Pool Pass Legal Information
THE FINE PRINT
You may use this pool pass at any participating swimming pool location by simply handing it to the cashier for entrance to the facility. Additional value may be added to this card in accordance with this program. This is not a credit/debit card and has no implied warranties. Pool passes may not be used to make online reservations or used to buy goods. Tennessee State Parks is not responsible for lost, stolen or damaged cards or any unauthorized card use.
POOL PASSES; BALANCE; REDEMPTION.
Tennessee State Park (“TSP”) Pool Pass include Pool Passes that are automatically added to your Balance when you “reload” your balance, receive an “allowance”, or use a Pool Pass barcode. Your TSP Balance provides the total remaining funds of all Pool Passes that have been applied to your TSP account but not yet applied to a purchase. We may refer to your Balance as your “TSP Balance” or “Pool Pass balance”. To inquire about your TSP Balance, contact 615-532-0022. Purchases are deducted from your TSP Balance. Any unused TSP Balance will remain associated with your TSP account. If a purchase exceeds your TSP Balance, the remaining amount must be paid with another payment method. Pool Passes may only be redeemed toward the entry to participating swimming pool facilities provided by TSP. Redemption of Pool Passes is subject to change in TSP’s sole discretion.
LIMITATIONS.
Neither your TSP Balance nor your Pool Pass may be used to purchase other Pool Passes. Pool Passes cannot be resold, transferred for value, redeemed for cash, or refunded except to the extent required by law. No portion of your TSP Balance may be transferred to another TSP account.
RISK OF LOSS.
The risk of loss and title for Pool Passes pass to the purchaser upon our electronic transmission of the Pool Pass to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Pool Pass is lost, stolen, or destroyed, or if your TSP Balance or any Pool Pass is used without your permission.
USE OF TSP BALANCE OR ANY POOL PASS IN VIOLATION OF THESE TERMS AND CONDITIONS.
We reserve the right to void Pool Passes (including as a component of your TSP Balance), close customer accounts, and bill alternative forms of payment if we suspect that a Pool Pass is obtained, used, or applied to an TSP account (or your TSP Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
LIMITATION OF LIABILITY.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO POOL PASSES OR YOUR TSP BALANCE , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A POOL PASS IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT POOL PASS. 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
DISPUTES.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GENERAL TERMS.
No fees apply to Pool Passes. When you purchase, receive, or apply a Pool Pass to your account, or your TSP Balance to a purchase, you agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and TSP and its affiliates related to your use of a Pool Pass or your TSP Balance. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
TSP BALANCE EXPIRATION.
The portion of your TSP Balance made up of Pool Passes does not expire and may be applied to your TSP account and applied to eligible purchases.