Terms of Use
Effective Date: Mon Jul 02, 2018
Aquaholic Aquaculture, LLC Terms of Use
I. Introduction
For the purposes of this agreement, "Terms" refers to Terms of Use, and “Service” refers to any service provided by Aquaholic Aquaculture, LLC (the "Company"), which can be accessed via our website at www.AquaholicAquaculture.com. The terms “we,” “us,” and “our”, as used herein, refer to the Company. The terms "you", "your", "user", and "users" refer to you, as a user of the Service.
II. Consent
These Terms of Use govern your use of www.AquaholicAquaculture.com and its affiliated entities. Access to our Service is for personal and non-commercial use only. By accessing our Service, you accept our Privacy Policy and Terms of Use, and you agree, without limitation or qualification, to be bound by these Terms.
The Company may revise these Terms at any time. Your continued usage of the Services means that you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws.
III. Eligibility and Use
By using the Service, you represent that you are at least 18 years of age, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, submissions, and postings of information on or through the Services.
IV. Use Restrictions
The content on the Services, such as text, graphics, images, photographs, illustrations, trademarks, logos, and other materials ("Contents") is protected by United States copyright. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill are proprietary to Aquaholic Aquaculture, LLC.
Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms.
You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. You may not use the Services for any purpose that is unlawful. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates, and you may be subject to prosecution and damages.
V. Privacy and Security
The personal information that you submit to Aquaholic Aquaculture, LLC is governed by the Privacy Policy. There is inherent risk to using the Internet and submitting electronic information. We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
VI. User Submissions
User Submissions are non-confidential and non-proprietary. User Submissions may include, but are not limited to, comments, reviews, testimonials, posts, feedback, questions, answers, messages, images, uploads, ideas, suggestions, and materials. By making a Submission you acknowledge that you are solely responsible for your Submission, and you automatically grant Aquaholic Aquaculture, LLC and its affiliates a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, copy, modify, create derivative works from, publish, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or developed in the future. However, Aquaholic Aquaculture, LLC is not required to use any Submission.
In addition, you agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; hateful; discriminatory; defamatory; false; threatening; vulgar; pornographic; profane; abusive; invasive of another's privacy; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Furthermore, you agree that you will not make any Submission that is an advertisement or solicitation of business; a virus or other harmful computer code; or that restricts or inhibits any other user from the Services provided, or which, in the judgment of Aquaholic Aquaculture, LLC, exposes the Company or any of its affiliates or users to any liability or detriment of any type. Aquaholic Aquaculture, LLC has the right (but is not obligated) to record, investigate, and monitor all user Submissions for agreement with these Terms, and, in the event that a Submission violates these Terms, the Company has the full right to edit or delete the Submission and terminate the user who is responsible for the Submission(s) access to the Services.
VII. Promotions
Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions. Promotions may be modified or suspended by the Company at any time and without notice.
VIII. Product Images
While Aquaholic Aquaculture, LLC strives to display images on the Services that capture the Company's products as accurately as possible, it cannot guarantee that the product images shown on the Services exactly reproduce the products. Image discrepancy may depend on the color reproduction on your computer or mobile device, screen size and dimensions, and other factors that are outside of the Company's control.
IX. Terms of Sale
We reserve the right to refuse to process or complete any order you place with us for any reason.
X. Pricing, Offers, and Selections
Regular and sale prices, offers, and selections found on the Services may vary from those found at Aquaholic Aquaculture, LLC retail outlets. Prices, offers, and selections on the Services are subject to change for any reason and without notice.
XI. Risk of Loss, Shipments, Returns, Refunds, and Title
You acknowledge and consent that all products purchased through the Services are made pursuant to a shipment contract. This contract states that the risk of loss and title for such products transfers to you upon our delivery of the products to the shipping carrier.
At the Company's discretion, a refund, partial refund, or product replacement may be issued without requiring a return. For more information about Aquaholic Aquaculture, LLC's shipping and refund policies, please see the Shipping Policy page.
