By using the Websites, you certify that you are at least 13 years old. If you are older than 13 but less than 18 years of age, you may only use the Websites under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
You hereby agree to refrain from engaging in any inappropriate conduct when using the Websites. Inappropriate conduct will not be tolerated and may result in the termination of member privileges. Inappropriate conduct is any conduct deemed by the Company to be harmful to the online community, including not limited to the following:
* posting any content deemed by us to be obscene, sexually explicit, vulgar, threatening, harassing, or abusive;
* posting content containing nudity or violence;
* soliciting personal information from anyone under 18 years of age;
* providing a hyperlink to any website containing nudity or violence;
* soliciting or promoting any criminal activity;
* posting content which promotes hatred of any race, ethnicity, sex, gender, or religion;
* transmitting unsolicited email to the Company or any member;
* impersonating any person or entity;
* posting advertisements or any other form of commercial solicitation without express authorization from the Company;
* infringing the intellectual property rights of any third party, including copyright, trademark, patent, privacy, publicity or other personal or proprietary rights;
* posting any defamatory or otherwise false information; and
* posting or transmitting computer viruses or any other malicious software.
We assume no responsibility to monitor the Websites but may do so at our discretion. Member posted content may be removed from the Websites at any time without prior notice.
The Websites may contain hyperlinks to other websites. If you leave the Websites via a hyperlink, you do so at your own risk. We do not investigate the accuracy of content posted on such hyperlinked websites, nor monitor them in any way. We do not endorse or approve the opinions expressed on any hyperlinked website and we are not responsible for the accuracy of the information provided therein. You should take precautionary steps to ensure that you are protected from harmful viruses, worms, Trojan horses, and other malicious software that may be contained in such hyperlinked websites.
Content Posted By Members
By posting content on the Websites you warrant that you are the creator and owner of the posted content, or that you have obtained prior written consent to post said content from a third party owner. When posting content originating from any third party, you agree to conspicuously post the name of said third party adjacent to said posted content. By posting content on the Websites, you also grant, and warrant that you have the authority to grant, the Company a limited license to display, reproduce, modify, and use any text, image, video, music, or any other content that you post on the Websites.
Procedure for Notifying the Company of Copyright Infringement
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Information describing where the allegedly infringing material is located on the Websites.
4. Your address, telephone number, and email address.
5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
The foregoing information may be emailed to firstname.lastname@example.org.
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.
THE WEBSITES ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS. THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE CONTENT APPEARING ON THE WEBSITES OR ANY HYPERLINKED WEBSITE. THE COMPANY DOES NOT ENDORSE THE OPINIONS EXPRESSED ON THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY MEMBER OF THE WEBSITES. THE COMPANY MAKES NO WARRANTIES OR REPRESENTIONS OF ANY KIND CONCERNING THE GOODS OR SERVICES WHICH ARE ADVERTISED ON THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY THE DOWNLOADING OF SOFTWARE OR OTHER MATERIALS BY ANY USER OF THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED TO ANY COMPUTER OR ONLINE SYSTEM RESULTING FROM USE OF THE WEBSITES. THE COMPANY DOES NOT APPROVE, ENDORSE, OR ENSURE THE ACCURACY OF ANY FOOD, FITNESS, OR HEALTH RELATED INFORMATION POSTED ON THE WEBSITES AND IMPLORES ALL USERS TO CONSULT WITH THEIR PERSONAL PHYSICIAN BEFORE MAKING ANY CHANGES TO THEIR HEALTH, DIETARY, OR FITNESS REGIMES.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR COMPUTER MALFUNCTION RELATED TO OR ARISING OUT OF THE USE OF THE WEBSITES OR ANY HYPERLINKED WEBSITE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THAT WHICH HAS BEEN PAID, IF ANY, BY YOU TO THE COMPANY.
You agree to indemnify and hold harmless, the Company, its members, managers, agents, and employees, from and against any and all claims, damages, and expenses, including reasonable attorney's fees, arising from your use of the Websites.
This Agreement constitutes the final agreement between you and the Company, superseding all prior agreements. By using the Websites, you agree to be bound by the Agreement. If any provision of this agreement is found to be void or unenforceable, that provision which is void or unenforceable shall be replaced with a valid provision which comes closest to fulfilling the purposes of this Agreement. The failure of the Company to enforce a provision of the Agreement does not constitute a waiver of any provision of the Agreement. You agree that the laws of the State of Arizona, without regard to conflicts of law provisions, will govern this Agreement and any dispute arising between you and the Company. Any action brought against the Company, its members, managers, employees, or agents related to the use of the Websites, must be brought in the state or federal courts of Maricopa County, Arizona, and you consent to the exclusive personal jurisdiction of such courts. Furthermore, the Company or you may demand that any dispute between you and the Company be submitted to confidential arbitration in Maricopa County, Arizona and will be conducted under the procedures of the American Arbitration Association. Please contact us at email@example.com if you have any questions concerning this Agreement.
Last updated by Rex Richard Mar 24, 2012.