Terms and Conditions
Welcome to the Aqualise Inc. (Also referred as Aqualise Luxury Kitchen & Bath) Website, which is doing business as www.aqualise.us. The following Terms of Service ("TOS") contain the terms and conditions that govern your (also referred as User) use of the Website and www.aqualise.us Service. Use of the www.aqualise.us Website constitutes acceptance of these TOS. www.aqualise.us is a trademark of Aqualise Inc.
Aqualise Inc. reserves the right to add, delete, and/or modify any of the terms and conditions contained in this TOS, at any time and at its sole discretion, by posting a change notice or a new agreement on the Aqualise Inc. Website.
This TOS constitutes the entire and only agreement between us and you (User), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings.
Aqualise Inc. uses other affiliated companies or third parties to provide certain products and services accessible through the Website. Aqualise Inc. does not control those third parties or their services. Users agree that Aqualise Inc. will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between Terms and Conditions, you must comply with Aqualise Inc.’s TOS.
Eligibility to use Website:
Aqualise Inc will only knowingly provide service to customers that can lawfully enter into and form contract under applicable law. Aqualise Inc Website is not intended for children under age of 18.
Aqualise Inc Website aqualise.us grants Users limited revocable license to access and use the Website for its offered services, subject to Users’ compliance with these TOS. Aqualise Inc does not allow customers to collect or use information collected on the Website to compete with Aqualise Inc or to create derivative work based on the content of the Website. If User uses the information other than per TOS, Aqualise Inc may revoke the access and pursue other legal course of action permitted under applicable state or federal law.
User can only use the Website as expressly permitted by Aqualise Inc. User may not cause harm to the Website. Specifically, but not by way of limitation, User may not:
Interfere with Website performance by using viruses or any other technology or program designed to affect performance, content, and appearance of the Website.
Modify, create derivative works from reverse engineer, decompile, or disassemble any technology.
Collect any User information used for registration.
All the content including but not limited to: Design, graphics, organization, and digital conversion related to site are protected under applicable copyright, trademarks, and other property rights. Copying, downloading, or redistribution of any such matters or any part of site, except outlined in this TOS, is strictly prohibited.
User will retain ownership of the content that is used, referred, or uploaded by the User during the use of the site. "While using any outside content, User grants following licenses to Aqualise Inc, the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute design in or on products and in advertising, marketing, samples, and promotional materials for Aqualise Inc." And the right to make modifications to Users' design. We will not distribute it without prior approval from your side.
User may remove the design, graphics, or file, designed or uploaded by the User, at any time during the usage of the Website. After the content designed by the User is transferred to the Aqualise Inc, if User chooses to remove that content, please notify Aqualise Inc in writing. Any orders that might have derived from that content will prior to the written notification of termination will fulfilled.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify Aqualise Inc of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Aqualise Inc may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
If User believes that her/his work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (firstname.lastname@example.org) with the following information.
Our Agent will quickly act on any such notice received.
Reservation of Rights:
Aqualise Inc reserves the right but does not assume the obligation to monitor transactions and communications occuring through Website. If Aqualise Inc determines, in its sole and absolute discretion, that User will breach a term or condition of these TOS, Aqualise Inc may cancel such transactions and restrict access.
Aqualise Inc may modify the site aqualise.us at any time without any prior notice and will incur no liability for doing so.
Representation and Warranties:
User of the site represent and warrant to Aqualise Inc that in use of the aqualise.us site, User will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party. User further represents and warrants to Aqualise Inc, that there are no claims, demands, or any form of litigation pending, or to the best of User’s knowledge, threatened with respect to any of User’s content. Aqualise Inc will not be required to pay any third party related to using the content provided by the User. User content should not cause direct or indirect injury to any third party and should be free of viruses or any other program or technology that can cause direct or indirect damage to the site.
Disclaimer and Exclusions:
Aqualise Inc provides a Website aqualise.us service on an “as is” and “as available” basis. Aqualise Inc, do not represent or warrant that site will be uninterrupted, will be free of errors, and in accuracy will be reliable, will be timely, and will meet User’s requirements. Aqualise Inc makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and noninfringement.
Aqualise Inc will not be liable to any User or any third party for any consequential, incidental, indirect, punitive, or special damages (including damages relating to lost profits, lost data, or loss of goodwill). Arising out of relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages. (b) the content contained on the site, or (c) any delay or failure in performance beyond control of the Covered Party.
Limitation of Liability:
Limitation of liability, under for a breach of a party’s representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of Aqualise Inc exceed the value of the signs ordered or serviced rendered. Value of the signs or services are limited to the stated value on the Aqualise Inc, site aqualise.us or charged to the customer.
User must indemnify and hold Aqualise Inc and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers, and shareholders (if applicable) harmless from any damage, loss, or expenses including reasonable attorney’s fees incurred in connection with any third-party claim, demand, or action brought against any of the parties alleging that User has breached any of these TOS through any act of omission.
User might be asked to register at the site. User must agree to provide accurate, complete registration information. Each registration is for personal use only and access to that information should not be made available to multiple Users. Aqualise Inc does not permit any other person to use the registration section besides User’s own registration.
Aqualise Inc uses standard industry materials for paint. We do not guarantee any color matching or exact color electroplating. Slight color variations are possible and should be considered as acceptable and will not be considered a production mistake and will not be eligible for refund or return or reproduction. We use best judgment to match color but if you need to visually match color, we suggest ordering sample product.
Aqualise Inc uses multiple production facilities around the world. It can not guarantee where production will be done for each product and order. Your order can be manufactured at any of our production facilities.
Aqualise Inc requires User to respond to all information or proof approval request in three days. If User fails to respond to the request for any reason, Aqualise Inc will use best judgment on if and how to proceed.
Aqualise Inc shows estimated delivery date for each order on the aqualise.us site. These dates are indicative dates only and are based on production-ready orders and don’t include any public holidays or shipping delays. Any delay due to shipping has to be addressed directly with the shipping company.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of South Carolina without reference to conflict of law principles. These TOS will not be assignable transferable by User without the prior written consent of Aqualise Inc. These TOS contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understanding between the parties regarding its subject matter. User and Aqualise Inc are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (a) US mail or Courier (b) electronic mail. All the notices to Aqualise Inc should be sent to email@example.com and also hard copy with signature and contact information should be sent to company address.
In the rare event of dispute, all disputes arising out of, relating to, or connected with these TOS or your use of any part of the aqualise.us service will be exclusively resolved under confidential binding arbitration in accordance with the commercial arbitration rules, rather than in court. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Aqualise Inc may seek equitable relief, including, without limitation, injunctive relief and specific performance without the requirement of posting a bond or other security or proving damages are insufficient, from a court of competent jurisdiction.