In using this website, software, and services you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement, Acceptable Use Statement, and Disclaimer Notice and any or all Agreements:
“Patron”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
“Client” and “Organization” refers to an entity or organization accessing this website and accepting the Company’s terms and conditions and requesting Patrons to access this website.
“The Company”, “Ourselves”, “We” and “Us”, “Service”, “AGS” refers to our companies, Access Granted Systems, LLC, PoolPass software, and Swimming Pool Passes services.
“Party”, “Parties”, or “Us”, refers to both the Patron, the Client and Ourselves, or either the Patron, the Client or Ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Patron and the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Patron and the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Maryland Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Description of Service
We provide an array of services and products to organizations to control access to their facility including this website and websites owned by our company (“Service” or “Services”). The services offered to patrons are controlled by organizations, most commonly property management companies, membership organizations, facility owners, or pool owners.
Refunds Policy
All transactions and sales issued by our Company are final. No refunds shall be offered for unused passes or Services of any kind for any reason. Reasons include but are not limited to weather, equipment mechanical breakdown, closure of facility, revoked facility privileges, suspended facility privileges, printer malfunctions, loss of pass, theft of pass, and change in community policy. In the event a client issues a refund to a Patron, our Company’s fees are charged to the Client. We reserve the right to issue refunds directly to the patron without the account administrator’s approval.
Acceptance of the Terms and Conditions
You must be of legal age to enter into a binding agreement in order to use this website, software, and accept the terms. If you do not agree to any part of the terms, do not use any of our Services. If you are a Patron, contact your organization. If you accept the terms, you may continue using the website and Service.
Communications from our company
Patrons do not receive newsletters or marketing material from us. The Service may include certain communications from our company, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services.
User Signup Obligations
You need to sign up for a user account by providing all required information in order to access or use the services. If you represent an organization and wish to use the services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
Warranty
Our Company warrants that all materials used in completing this agreement will be made of high quality material and will be done in a competent and workmanlike manner. Any pass defect appearing within twelve (12) months of the completion thereof will be replaced. Machinery and/or other manufactured items purchased by The Company for use by the Patron or the Client are subject by the manufacturer’s guarantees. We use the United States Postal Service to deliver facility passes. If a household’s passes are not delivered within ten (10) days of the pass request, our company will provide the household with one additional set at no charge. Request must be made within 90 days.
Availability, Internet, & Hardware
You may connect to the Services using any internet browser. You are responsible for obtaining access to the internet and the equipment necessary to use the services. We do not offer hardware or internet support.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the service. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyze trends, administer the services, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this service by linking to it.
Links from this website and service
We do not monitor or review the content of other party’s websites which are linked to from this service. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company. The brand names and specific services of this Company featured on this web site are trademarked.
Communication & Support
We have several different departments to address different queries. To contact our Company, go to: https://accessgrantedsystems.com/contactus/
Our company does not accept telephone calls inquiring about specific patrons accessing specific facilities. Those queries are directed to the organization. Patron telephone calls are not returned or forwarded.
Our company does not have a help line and does not offer 24/7 support. To request support, go to: https://accessgrantedsystems.com/contactus/ or request support through our software interface.
It is recommended any forward facing patron websites & services have help text and directions for patrons requesting help.
General
The laws of the state of Maryland govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Maryland courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.
Patron Accounts
Patron’s information submitted through our services are controlled by our clients and organizations. They are the owners (controllers) of the information and responsible for patron accounts. For more information, read our Privacy Policy and Acceptable Use Policy.
Administrators & Organization Accounts
When a client or organization signs up for our services, you may specify one or more administrators. The administrators will have the right to configure the account based on your requirements. Only account administrators may make changes to the organization’s account. Administrators agree to pay Assess Granted Systems, LLC their account’s software subscription fees, services, products, and any other fees configured in their account. If your account is created and configured on your behalf by a 3rd party, make sure you enter into a suitable agreement with such 3rd party. The account administrator is responsible for i) ensuring confidentiality of your organization’s passwords, ii) appointing competent individuals as administrators for managing your organization’s account, iii) ensuring that all activities that occur in connections with your organization, comply with this agreement.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to help@accessgrantedsystems.com, provided that the process is acceptable to AGS. In the absence of any specified administrator account recovery process, AGS may provide control of an administrator account to an individual providing proof satisfactory to AGS demonstrating authorization to act on behalf of the organization. You agree not to hold AGS liable for the consequences of any action taken by AGS in good faith in this regard.
