Terms of Sale

TERMS OF USE

This web site, including any portion of this web site accessible through the homepage, or any mobile version thereof (collectively, the “Site”) is published and maintained by Tallman Pool & Beach Club and its subsidiaries, affiliates and/or related entities (“Tallman Pool Club”). This document constitutes a legally binding agreement made between you and Tallman Pool Club concerning your access to and use of the Site. By accessing, browsing, or using the Site you agree to be bound, without limitation or qualification, to the terms of use (“Terms of Use”) set forth below. These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device, or any other technology or device now known or hereafter developed (each a “Device”).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to access or use the Site.
Under no circumstances will Tallman Pool Club be responsible for any wireless charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) for access or use of the Site.

Tallman Pool Club reserves the right to modify, change, alter or otherwise edit these Terms of Use at any time by updating this posting. By continuing to use the Site after Tallman Pool Club publishes any changes, you agree to be bound by such changes. Tallman Pool Club recommends that you periodically visit this page to review the then current Terms of Use. If you do not agree to these Terms of Use, or to any modification thereof, you are not authorized to use the Site.

USE OF THE SITE

This Site is only for your personal use. As long as you comply with these Terms of Use, Tallman Pool Club grants you a non-exclusive, non-transferable, non-sublicensable, limited right to enter, display and use the Site.

The words “use” or “using” in this Terms of Use, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever.

You agree that your use of the Site will comply with all applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect Tallman Pool Club, including engaging in or attempting to engage in the following conduct:

  • Interrupting the operation of this Site in any manner whatsoever, including by imposing an unreasonable load on the Site’s infrastructure;
  • Deleting or revising any material or other information of any other user, Tallman Pool Club, or any third party;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Site;
  • Posting advertisements or solicitations of business other than those explicitly approved by Tallman Pool Club;
  • Defeating, investigating, or providing information concerning methods of defeating Site security mechanisms, including by allowing another person to access the Site using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
  • Engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Site, or which, in Tallman Pool Club’ judgment, exposes Tallman Pool Club or any of its users, customers, or suppliers to any liability or detriment of any type;
  • Engaging in conduct affecting Tallman Pool Club adversely or reflecting negatively on Tallman Pool Club, the Site, Tallman Pool Club goodwill, name or reputation or causing duress, distress or discomfort to Tallman Pool Club or anyone else, or discouraging any person or entity from doing business with Tallman Pool Club; or
  • Taking any other action that could endanger or cause damage to Tallman Pool Club, other users of the Site, or other third parties.

Tallman Pool Club may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your license to access the Site or initiation of civil or criminal legal proceedings. Under these circumstances, Tallman Pool Club may also investigate your use of the Site and provide information about your use to law enforcement.

CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS

This Site may contain contests, sweepstakes or other promotions (“Promotions”) that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter.

PROMOTIONS AND ADVERTISING

Tallman Pool Club or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any promotional event is subject to the terms of use associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You acknowledge that neither Tallman Pool Club nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties.

INTELLECTUAL PROPERTY RIGHTS

The content on the Site (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Tallman Pool Club, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, text and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Tallman Pool Club in the U.S. and/or other countries ‘s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Tallman Pool Club. Company Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Tallman Pool Club is prohibited. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Tallman Pool Club reserves all rights not expressly granted to you in and to the Site and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Site or the Company Content therein.

THIRD PARTY WEBSITES AND CONTENT

The Site contains (or you may be sent through the Site) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the website.

PRIVACY

We care about the privacy of our users. Please review the Tallman Pool Club’s Privacy Policy. By using the Site, you are consenting to the terms of Privacy Policy.

AVAILABILITY OF PRODUCTS AND SERVICES

The products and services displayed on this Site are intended for sale in the United States only and may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.

SITE INFORMATION REGARDING TALLMAN POOL CLUB PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY TALLMAN POOL CLUB WITH RESPECT TO ANY PRODUCT OR SERVICE AND TALLMAN POOL CLUB HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY. MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.

DISCLAIMER

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TALLMAN POOL CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT TALLMAN POOL CLUB WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND TALLMAN POOL CLUB CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. TALLMAN POOL CLUB THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TALLMAN POOL CLUB NEGLIGENCE OR GROSS NEGLIGENCE, WILL TALLMAN POOL CLUB, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF TALLMAN POOL CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
TALLMAN POOL CLUB DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. TALLMAN POOL CLUB ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL TALLMAN POOL CLUB TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

INDEMNIFICATION

You agree to indemnify, defend and hold Tallman Pool Club and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation attorneys’ fees and costs), incurred by the Indemnified Parties in connection with your use of the Site or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in Tallman Pool Club’ defense of any such claim. You agree that Tallman Pool Club shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that Tallman Pool Club, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving Tallman Pool Club, whether or not the settlement binds or is on behalf of Tallman Pool Club, without the written consent of Tallman Pool Club.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Site or are otherwise a user of the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, TALLMAN POOL CLUB RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY, ACCESS TO AND USE OF THE SITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND TALLMAN POOL CLUB MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, DELETE YOUR PROFILE IF APPLICABLE) AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN TALLMAN POOL CLUB’S SOLE DISCRETION.

n order to protect the integrity of the Site, Tallman Pool Club reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Site. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

MODIFICATION OF TERMS OF USE

Tallman Pool Club may modify these TERMS OF USE at its sole discretion. Tallman Pool Club is not required to provide you with notification that any such modification has been made. It is your responsibility to review these TERMS OF USE from time to time to be aware of any such modifications. Each time you log on to the Site, you will be deemed to have accepted any such modifications.

DISPUTES

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Site shall be governed and construed by the law of the State of New York, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Tallman Pool Club arising out of or related in any respect to this Site shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over New York County, New York; subject, however, to the right of Tallman Pool Club, at its sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL TALLMAN POOL CLUB OR ITS MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF TALLMAN POOL CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TALLMAN POOL CLUB’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TALLMAN POOL CLUB DURING THE PERIOD OF 12 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NOTICES

Except as explicitly stated otherwise, any notices given to Tallman Pool Club shall be given by email <> Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by email, regular mail or discussion forum postings.

CORRECTIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Tallman Pool Club reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Tallman Pool Club regarding the use of the Site. The failure of Tallman Pool Club to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Tallman Pool Club may assign any or all of its rights and obligations to others at any time. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.