TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL
ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE
TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1.
Products,
Content and Specifications. All features, content, specifications, products
and prices of products and services described or depicted on this Web Site are
subject to change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience purposes
only. We make all reasonable efforts to accurately display the attributes of
our products, including the applicable colors; however, the actual color you
see will depend on your computer system and we cannot guarantee that your
computer will accurately display such colors. The inclusion of any products or
services in this Web Site at a particular time does not imply or warrant that
these products or services will be available at any time. It is your
responsibility to ascertain and obey all applicable local, state, federal and
international laws (including minimum age requirements) in regard to the
possession, use and sale of any item purchased from this Web Site. By placing
an order, you represent that the products ordered will be used only in a lawful
manner. Any and all videocassettes, DVDs and similar
products sold are for private, home use (where no admission fee is charged),
non-public performance and may not be duplicated.
2. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. We will file file any claims with UPS for damaged and/or lost shipments on your behalf.
3.
Accuracy
of Information. Premium Aquatics attempts to ensure that information on
this Web Site is complete, accurate and current. Despite our efforts, the
information on this Web Site may occasionally be inaccurate, incomplete or out
of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For
example, products included on the Web Site may be unavailable, may have
different attributes than those listed, or may actually carry a different price
than that stated on the Web Site. In addition, we may make changes in
information about price and availability without notice. While it is our
practice to confirm orders by email, the receipt of an email order confirmation
does not constitute our acceptance of an order or our confirmation of an offer
to sell a product or service. We reserve the right, without prior notice, to
limit the order quantity on any product or service and/or to refuse service to
any customer. We also may require verification of information prior to the
acceptance and/or shipment of any order.
4.
Use
of this Web Site. The Web Site design and all text, graphics, information,
content, and other material displayed on or that can be downloaded from this
Web Site are either the property of, or used with permission by, Premium
Aquatics and are protected by copyright, trademark and other laws and may not
be used except as permitted in these Terms and Conditions or with the prior
written permission of the owner of such material. You may not modify the
information or materials located on this Web Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use any such materials
for any public or commercial purpose. Any unauthorized use of any such
information or materials may violate copyright laws, trademark laws, laws of
privacy and publicity, and other laws and regulations. You are responsible for
maintaining the confidentiality of your account information and password and
for restricting access to such information and to your computer. You agree to
accept responsibility for all activities that occur under your account or
password.
5.
Trademarks.
Trademarks, trade names, service marks and logos used or displayed on this Web
Site are registered and unregistered trademarks, trade names and service marks
of Premium Aquatics and its affiliates. Nothing contained on this Web Site
grants or should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademarks, trade names, service
marks or logos displayed on this Web Site without the written permission of
Premium Aquatics or such third party owner.
6.
Linking
to this Web Site. Creating or maintaining any link from another Web site to
any page on this Web Site without Premium Aquatic's prior written permission is
prohibited. Running or displaying this Web Site or any material displayed on
this Web Site in frames or through similar means on another Web site without
Premium Aquatic's prior written permission is prohibited. Any permitted links
to this Web Site must comply will all applicable laws, rules and regulations
and with the terms of the permission granted by Premium Aquatics.
7.
Third
Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by Premium Aquatics, or its
affiliates. All such links are provided solely as a convenience to you. If you
use these links, you will leave this Web Site. Neither Premium Aquatics nor any
of its affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither Premium
Aquatics nor any of its affiliates endorse, guarantee, or make any
representations or warranties regarding any other Web site, or any content,
materials or other information located or accessible from such Web sites, or
the results that you may obtain from using such Web sites. If you decide to
access any other Web site linked to or from this Web Site, you do so entirely
at your own risk.
8.
Inappropriate
Material. You are prohibited from posting or transmitting any unlawful,
threatening, defamatory, libelous, obscene, pornographic or profane material or
any material that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that Premium Aquatics may have at
law or in equity, if Premium Aquatics reasonably determines that you have
violated or are likely to violate the foregoing prohibitions, Premium Aquatics may
take any action they reasonably deem necessary to cure or prevent the
violation, including without limitation, the immediate removal from this Web
Site of the related materials. Premium Aquatics will fully cooperate with any
law enforcement authorities or court order or subpoena requesting or directing Premium
Aquatics to disclose the identity of anyone posting such materials.
9.
User
Information. Other than personally identifiable information, which is
subject to this Web Site's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication you transmit or post to this Web Site in any manner
("User Communications") is and will be considered non-confidential
and non-proprietary. Premium Aquatics, each of its affiliates and/or their
designees may use any or all User Communications for any purpose whatsoever,
including, without limitation, reproduction, transmission, disclosure,
publication, broadcast, development, manufacturing and/or marketing in any
manner whatsoever for any or all commercial or non-commercial purposes. Premium
Aquatics may, but is not obligated to, monitor or review any User
Communications. Premium Aquatics shall have no obligations to use, return, review,
or respond to any User Communications. Premium Aquatics will have no liability
related to the content of any such User Communications, whether or not arising
under the laws of copyright, libel, privacy, obscenity, or otherwise. Premium
Aquatics retains the right to remove any or all User Communications that
includes any material Premium Aquatics deems inappropriate or unacceptable.
10.
DISCLAIMERS. YOUR USE OF
THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION
WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY
KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Premium Aquatics NOR ANY
OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR
SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH
THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER PREMIUM AQUATICS NOR ANY OF ITS
AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR
SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE
ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, PREMIUM AQUATICS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO
THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PREMIUM AQUATICS HEREBY
EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE,
CLAIMS THAT ARE DUE TO
11.
LIMITATIONS OF LIABILITY.
Premium Aquatics does not assume any responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from your
access to, use of, or browsing this Web Site or your downloading of any
materials, from this Web Site. IN NO EVENT WILL PREMIUM AQUATICS, THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF
THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN
THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED
ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM
THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE
WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND
FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS
POLICIES POSTED ON THIS WEB SITE.
12.
Revisions to these Terms and
Conditions. Premium Aquatics may revise these Terms and Conditions at any
time and from time to time by updating this posting. You should visit this page
from time to time to review the then current Terms and Conditions because they
are binding on you. Certain provisions of these Terms and Conditions may be
superseded by expressly designated legal notices or terms located on particular
pages at this Web Site.
13.
Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you and
Premium Aquatics to the extent necessary to resolve any inconsistency or
ambiguity between them. This Web Site is administered by Premium Aquatics from
its offices in
14.
Termination. You or we may
suspend or terminate your account or your use of this Web Site at any time, for
any reason or for no reason. You are personally liable for any orders that you
place or charges that you incur prior to termination. We reserve the right to
change, suspend, or discontinue all or any aspect of this Web Site at any time
without notice.