The Pool Deck by Skimmer Community Terms & Conditions

Last update: April, 2024

The Pool Deck (“the Community”) is provided by Skimmer Inc. ("Skimmer") as a place to discuss all things related to Skimmer's products and services and the pool and spa industry more generally. The following rules and guidelines help you know what is expected of you and what you can expect from other members of the Community. 

By registering to use, access, or participate in the Community, you agree to be bound by all terms, conditions, and notices contained or referenced in these Skimmer Community Guidelines. If you do not agree to these Skimmer Community Guidelines, you may not participate in the Community. Skimmer reserves the right to update these Community Guidelines anytime. The latest version of these terms will be available in the “Welcome & getting started” forum and apply to all your visits to the Community, now and in the future.

Community members who want to participate in the Buying & Selling Routes & Equipment forum, please refer to section 5 for details. 

1. General guidelines.

a. We are here to help.

If you are new to the Community and need clarification, just ask. The Community moderators and other members are happy to help.

b. Stay on-topic. 

People are here because these professional topics interest them. Do not derail the conversations or discuss personal matters. Let’s use our collective brain power to enrich the discussion at hand and solve interesting issues in a way that benefits all of our members.  

c. Public content is public. 

Once you post your content in the Community forums, it becomes public to all members. Do not post any information that you do not wish to make public. You post at your own risk and responsibility.

d. No harassment of any kind. 

We want everyone to have a positive experience in the Community - so do not detract from the collective good. We will not tolerate posts, comments, or private messages that are bullying, sexist, racist, defamatory, indecent, threatening, invasive of privacy, or otherwise objectionable. You are not permitted to express or imply that the Community endorses any statements you make or actions you take or that indicate that you are an employee or representative of Skimmer unless you are an employee.

e. Keep it spam-free. 

Without a partnership agreement with Skimmer, do not use the Community to promote your services, products, websites, or organizations. Please do not post advertisements, junk mail, spam, or other unauthorized or unsolicited posts.

f. Keep it professional. 

While we welcome your opinions and encourage casual conversations, the Community is still a professional environment. Save the swearing for another time and place.

g. Be careful. 

Most members are happy to help in the Community but remember that their advice is theirs only. Skimmer does not endorse it, and you are responsible for deciding whether or not to follow it. If the advice given by a member sounds incorrect or risky, do not try it. If any member asks you for personal information, do not provide it. You agree you are solely responsible for and assume all liability regarding any interactions between you and other members of the Community. If members of the Community enter into agreements with each other, Skimmer is not a party to those agreements and cannot be held liable or accountable regarding those agreements. Be truthful in all your communications with other members of the Community.

h. Be respectful. 

Have healthy conversations around the industry and common challenges, but out of respect for the Community’s host, please refrain from discussing Skimmer’s pricing or comparison with competitors. If you do have comments about forum content or policies, connect with us via email at community@getskimmer.com. We welcome these discussions in the right channels.

i. Be yourself. 

Post as yourself. You are not permitted to register multiple accounts in the Community. Any member found active under multiple identities risks having one or more accounts suspended and their membership banned.

j. Keep it legal. 

You are solely responsible for and assume all liability regarding any information or content you post, transmit, publish, or otherwise make available to the Community. Do not post any material that would (i) infringe on any patent, trademark, copyright, or other proprietary rights of any third party or disclose any other confidential information, (ii) contain software viruses or any other computer code or files that disrupt, or damage any software or hardware, or (iii) be deemed to be illegal by any local, state, federal, or international law. 

Be aware of competition laws when you share details about your business with other members, such as forward-looking information on pricing, strategy, customers, and suppliers. While the exchange of information between competitors can be beneficial, if done for the wrong reason, a breach of competition laws can expose you to significant fines, reputational damage, and an action for damages. 

2. Skimmer retains the right to remove content and limit members' access. 

Skimmer does not generally edit, monitor, or pre-screen posted member content in the Community. However, Skimmer retains the right to limit any member's access to the Community, and moderators may take necessary action to enforce these Terms and Conditions to protect a positive experience for other members of the Community. Such actions may include editing or deleting content for any reason and temporarily or permanently banning individual members. Skimmer does not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted or generated by members of the Community, nor do we endorse any opinions expressed by members of the Community.

By registering to use, access, or participate in the Community, you represent that you are not a competitor of Skimmer and that you are not participating in the Community for reasons that are in direct competition with Skimmer.

Please report behavior that violates our guidelines to community@getskimmer.com. Please include the message board name and a link to the relevant post.

3. Private messages and moderator actions. 

Moderator actions and the contents of private exchanges with moderators and Skimmer employees should not be shared or discussed in public forums. Moderators will remove such material. If you have questions or comments regarding moderator actions, contact the moderator through private message or email community@getskimmer.com.

4. Improper Behavior.

You may not monitor, data-mine, or copy Community content, nor collect, archive, trade, or sell any personal data or communications about other members.

The use of any robot, spider, site search or retrieval application, or any other method or device to copy, retrieve, archive, or index any portion of the Community site is expressly prohibited.