Organization Fees & Invoicing
Processing, household, pass, and patron fees are tallied per month. Invoices are issued to the client for fees incurred. Client accounts with invoices thirty (30) days overdue may be closed at any time. Tally reports are issued monthly. Data is retained for one (1) year and then permanently deleted. Monthly Plans access is paid in advance and auto debited from a credit card on file. Upon closing a monthly plan, the database is deleted. Monthly plans can upgrade to a seasonal or annual plan at any time.
Client Pay-outs
Fees collected on behalf of the client are credited to the client’s account. Clients with a positive balance are issued pay-outs once a month. The pay-out cycle ends on the last day of the month. The pay-out is issued 5-14 days after the end of the cycle. The default pay-out method is mailed check. Tally reports are issued monthly. Data is retained for one (1) year and then permanently deleted.
Patron Payment Dispute Fee
AGS provides a service on behalf of the community. If the service is paid via check, the service is provided prior to the check being cleared. If the service is paid via credit card, the patron can dispute the payment at a later date. In any case when the bank does not pay AGS, the community’s account will be charged the payment plus a $40 processing fee. AGS will notify the community if this occurs.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.
Facility Address List
Administrators may upload a community address list or pre-existing membership list into the service. It is the client’s responsibility to manage their community address list or membership list. Managing a community address list or membership list in not part of the service.
Application Processing
Clients may elect to have Access Granted Systems, LLC employees manage their application submissions. Administrators will provide application processing directions. Limitations apply.
Application processing does not include updating or referring to a facility address list or pre-existing membership lists.
Access Granted Systems, LLC employees will follow the directions in conjunction with membership data to process applications. Application submissions have three outcomes; Processed, Declined, or Held.
Processed applications are considered complete and are not intended to be revisited by any party. Household information is transferred to the check-in software. Passes are printed and mailed if requested.
Declined applications are completed but the applicant’s requests are not honored. Household information is not transferred to the check-in software. Passes are not printed and mailed.
Held applications are completed but the applicant is missing information. Household information is not transferred to the check-in software. Passes are not printed and mailed.
Application Waivers & Signed Documents
Communities can elect to include signed waivers, pool rules, and additional signed documents onto the application. Asses Granted Systems, LLC is not a law firm. Consult with your lawyer prior to using this service. Application fields that merge are limited to Submitter’s Name, Submission Date, Submitter’s Signature, and Address. For more information, visit: https://accessgrantedsystems.com/waivers
Marketplace
Organizations and patrons that utilize the PoolPass Marketplace service must comply with the PoolPass Marketplace Terms and Conditions. For more information, visit: https://portal.pool-pass.com/patron/terms
Billing Portal
Organizations and patrons that utilize the PoolPass Billing service must comply with the PoolPass Billing Terms and Conditions. For more information, visit: https://portal.pool-pass.com/patron/billing/terms
Suspended Patron Access to the Facility
Clients may activate or suspend a patron’s access to the facility using the services. Asses Granted Systems, LLC does not and will not suspend or un-suspend patrons or households, including clients that elect full-service application processing. It is the client’s or organization’s responsibility to manage this aspect of the service.
Privacy Policy
This privacy policy will help you understand what personal information we collect, how it is used, and with whom it can be shared.
Who is my personal information shared with?
Access Granted Systems, LLC is contracted by organizations, most commonly property management companies, membership organizations, facility owners, or pool owners. Information is shared only with the organizations you have requested access to. For example, if you have applied for Pool A, we will not share information with Pool B.
Access Granted Systems, LLC will not sell, share, or rent your personal data to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
Why does Access Granted Systems, LLC collect personal information and how is it used?
Access Granted Systems, LLC collects personal information for two purposes.