XII. Disclaimers; Limitation of Liability
All Contents available on the Services is provided for informational purposes only. The use of the Services or the Contents is at your own risk. The Contents on the Services could include technical inaccuracies or errors. Aquaholic Aquaculture, LLC may make changes or improvements at any time.
The Services and Contents or services included on or otherwise made available to you through our sites; servers; apps; or electronic communications are provided on an "As is" and "As available" basis without warranties of any kind either expressed or implied. To the full extent permissible by applicable law, Aquaholic Aquaculture, LLC disclaims all warranties of merchantability or fitness for a particular purpose. The Company does not warrant that the functions contained in the Services or Contents will be uninterrupted or error-free, free of viruses or other harmful components, or that defects will be corrected. You agree that Aquaholic Aquaculture, LLC will not be liable or held responsible for any damages of any kind arising from use of our Services and Contents. You hereby agree to defend, indemnify, and hold Aquaholic Aquaculture, LLC and our affiliates harmless from and against any and all claims, actions, demands, liabilities, costs, settlements, and other damages including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms of Use.
XIII. Termination
Aquaholic Aquaculture, LLC reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
XIV. Modification or Suspension of the Services
You agree that Aquaholic Aquaculture, LLC may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
XV. Applicable Laws
These Terms are governed in accordance with the laws of the State of Florida, United States of America. You and Aquaholic Aquaculture, LLC hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Florida for the adjudication or disposition of any claim, action or dispute arising out of these Terms, including the Privacy Policy.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
XVI. Class Action and Jury Waiver; Mandatory Agreement to Arbitrate on an Individual Basis
You acknowledge and agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or its affiliates shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
XVII. Copyright Notice and Take Down Procedures
The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may notify us in accordance with the DMCA process.
XVIII. Revisions or Modifications to these Terms
We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the top of the statement. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services. Your continued use of the Services after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Services.
XIX. Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Aquaholic Aquaculture, LLC on the Services, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Aquaholic Aquaculture, LLC with respect to the use of the Services and Contents.
Aquaholic Aquaculture, LLC Terms of Use
I. Introduction
For the purposes of this agreement, "Terms" refers to Terms of Use, and “Service” refers to any service provided by Aquaholic Aquaculture, LLC (the "Company"), which can be accessed via our website at www.AquaholicAquaculture.com. The terms “we,” “us,” and “our”, as used herein, refer to the Company. The terms "you", "your", "user", and "users" refer to you, as a user of the Service.
II. Consent
These Terms of Use govern your use of www.AquaholicAquaculture.com and its affiliated entities. Access to our Service is for personal and non-commercial use only. By accessing our Service, you accept our Privacy Policy and Terms of Use, and you agree, without limitation or qualification, to be bound by these Terms.
The Company may revise these Terms at any time. Your continued usage of the Services means that you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws.
III. Eligibility and Use
By using the Service, you represent that you are at least 18 years of age, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, submissions, and postings of information on or through the Services.
IV. Use Restrictions
The content on the Services, such as text, graphics, images, photographs, illustrations, trademarks, logos, and other materials ("Contents") is protected by United States copyright. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill are proprietary to Aquaholic Aquaculture, LLC.
Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms.
You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. You may not use the Services for any purpose that is unlawful. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates, and you may be subject to prosecution and damages.
V. Privacy and Security
The personal information that you submit to Aquaholic Aquaculture, LLC is governed by the Privacy Policy. There is inherent risk to using the Internet and submitting electronic information. We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
VI. User Submissions
User Submissions are non-confidential and non-proprietary. User Submissions may include, but are not limited to, comments, reviews, testimonials, posts, feedback, questions, answers, messages, images, uploads, ideas, suggestions, and materials. By making a Submission you acknowledge that you are solely responsible for your Submission, and you automatically grant Aquaholic Aquaculture, LLC and its affiliates a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, copy, modify, create derivative works from, publish, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or developed in the future. However, Aquaholic Aquaculture, LLC is not required to use any Submission.
