Thank you
for visiting AQUA TERRAS. We are committed to protecting
your privacy while providing you with a pleasurable online
shopping experience. AQUA TERRAS makes every effort to
protect the security of your personal information. We
believe you have the right to know what information is
collected by this web site and how this information may be
used.
Collection and Use of Information
When you visit AQUA TERRAS and place an order or contact us
via email, certain information is or may be collected. Among
the types of information that may be collected are the
following:
-
Domain
names of visitors to our site;
-
If you
place an order or contact us, your name, address and
whatever credit card information you provide in connection
with your purchase;
-
"Navigational Information" regarding the traffic patterns
of our web site, including the number of visits to a
particular page and user-specific information on which
pages a guest visits, average length of time spent on the
site and similar site usage data; and
-
Any
information you choose to submit via email messages,
surveys, contests or other similar activities.
We use this
information in order to manage and improve our online store
in an on-going effort to provide you with the best shopping
experience possible. Information on traffic patterns and the
number of page visits help us to develop and improve our
site layout. Of course, we also use information such as your
name, email address and credit card information to contact
you, respond to your inquiries and to process, deliver and
receive payment for your purchases. We may use such
information to notify you of services, special offers, new
products and other services that we believe may be of
interest to you, or to notify you of important new changes
in our website. Information such as this will be sent to you
via our newsletter ONLY if you choose to receive it.
Cookies
"Cookies" are small bits of data that a web site can send to
your browser and may then be stored on your computer's hard
drive. Although we use cookies in connection with certain
features on our online store, our cookies do not contain any
personally identifying information such as your name. We use
the cookies to enable us to store items in your shopping
cart and may also use them to help provide you with
customized information or services. Your web browser can be
set so that you will always be notified when you receive a
cookie.
Security
AQUA TERRAS makes every effort to protect the security of
your personal information. Our web site is hosted on secure
servers and utilizes SSL secure server software. Any
personal information you provide is encrypted so that no one
can read it while it is being transmitted over the Internet.
Any information collected by us is stored in private files
and protected from unauthorized access by outside users.
Terms & Conditions of Use
Please read these conditions carefully before using the AQUA
TERRAS web site. By using the web site, you signify your
agreement to be bound by these conditions.
This web site is owned and provided by AQUA TERRAS. Please
understand that all services provided by AQUA TERRAS through
this web site, including the sale of any products, are
provided subject to the following terms and conditions. BY
USING THIS WEB SITE, WHETHER BY PURCHASING ANY PRODUCTS FROM
OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS FROM
THE SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND
SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a
violation of any of these terms and conditions, AQUA TERRAS
reserves the right to deny future access to the web site and
to seek all remedies available at law and in equity.
Your Account
If you use the website, you are responsible for maintaining
the confidentiality of your account and password and for
restricting access to your computer to prevent unauthorized
access to your account. You agree to accept responsibility
for all activities that occur under your account or
password. You should take all necessary steps to ensure that
the password is kept confidential and secure and should
inform us immediately if you have any reason to believe that
your password has become known to anyone else, or if the
password is being, or is likely to be, used in an
unauthorized manner. Please ensure that the details you
provide us with are correct and complete and inform us
immediately of any changes to the information that you
provided when registering. You can access and update much of
the information you provided us with in the My Account area
of the website. AQUA TERRAS reserves the right to refuse
access to the website, terminate accounts, remove or edit
content, or cancel orders at our discretion. If we cancel an
order, it will be without charge to you.
Products and Prices
Without limiting the generality of the following section
(Subject to Change), the price and availability of any
products contained or referenced on this web site is subject
to change at any time and without notice. As noted elsewhere
herein, AQUA TERRAS is not responsible for any typographical
errors, which specifically includes those relating to the
price or size of an item.
Prices are at all times subject to availability and nothing
herein shall constitute an "offer to sell." We at all times
reserve the right to limit the quantity of any item sold or
to refuse a requested order altogether. The receipt of an
e-mail confirmation of your order is simply an
acknowledgement that we have received your requested order
and does not constitute an offer to sell.
Trademarks, Copyright, etc.
