Aqua Spas, Inc. (Aqua Spas) provides this website and its products to you subject to the following conditions. By visiting or using this site, you are accepting these conditions. Please read them carefully.
Privacy
Please review our Private Policy, which also governs your visit to our website, to understand our store policies.
Communication
When you visit Aqua Spas or send e-mails to us, you are communicating with us electronically and you have consented to receive communications from us electronically which include but are not limited to receipts, confirmations, and other notices. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and software, is the property of Aqua Spas or its content suppliers, including Add-a-Site Web Design, and is thus protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Aqua Spas and Add-a-Site, and protected by U.S. and international copyright laws.
Trademarks
Aqua Spas trademarks may not be used in connection with any product or service that is not Aqua Spas, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aqua Spas. All other trademarks not owned by Aqua Spas or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aqua Spas or its subsidiaries.
License and Site Access
Aqua Spas grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Aqua Spas. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aqua Spas. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aqua Spas and our associates without express written consent. You may not use any meta tags or any other “hidden text”: utilizing Aqua Spas name or trademarks without the express written consent of Aqua Spas. Any unauthorized use terminates the permission or license granted by Aqua Spas. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Aqua Spas so long as the link does not portray Aqua Spas, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Aqua Spas logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with consent of a parent or guardian. Aqua Spas and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Comments, Emails, Reviews and Other Content
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”: You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Aqua Spas reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Aqua Spas and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content globally in any media. You grant Aqua Spas and its associates and sublicensees the right to use the name that you submit in connection with such content, if it chooses. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Aqua Spas or its associates for all claims resulting from content you supply. Aqua Spas has the right but not the obligation to monitor and edit or remove any activity or content. Aqua Spas takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk or Loss
All items purchased from Aqua Spas are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier handling your order.
Product Descriptions
Aqua Spas and its associates attempt to be as accurate as possible. However, Aqua Spas does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Aqua Spas itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY AQUA SPAS ON AN “AS IS” AND “AS AVAILABLE” BASIS. AQUA SPAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AQUA SPAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AQUA SPAS DOES NOT WARRANT THAT THIS TIE. ITS SERVERS OR E-MAIL SENT FROM AQUA SPAS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AQUA SPAS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting Aqua Spas, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Aqua Spas, or its associates.
Disputes
Any dispute relating in any way to your visit to Aqua Spas or to products you purchase from Aqua Spas shall be submitted to confidential arbitration in Larimer County, Colorado, except that, to the extent you have in any manner violated or threatened to violate Aqua Spas intellectual property rights, Aqua Spas may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any award shall include the reasonable attorney fees incurred by the substantially prevailing party.
Site Policies, Modification and Severability
Please review our other policies posted on this site. These policies also govern your visit to Aqua Spas. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Questions
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our staff by clicking on the “Contact Us” link in the left side menu. Or you may email us at [email protected].
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