Thank you for visiting the Terms and Conditions page of Aquacart, Inc's website. This page describes our legal agreement (the "Agreement") governing your use of Aquacarts's website at http://www.aquacarts.com/
1. Your Acceptance
BY USING AND/OR VISITING THE AQUACART WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF THE WEBSITE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.
2. Aquacarts, Inc. Website
3. Website Access
Aquacarts hereby grants you permission to view, display, and download a copy of the material on the website, provided that: (i) your use of the website as permitted is solely for your personal, or dealership use; (ii) you will not copy, republish or rebroadcast any part of the website, other than as expressly permitted herein, without Aquacarts prior written authorization; (iii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this agreement. This permission shall terminate automatically without notice if you breach this agreement.
5. Return or Refund Policy: Sorry, we cannot accept returns on Aquacart PWC Handling Equipment. Aquacarts has went to great lengths to ensure the tool you are ordering is able to help in your task to the best of its ability. Every application is different, so if you have any questions on which product is right for your application, please call us first. We will do every thing possible to suggest the optional equipment needed for the job. AquaCarts has a very tight quality control standard, if you receive something that you don't believe fits this criteria, we will work with you to repair or replace the defective part. We count on your satisfaction for referral and repeat business!
The original content of the Aquacart website, including without limitation to the text, software, graphics, photos, and images (“content”), are owned by Aquacarts, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Aquacarts reserves all rights not expressly granted in and to the website and the content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the content. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained herein. You may not otherwise reproduce, display, publicly perform, or distribute the content in any way for any public or commercial purpose.
Certain names, logos and/or slogans contained in the website, including all Aquacart logos and the marks "Aquacarts" are the trademarks of Aquacarts. Such marks may not be used without the express written authorization from the respective owners. Nothing on the website shall be construed as conferring any license under any of Aquacart's or its parent's trademark or other intellectual property rights.
8. User Submissions
The Aquacarts website may now or in the future permit the publication of communications or data posted by you and other users ("User Submissions"). Any user submission that you post to the Aquacarts website shall automatically be deemed non-confidential. By posting a user submission, you expressly grant Aquacarts a royalty-free, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, edit, distribute, display, and make derivative works of such user submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and further including the unfettered right to sublicense such rights.
You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you agree that you will not: (i) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage Aquacarts or any third party; (iii) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (iv) post advertisements or solicitations of business; (v) post chain letters or pyramid schemes; or (vi) impersonate another person.
Aquacarts does not endorse any user submission or any opinion, recommendation or advice expressed therein, and Aquacarts expressly disclaims any and all liability in connection with user submissions. Aquacarts does not screen communications in advance, and shall not be responsible for screening or monitoring user submissions. If notified by a user of a user submission that allegedly does not conform to this agreement, Aquacarts may remove or request the removal of the user submission.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AQUACARTS WEBSITE SHALL BE AT YOUR SOLE RISK. AQUACARTS PROVIDES THE WEBSITE AND CONTENT SOLELY ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AQUACARTS, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. AQUACARTS MAKES NO WARRANTIES WHATSOEVER ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS, LINKS, OR OTHER MATERIAL CONTAINED IN THE AQUACART WEBSITE. AQUACARTS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. AQUACARTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AQUACART WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AQUACARTS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY ONE ELSE OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL AQUACARTS, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE AQUACART WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You specifically acknowledge that Aquacarts shall not be liable for user submissions or the defamatory , offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
You further acknowledge that the use of motorized vehicles can be dangerous and may lead to serious injury or death, and that any information you receive through the website concerning the operation of motorized vehicles is for general reference and is not in any way a substitution for professional training. Your use of any such information is entirely at your own risk, as even proper operation and use of a motorized vehicle may not prevent serious injury or death.
You agree to defend, indemnify and hold harmless Aquacarts, any of it's parent companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Aquacart website; (ii) your violation of any term of this agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive this agreement and your use of the Aquacart website. Aquacarts shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.
12. Export Control
The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of the website outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of any material, including software or data.
You agree that: (i) the Aquacart website shall be deemed solely based in Indiana; and (ii) the Aquacart website shall be deemed a passive website that does not give rise to personal jurisdiction over Aquacarts, either specific or general, in jurisdictions other than Indiana. This agreement shall be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. Any claim or dispute between you and Aquacarts that arises in whole or in part from the Aquacart website shall be decided exclusively by a court of competent jurisdiction located in Indiana. This agreement and any other legal notices published by Aquacarts on the website, shall constitute the entire agreement between you and Aquacarts concerning the Aquacarts website. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and Aquacarts failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. Aquacarts reserves the right to amend this agreement at any time and without notice, and it is your responsibility to review the agreement for any changes. Your use of the Aquacarts website following any amendment of this agreement will signify your assent to and acceptance of its revised terms.
Now,......enjoy the site, and thank you for shopping at Aquacarts, Inc.!