5. Buying and Selling Routes and Equipment.

It is important to note that while Skimmer is happy to connect our members to help them realize their business goals, we are not responsible for any transactions that result from this group. By participating in this forum, you agree to be bound by the following terms and conditions:

Your participation in this forum and exchange of information with other participants is at your sole risk. This forum and content posted or exchanged herein is provided “as is” and without warranties of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

You acknowledge and agree that while Skimmer may host this forum, we are not charging a fee for our hosting services and are not a party to or in any way involved with transactions between members.

You acknowledge and agree we cannot be held liable for any claims that arise out of these transactions.

You agree to defend, indemnify, and hold Skimmer and its affiliates and their respective officers, directors, employees, successors and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) that may arise out of or relating to transactions you may enter into by virtue of your participation in this Forum.

6. Disclaimer of Warranties and Limitation of Liability. 

Members like you provide much of the material in the Community. Such third-party content is the sole responsibility of the person originating the material. Skimmer does not control and is not responsible for this third-party material.

ALL INFORMATION IN THE COMMUNITY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SKIMMER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR QUALITY OF ANY MATERIAL IN THE COMMUNITY, REGARDLESS OF THE SOURCE OF THE MATERIAL. NEITHER SKIMMER NOR ITS AFFILIATES, LICENSORS, LICENSEES OR SUPPLIERS, WILL BE LIABLE OR RESPONSIBLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY CONTENT IN THE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE MATERIAL OR FOR ANY LOSS, DAMAGE, INJURY CLAIM, LOST PROFITS OR OTHER CAUSE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY MATERIAL, INFORMATION OR OPINIONS ON OR THROUGH THE COMMUNITY. 

7. Limited License. 

Skimmer authorizes you to copy materials published by Skimmer in the Community solely for non-commercial use within your organization to support Skimmer’s products and services. No other use of the information is authorized. Considering this authorization, you agree that any copy of these materials you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring, by implication or otherwise, any license or right under any patent, trademark, copyright, or any other intellectual property right of Skimmer or any third party. VISITORS OR MEMBERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Content included in the Community and provided by or on behalf of Skimmer (including but not limited to text, graphics, logos, images, and forum posts) is the exclusive property of Skimmer. In addition, you acknowledge and agree that any data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Skimmer Software or any other Skimmer products or services (collectively, “Data”), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of Skimmer. Please do not post content in the Community if you do not want to grant Skimmer the above-mentioned rights.

By posting or submitting content or information in the Community, you automatically grant Skimmer a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content in the Community.

Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by Skimmer in its sole discretion; and Skimmer will have no obligation to you regarding any ideas or inventions that you disclose through such means. 

8. Trademarks. 

The trademarks, logos, and service marks ("Marks") displayed within the Community are the property of Skimmer or other third parties. Members are not permitted to use these Marks without the prior written consent of Skimmer or such third party that may own the Mark. "Skimmer" and all Skimmer product names are trademarks of Skimmer Inc.

9. Cookies. 

Choose which cookies you want to allow from three available settings: Basic, Normal, or Complete. You can adjust your choice in the cookie settings in the website footer. You do not need to turn cookies on to view forum postings. However, with cookies turned off, or if you do not accept the cookie from the forum, some things may not work or be displayed correctly. 

10. Third-Party Sites. 

The Community may contain links to third-party sites. Access to any other internet site linked to this website is at the member's own risk. Skimmer is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements on these sites. Skimmer provides these links for convenience, and including such links does not imply an endorsement. Any links you post are subject to all terms and conditions, just like any other content posted to the Community. You may not post a link that directs members to any content or information that would constitute a violation of the Community Terms and Conditions.

11. Indemnification.  

You will defend, indemnify, and hold Skimmer, its affiliates, contractors, employees, agents, and its third-party suppliers harmless from and against any third-party claims, losses, damages, liabilities, including attorney’s fees and expenses, arising from or related to (a) your use or attempted use of the Community in violation of these Terms and Conditions, (b) your violation of any law or rights of any third party, or (c) any submissions or content you post to the Community, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights. Skimmer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Skimmer, its affiliates, contractors, employees, agents, and third-party suppliers and you agree to cooperate with Skimmer’s defense of such claims.

12. No Representation as to Duration.

Skimmer makes no representation as to the duration of the Community and reserves the right to suspend, limit, or terminate the Community at any time and without notice.

13. Governing Law.

The Pool Deck by Skimmer Community Terms and Conditions, and any dispute or claim arising therefrom or related thereto, will be exclusively governed by and construed in accordance with the laws of the state of Texas without giving effect to any choice of law provision or rule (whether of the state of Texas or any other jurisdiction). Any dispute arising in connection with the Community will be subject to the exclusive jurisdiction of the federal courts of the United States or the courts of the state of Texas, in each case located in the city of Austin and the county of Travis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Privacy Policy.

Please refer to the Skimmer’s privacy policy, which contains guidelines on how Skimmer collects, uses, and protects personal information. 

The Community is hosted entirely by our third-party partner, Gainsight. Any information you provide to the Community or share via private messaging is governed by Gainsight’s privacy policy. If you have questions or wish to exercise any rights provided to you under the Gainsight privacy terms and conditions, you can direct your questions or requests to privacy@gainsight.com. 

15.  Questions, Concerns, and Suggestions.

If you have any questions, concerns, or suggestions regarding the Community, please contact community@getskimmer.com.