Aquagear® (“Aquagear”, “we”, or “us”) is committed to your privacy and security while visiting goaquagear.com (“Site”).
When you place an order through our online store or by phone, we collect the necessary information to charge you order and have it delivered to your preferred address. We also use online cookies to enable better security and protection, enable the tracking of orders, and preserve shopping cart contents. These cookies are removable, and they cannot retrieve any personal information from your hard-drive. First and foremost, we respect your privacy. These cookies are used to facilitate your use of this Site.
Aquagear will not share or sell any personally identifiable information with any third-parties, including names, address, phone numbers, emails, and any other personally identifiable information, except for the purposes described below:
Every time that you place an order via this Site, we will use your personal information to facilitate the transaction and shipment of your purchase.
aquagear® works with service providers who will have access to your personal information only to the extent that it is required for their service’s function. These services may include credit card payment processing, package shipping, customer emailing and postal mailing, web hosting, marketing partners, printers, marketing council, customer questionnaires, etc. These companies are not authorized to share any of your personal information for any other purposes outside of their services.
For legal matters that deal with governmental law, we may be required to disclose certain personal information.
Rest assured that your personal information is as safe and secure as possible when visiting at this Site. We are committed to this security, and we have implemented the necessary security measures to provide the best online protection available.
Children under the age of 13 are not permitted to submit personal information. Anyone under the age of 18 is not permitted to submit personal information without the presence and permission of a parent or guardian. Should anyone submit personal information to us whom we know to have breached the previous provisions, we will immediately remove these records from out database.
If you have any questions about your privacy or the security of your information when visiting this Site, please feel free to email as at:
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Aquagear. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of this Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
All comments or user feedback submitted in the form of emails, images, letters, suggestions, ideas, artwork, etc. (“User Content”) to Aquagear® shall be considered the sole and rightful property of Aquagear®. Aquagear® can use these comments in any manner at its sole discretion. Aquagear® is not require to pay compensation for any User Content nor is Aquagear® obligated to hold any User Content privately. Aquagear® will retain exclusively all rights, titles, and interests for any User Content disclosed to Aquagear®.You are solely responsible for any User Content that you disclose to Aquagear®. You agree to not post, transmit, or communicate any of the following:
Content that violates the rights of any third-party.
Any sexually explicit, pornographic, or otherwise obscene User Content.
Any material that may be objectionable to Aquagear®.
Aquagear® is not liable for any User Content communicated by any third party. Any violation of this agreement may result in your termination or otherwise exclusion from using this Site.
Under its sole discretion, Aquagear® reserves the right to refuse, limit, edit, delete accounts, or cancel any order. If your transaction has been confirmed for an order that is later canceled, Aquagear® shall issue you a refund.
Aquagear® attempts to be as accurate and complete as possible in describing its product merchandise. We do not guarantee that all product descriptions are accurate. Most Aquagear® products displayed at the Site are available at this Site and select retail stores while supplies last. In some cases, merchandise displayed at the Site may not be available for sale or immediate shipping. Aquagear® does not warrant that all product is available.All product prices at the Site are quoted in U.S. Dollars.
All Aquagear® products are transported via an unaffiliated independent shipping carrier. Any and all products purchased on this Site are delivered to you via these independent shipping carriers. Aquagear® is not responsible for any damage or loss incurred to your purchased products by these unaffiliated independent shipping carriers.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, we cannot guarantee that your monitor’s display of any color will be accurate to the actual product.
Aquagear® may provide links to web sites of entities other than Aquagear®. Aquagear® is not responsible for any content or associated links or transmissions from such sites. Aquagear® does endorse the content or operations of such Web Sites. Aquagear® merely provides these links for the convenience of the user. Aquagear® is not liable for any losses damages incurred from the use of any linked Web Sites.
If you believe that materials hosted and accessible at this Site constitute an infringement on your copyright, please provide Aquagear® with the following information:
Please identify the copyrighted work that you claim has been infringed upon.
An identification of the supposed copyrighted work’s location at this Site.
Your contact information, including name, phone number, physical address, and email.
A statement that in your good faith you believe the aforementioned copyrighted content to be used without the legal authority of the its copyright owner.
A statement that your notification is accurate under penalty of perjury, and that the signatory is acting on behalf of the copyright owner.
An electronic or handwritten signature of the copyright owner or the authorized figure acting on the owner’s behalf.
Please mail or email any Copyright Infringement Notifications to:
Under its sole discretion, Aquagear® reserves the right to terminate this agreement at any time. Aquagear® can also limit or restrict your access to this Site, including, but not limited to, if you break any of the terms of this agreement.
You agree to defend, indemnify, and hold harmless Aquagear® and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, licensors, suppliers, co-branders or other partners from and against any and all allegations, complaints, losses claims, demands, actions, causes of action, orders, damages, losses, liabilities, costs and expenses (including attorney’s fees and other legal expenses), incurred by Aquagear® arising from or related to your use of the Site, your violation of this Agreement, or your violation of any Third Party rights.
THIS SITE IS PROVIDED BY SOVEREIGN EARTH LLC ON AN “AS IS” BASIS. SOVEREIGN EARTH LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOVEREIGN EARTH LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SOVEREIGN EARTH LLC 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.
Aquagear® may choose to close, discontinue, or edit this Site, its content, and/or its operations any time and at its sole discretion. In using this Site, you agree that no professional affiliations, partnerships or employment, exists between you and Aquagear®. If Aquagear® fails to enforce any of these provisions, this does not by any means waive Aquagear’s right or ability to enforce these provisions upon any subsequent breaches of this agreement. Should any part of this Terms & Conditions agreement be invalid or unenforceable under law, the unenforceable provision will be adjusted in accordance applicable law in order to reflect the original intention of the invalid provision, and the remaining portion of this agreement shall continue in full force and effect. A printed version of this agreement and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms & Conditions agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms & Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California and/or the Central District of California.This agreement supersedes all previous, oral or written, communications between you and Aquagear® regarding this Site. All rights not expressly granted herein are hereby reserved.