Terms of Service
These terms of service are entered into by and between you ( “User”) and Sovereign Earth LLC, having a principal place of business located at 555 N El Camino Real, Unit A397, San Clemente, CA 92672 (the “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference ("Terms of Services"), govern your access to and use of www.goaquagear.com (the “Website”), including any products, content, and services offered on or through the Website.
- User Responsibilities. The User must (i) be at least 18 years of age; (ii) provide information (personal and otherwise) that is truthful to the best of the User’s knowledge; and (iii) in the event any such information changes, the User shall notify the Company of any such change within a reasonable amount of time.
- Prohibited Uses. The User agrees to not: (i) use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site; (ii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (iii) use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Website without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Website; (iv) reproduce, duplicate, copy, sell, resell, visited, or otherwise exploit for any commercial purpose without express written consent of the Company.
- Legal Compliance. The User shall not use any of the Services for any illegal or harmful purposes and shall abide by any and all regulations and/or laws that govern any activities occurring on or through such Services and/or Deliverable. Any unauthorized use automatically terminates the permission or license granted by the Company.
USER ACCOUNTS. The User may register to the Website with an account in order to make use of the Services, certain functions and/or purchase products (the “User Account”).
- The User is responsible for maintaining the confidentiality of the username and password that the User designates during the registration process, and the User is fully responsible for all activities that occur under the User Account.
- The User agrees to: (i) immediately notify the Company of any unauthorized use of the User Account or any other breach of security, and (ii) ensure that the User exits from the User Account at the end of each session. The Company will not be liable for any loss or damage arising from the User’s failure to comply with this provision. The User should use particular caution when accessing the User Account from a public or shared computer to ensure that others are not able to view or record the User Account’s username and password and/or other personal information. The Company reserves the right to terminate or suspend any User’s User Account and/or access to the Site and the Service if the Company determines (in its sole discretion) that any such User has violated this Agreement. Note that no refunds will be given in the event your access to the Site and/or Services are terminated due to a violation of this Agreement or other policies.
- Billing. By engaging the Company to utilize the Service, User is expressly agreeing to the billing policies and billing amounts described on the specific product purchase pages.
- Refunds. The Company’s return policies are described in detail at goaquagear.com/pages/returns-exchanges and are incorporated by reference herein.
ONLINE PURCHASES. All purchases through our Website or other transactions for the sale of goods are governed by these Terms of Services and any terms available on the product pages, which are hereby incorporated into these Terms of Service.
INTELLECTUAL PROPERTY. The Website holds certain content that is the property of the Company or its content suppliers and protected by international copyright laws (the “Content”). The Website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon the User and the user may not utilize such Content by any manner aside from viewing such Content according to the license granted herein. Prohibited uses of such content without the written consent of the Company include (but are not limited to): Removing, altering, bypassing, avoiding, interfering with, or circumventing any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms; Copying, downloading, stream capturing, reproducing, duplicating, archiving, distributing, uploading, publishing, modifying, translating, broadcasting, performing, displaying, selling, transmitting or retransmitting the Content; and Creating, recreating, distributing or advertising an index of any significant portion of the Content.
INDEMNIFICATION. The User shall protect, defend, indemnify, and hold the Company harmless, along with its directors, employees, owners, and agents from and against any cause of action, cause, claim, damage, losses, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the User (including any representations and warranties); (ii) the User’s use of the Services, Website, or the Content offered by the Company; (iii) any unacceptable, unlawful, or objectionable use of the Website or any Service offered to the User by the Company; (iv) any negligent or willful misconduct by the User; or (v) violation of any third party’s rights (including intellectual property rights) through the User’s use of the Website, the Content, or the Service.
LIMITED LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE CONTENT, ANY PRODUCT OR SERVICE OFFERED BY THE COMPANY; OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (I) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (II) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (III) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (IV) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (V) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS SECTION DOES NOT APPLY TO ANY GROSS NEGLIGENCE OR MISCONDUCT BY THE COMPANY.
DISCLAIMER OF WARRANTIES. THIS SITE, THE PRODUCTS SOLD THROUGH THE SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY SERVICE OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) THAT THE PRODUCTS WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS SITE, THE SERVICES, OR THE PURCHASE OF ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ERRORS AND OMISSIONS. The Website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor any order affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Website, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
PRODUCTS AND SERVICES. The Website may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Website does not imply that such product or service is or will be available in the User’s location. Furthermore, the Company may alter what Content is available to Users at any time in its sole discretion, including (but not limited to) removing certain Content from access at any time.
INTERNATIONAL USE. The Company does not represent that all content, materials and services on the Website are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and the Company is not responsible for such Users’ compliance with local laws or other applicable laws. The User shall not access the foregoing where prohibited by law.
FORCE MAJEURE. In the event that the Company is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, pandemic, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the Company, other causes beyond the Company’s reasonable control (a “Force Majeure Event”) or an economic crisis resulting from any Force Majeure Event the Company shall within a reasonable time give notice to the User and shall take reasonable steps to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended.
VENUE; ARBITRATION. EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO THIS AGREEMENT AND REPRESENTS THAT COUNSEL HAS BEEN CONSULTED SPECIFICALLY AS TO THIS WAIVER. This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The User irrevocably submits to the exclusive jurisdiction of the federal and state courts located in San Diego County, California. Except for a misuse or infringement of the Company’s intellectual property, any and all disputes, controversies and claims arising out of or relating to this Agreement, or concerning the respective rights or obligations of the Parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The Parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to any party in such arbitration.
SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
INTEGRATION. This Agreement constitutes the entire understanding and agreement of the User and the Company with respect to the Website hosting Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.