Use by Access Granted Systems, LLC
Patrons may be prompted to provide personally identifiable information such as name, address, email, etc when they create an account, make a purchase, pay an invoice, submit an application, or submit any form. This information is used to produce facility identification cards and communicate with the patrons quickly and efficiently.
Use by organizations using Access Granted Systems, LLC websites or products
Organizations may request additional personal information using Access Granted Systems, LLC’s website or products. This information is used to enforce its facility rules, pass policy, and/or bylaws. See Acceptable Use Policy. These organizations are the owners (controllers) of the information submitted through Access Granted Systems, LLC.
How else does Access Granted Systems, LLC use personal information?
We use technologies like cookies, web beacons, or unique identifiers to anonymously identify your computer or device so we can better serve you. When you access our website, we collect anonymous information that is not personally identifiable. There is no association made between this information and your identity. We use this information and share it with your affiliates to improve its contents and improve your experience. Analytics companies may access anonymous data to help us understand how our services are used. They use this data solely on our behalf to benefit you.
How else does my organization, management company, or facility owner use personal information?
Please be aware that we are not responsible for the privacy practices, or content, of these organizations or companies. We encourage our users to be aware when they use our site & to read the privacy statements of these organizations or companies. You should evaluate the security and trustworthiness of any other organization or company connected to this site or accessed through this site yourself, before disclosing any personal information on Access Granted Systems, LLC’s websites or products.
How is personal information protected?
Protecting the privacy and security of your and the community’s patrons is important to Access Granted Systems, LLC. Our service is designed with the security of your community in mind. All personal data is stored on industry leading secure servers and is protected by a multi-leveled firewall. Limited data retrieval is only possible through published, company-validated interfaces protected by login/password.
.We take reasonable steps to secure your personal information against unauthorized users. However, no security method can guarantee to protect information from hackers or human error.
Can I access or delete my personal information?
To request access or delete personal information form Access Granted Systems, LLC, contact us at help@accessgrantedsystems.com.
Access Granted Systems, LLC may modify this Privacy Policy at any time without notice. By using our website, service, and/or products, you signify your acceptance of this Privacy Policy.
Acceptable Use Policy
This Acceptable Use Policy governs the usage of products and services of Access Granted Systems, LLC or of any third party which are subscribed to or obtained through Access Granted Systems, LLC (the “Services”).
Acceptable Uses
Access Granted Systems, LLC Services are designed for community swimming pools, membership facilities, or membership base organizations. Organizations may use, but are not limited to the following Services:
- Managing access to a facility
- Application and/or processing approvals for accessing a facility
- Printing, mailing, distributing identification cards
- Enforcing rules, policies, and/or bylaws
- Communicating with members or patrons
- Collecting applicable membership or access fees
Prohibited Uses
The uses of Access Granted Systems, LLC Services set forth in this section herein below are prohibited. Engaging in any prohibited use as set forth herein by you constitutes a material breach of these terms and will subject your account to immediate termination without notice and without any refund.
- Spamming
- Selling or offering illegal goods or services
- Posting or disclosing any personal or private information without the consent of said party (or a parent’s consent in the case of a minor)
- Posting, transmitting, displaying or otherwise make available obscene, defamatory, harassing, abusive or threatening language
Site Security and Updates
Access Granted Systems, LLC uses industry standard means of security in connection with the Services. It is exclusively your obligation to maintain and control passwords to your account, and/or web site(s). You exclusively are responsible for all activities that occur in connection with your username, password, accounts, and registered domain name(s). You agree to immediately notify Access Granted Systems, LLC of any unauthorized uses of the Services or any other breaches of security.
PCI Disclaimer
Access Granted Systems, LLC is PCI compliant. Using our system does not relieve the customer from fulfilling its own requirements under PCI DSS.
Access Granted Systems, LLC may modify this Acceptable Use Policy at any time without notice. By using our website, service, and/or products, you signify your acceptance of this Acceptable Use Policy.
These terms and conditions form part of the Agreement between the Patron, the Client, and ourselves. Your accessing of this website and/or submitting an application and/or making a purchase and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.