Terms of Service
WEBSITE TERMS OF SERVICE
FIZZH2O LLC dba AQUARIAN SKY
Consent and Agreement:
Use of Website:
Use of the Website is provided AS IS. You may access the Website solely as intended through the provided functionality of the Website and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed on the Website for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content not owned or licensed by us for any other purposes without our written consent and the written consent of the respective licensors of the content, as applicable. We and our licensors reserve all rights not expressly granted in and to the Website and its content.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AND OTHER AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE USER’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
In order to access some features of the Website, you will have to create an Account. You may never use another person’s Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify us immediately if you become aware of any breach of security or unauthorized use of your Account. We will notify you within 30 days if we become aware of any breach of security or unauthorized use of your Account.
Payment for Products or Services:
If you purchase any products, services, or event registrations via our Website, you agree to pay for such products, services, or events, and you authorize us to charge your credit/debit card in accordance with our merchant servicer’s agreement, or in accordance with the terms of any other third party payment platform that we, in our sole discretion, may elect to accept as payment.
Links to Other Sites:
You shall do no thing that misappropriates or infringes upon our intellectual property, including without limitation, as the case may be, our trademarks, copyrights, patents, trade secrets, or any other protectable intellectual property whether referenced herein or not, whether registered or not, and whether reduced to practice or not.
You shall do no thing that interferes with or would cause us to breach any agreement with our third party service providers, including without limitation our credit card merchant servicer, servicer of any other form of payment, internet service provider, webmaster, data management servicer, or any other servicer. You shall not circumvent, disable, reverse engineer, tamper with, cause any technical malfunctions, security breaches to, or otherwise ‘hack’ into our Website or our third party servicers’ websites or platforms (including without limitation security features; features that prevent or restrict use or copying of any content; or features that enforce limitations on use of the Website or the content therein).
Governing Law; Jurisdiction:
Statute of Limitations:
To the extent allowed by law, any cause of action arising out of or related to the Website or your use thereof must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE 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 WE SHALL NOT BE LIABLE FOR THIRD PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by us from our facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
WAIVER OF JURY TRIAL:
AS A MATERIAL INDUCEMENT FOR OUR PROVISION OF THE WEBSITE FOR YOUR USE, AND TO THE EXTENT ALLOWED BY LAW, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY OF ANY ISSUES SO TRIABLE. EACH PARTY HAS HAD THE OPPORTUNITY TO SEEK ITS OWN INDEPENDENT LEGAL COUNSEL REGARDING THIS SECTION AND THE ENTIRE AGREEMENT, OR HAS WAIVED SUCH RIGHT.
Modification of Terms:
We may revise this policy from time to time, for any reason. If we make changes that are material to you, we will notify you at the email address provided on your account, unless your email address has been deleted in accordance with this policy. You are advised to review this policy periodically for changes.
William T. Cornelius