This web site is owned and operated by AQUA TERRAS. The
material included herein, including without limitation all
content, text, graphics, artwork, photographs, site design,
logos, icons, images, audio or video clips, code, scripts
and software (collectively, the "Materials"), is the
property of AQUA TERRAS and/or its content suppliers and is
protected by the trademark, copyright and other intellectual
property laws of the United States and other countries. The
selection, arrangement and compilation of all of the
foregoing in the manner depicted is also the property of
AQUA TERRAS and is protected by said laws. ALL RIGHTS ARE
EXPRESSLY RESERVED. No right, title or interest in and to
the materials is conveyed or granted to you. You may not
copy, reproduce, republish, transmit, disseminate,
distribute, display, post, modify, create derivative works
from, sell, license or otherwise use or exploit in any way
whatsoever any Materials or other content from this web site
without the prior written consent of AQUA TERRAS. Without in
any way limiting the foregoing, you agree not to use the web
site or any Materials for any commercial or competitive
purposes or for any other purposes which may be harmful or
detrimental to AQUA TERRAS or its business.
Subject to Change
AQUA TERRAS reserves the right to make changes or
modifications to this web site or to any of the terms,
conditions, disclaimers and policies referenced herein, and
to add or remove any portion of the site, including any
portion of these Terms and Conditions, at any time, in its
sole discretion and without notice. All such changes shall
be effective immediately upon posting. You should review
these terms and Conditions frequently, as your use of the
web site following any changes to these Terms and Conditions
shall constitute your acceptance of and agreement to be
bound by the revised terms and Conditions whether or not you
have actually reviewed them. AQUA TERRAS may in its sole
discretion terminate, suspend or discontinue any aspect of
the web site, including the availability of any features or
products, at any time and without notice or liability. AQUA
TERRAS may also restrict your access to all or any portion
of the web site without notice or liability.
Applicable Law
This web site is created, controlled and maintained by AQUA
TERRAS in the State of TENNESSEE. Accordingly, the laws of
the State of TENNESSEE shall in all events govern any
disputes relating to this web site, including those relating
to any transaction conducted hereon, and shall likewise
govern the terms, conditions, disclaimers, policies and
notices contained herein, all without giving effect to any
conflict of laws principles. AQUA TERRAS makes no
representations as to the compliance of the web site or its
terms and conditions with any applicable law. If you choose
to access the web site from outside of the United States you
do so at your own risk and are responsible for compliance
with all applicable laws. You may not use the web site in
violation of U.S. export laws.
By using this web site, including by virtue of purchasing
products hereon, you agree to submit to the jurisdiction of
the State of TENNESSEE and agree that it shall serve as the
sole and exclusive venue for any disputes relating to this
web site. Any claim or cause of action brought by you with
respect to matters related to the web site, including these
terms and conditions, must be brought in a state or federal
court located in the State of TENNESSEE and must be
commenced no later than one year after the claim arises.
If any provision of these terms and conditions is deemed to
be void, unlawful or unenforceable for any reason, all other
provisions contained herein shall remain in full force and
effect. These terms and conditions constitute the entire
agreement between the parties as to matters relating to this
web site and may only be modified by a writing signed by
both parties.
Third Party Sites
As a convenience to you, and for informational purposes
only, AQUA TERRAS may from time to time provide links to web
sites operated by other entities unrelated to AQUA TERRAS.
If you use any such link, you acknowledge that you will be
leaving this web site to visit another. If you decide to
visit any linked site, you do so at your own risk. AQUA
TERRAS expressly disclaims any responsibility, liability,
warranty or representation regarding any linked site or the
information, materials, content, products or services
contained in or provided by such site. Moreover, providing
such a link in no way implies that AQUA TERRAS endorses or
adopts any information, articles, products, services, or
other materials appearing on or provided by the linked site,
and AQUA TERRAS expressly disclaims any such endorsement.
Disclaimer of Warranties
THIS WEB SITE AND THE MATERIALS, CONTENT AND PRODUCTS
PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. AQUA TERRAS MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE
CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN,
AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT
OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND
FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE
OR THAT ANY DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied
warranties, the foregoing exclusions may not apply to you.
Without limiting the generality of the foregoing, this web
site and the Materials contained herein may contain
inaccuracies and typographical errors. AQUA TERRAS does not
warrant the accuracy or the completeness of the Materials or
the reliability of any advice, opinion, statement or other
information displayed or distributed through this web site.
Any reliance on any of the foregoing shall be at your sole
risk.
Disclaimer of Liability
IN NO EVENT SHALL AQUA TERRAS, OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS,
AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN
ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR
ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO
THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT,
MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB SITE,
OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME
ARE FORESEEABLE OR IF AQUA TERRAS WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to
comply with our obligations under these conditions if the
delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your
statutory rights.