CBD/CBDa Sparkling Water

Terms of Service

WEBSITE TERMS OF SERVICE
FIZZH2O LLC dba AQUARIAN SKY

Consent and Agreement:

FIZZH2O LLC, a Florida limited liability company doing business as AQUARIAN SKY (“us,” “we,” “our”) operates the www.aquariansky.co website and its content (collectively, the “Website”). For purposes of this Terms of Service and our correlating Privacy Policy, the term “Website” shall also include, if we establish them, our mobile apps and social media sites.

This Terms of Service and our correlating Privacy Policy both govern your use of our Website, establishment of an account with us, and your purchase of any products, services, or event registrations with us. Capitalized terms shall have the definition set forth in either the Terms of Service or the Privacy Policy, regardless of whether defined in both.

We do not intentionally market to persons under the age of 18. You affirm that you, if an individual, are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service and our Privacy Policy, and will abide by and comply with these Terms of Service and our Privacy Policy. If you are under 18, do not (i) use any features of our Website, including any interactive features or applications, (ii) purchase any of our products or register for any of our events, or (iii) give us any Personal Information about yourself.

You consent and agree to the terms of this Terms of Service and our Privacy Policy by viewing, accessing, purchasing from, or otherwise engaging with the Website. Your consent and agreement to these terms is material to our provision of the information on this Website and the opportunity to purchase products or register for events or other opportunities through this Website.
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.

Account Creation:

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:
Our Website may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites.

Non-Interference:

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).
Indemnification:

You will indemnify, defend, and hold harmless us, our owners, employees, contractors, advisors, and other agents and representatives (“Released Parties”) against any and all liabilities, claims, lawsuits, proceedings, damages, and losses incurred by any Released Party (including without limitation attorney’s fees and costs), as a result of: (a) your violation of this Terms of Service or our Privacy Policy, (b) violation of any law by you, (c) your misappropriation of, or infringement upon, any third party’s intellectual property, or (d) as a result of any other act of deceit, dishonesty, fraud or illegality by you.

Governing Law; Jurisdiction:

We are located in Manatee County, Florida. These Terms of Service and our Privacy Policy shall be governed by Florida law, and you consent to the jurisdiction of the courts and tribunals located in Manatee County, Florida, for state matters, and the United States District Court for the Middle District of Florida in Tampa, for federal matters.

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.

Construction:

This Terms of Service, along with our Privacy Policy and any other terms of service, policies, or legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the Website and your use thereof. The captions in this Terms of Service and the Privacy Policy are inserted for convenience only, and do not interpret the contents hereof.

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.

Severability:

If any one or more provisions of this Terms of Service or correlating Privacy Policy shall be held invalid or unenforceable as written, the validity or enforceability of all other provisions of this Agreement shall not be affected thereby and shall be interpreted as closely as possible to the parties’ intent. In the event a court of competent jurisdiction determines by final judgment that the scope, time period, or geographical limitations specifically set forth herein are too broad to be capable of enforcement, said court is authorized by the parties hereto to modify and enforce such provisions as to scope, time and geographical area as the court deems reasonable and equitable.

Assignment:

These Terms of Service, and any rights and licenses granted hereunder or in our Privacy Policy, may not be transferred or assigned by you, but may be assigned by us without restriction and without notice to you. We may assign, sell, or otherwise transfer or convey the Website and any related assets, in part or in whole, in our sole discretion, without restriction and without notice to you.

Prevailing Party:

In the event of any dispute arising under this Terms of Service or our Privacy Policy, whether or not a lawsuit or other proceeding is filed, and at all levels of pre-litigation litigation, trial, appeal, enforcement, bankruptcy, and petition or other proceeding with any government agency, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs, including attorney’s fees and costs incurred in litigating entitlement to attorney’s fees and costs, as well as in determining or quantifying the amount of recoverable attorney’s fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, court costs, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable.

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.

Contact Us:

If you have any questions about this Privacy Policy, please contact us:
William T. Cornelius
Cornelius1860@gmail.com
(248) 345-8504