In addition, you agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; hateful; discriminatory; defamatory; false; threatening; vulgar; pornographic; profane; abusive; invasive of another's privacy; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Furthermore, you agree that you will not make any Submission that is an advertisement or solicitation of business; a virus or other harmful computer code; or that restricts or inhibits any other user from the Services provided, or which, in the judgment of Aquaholic Aquaculture, LLC, exposes the Company or any of its affiliates or users to any liability or detriment of any type. Aquaholic Aquaculture, LLC has the right (but is not obligated) to record, investigate, and monitor all user Submissions for agreement with these Terms, and, in the event that a Submission violates these Terms, the Company has the full right to edit or delete the Submission and terminate the user who is responsible for the Submission(s) access to the Services.
VII. Promotions
Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions. Promotions may be modified or suspended by the Company at any time and without notice.
VIII. Product Images
While Aquaholic Aquaculture, LLC strives to display images on the Services that capture the Company's products as accurately as possible, it cannot guarantee that the product images shown on the Services exactly reproduce the products. Image discrepancy may depend on the color reproduction on your computer or mobile device, screen size and dimensions, and other factors that are outside of the Company's control.
IX. Terms of Sale
We reserve the right to refuse to process or complete any order you place with us for any reason.
X. Pricing, Offers, and Selections
Regular and sale prices, offers, and selections found on the Services may vary from those found at Aquaholic Aquaculture, LLC retail outlets. Prices, offers, and selections on the Services are subject to change for any reason and without notice.
XI. Risk of Loss, Shipments, Returns, Refunds, and Title
You acknowledge and consent that all products purchased through the Services are made pursuant to a shipment contract. This contract states that the risk of loss and title for such products transfers to you upon our delivery of the products to the shipping carrier.
At the Company's discretion, a refund, partial refund, or product replacement may be issued without requiring a return. For more information about Aquaholic Aquaculture, LLC's shipping and refund policies, please see the Shipping Policy page.
XII. Disclaimers; Limitation of Liability
All Contents available on the Services is provided for informational purposes only. The use of the Services or the Contents is at your own risk. The Contents on the Services could include technical inaccuracies or errors. Aquaholic Aquaculture, LLC may make changes or improvements at any time.
The Services and Contents or services included on or otherwise made available to you through our sites; servers; apps; or electronic communications are provided on an "As is" and "As available" basis without warranties of any kind either expressed or implied. To the full extent permissible by applicable law, Aquaholic Aquaculture, LLC disclaims all warranties of merchantability or fitness for a particular purpose. The Company does not warrant that the functions contained in the Services or Contents will be uninterrupted or error-free, free of viruses or other harmful components, or that defects will be corrected. You agree that Aquaholic Aquaculture, LLC will not be liable or held responsible for any damages of any kind arising from use of our Services and Contents. You hereby agree to defend, indemnify, and hold Aquaholic Aquaculture, LLC and our affiliates harmless from and against any and all claims, actions, demands, liabilities, costs, settlements, and other damages including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms of Use.
XIII. Termination
Aquaholic Aquaculture, LLC reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
XIV. Modification or Suspension of the Services
You agree that Aquaholic Aquaculture, LLC may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
XV. Applicable Laws
These Terms are governed in accordance with the laws of the State of Florida, United States of America. You and Aquaholic Aquaculture, LLC hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Florida for the adjudication or disposition of any claim, action or dispute arising out of these Terms, including the Privacy Policy.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
XVI. Class Action and Jury Waiver; Mandatory Agreement to Arbitrate on an Individual Basis
You acknowledge and agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or its affiliates shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
XVII. Copyright Notice and Take Down Procedures
The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may notify us in accordance with the DMCA process.
XVIII. Revisions or Modifications to these Terms
We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the top of the statement. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services. Your continued use of the Services after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Services.
XIX. Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Aquaholic Aquaculture, LLC on the Services, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Aquaholic Aquaculture, LLC with respect to the use of the Services and Contents.