Aqua Imports (“Aqua,” “we,” “us,” or “ours”) welcomes you to our website located at www.aqua-imports.com (the
“Website”). By browsing the Website or using the services that we make available via the Website from time to
time (the “Services”), including the purchase of products available on the Website (the “Products”), you
acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions and
Terms, then you are not granted permission to browse, access, or otherwise use the Website or the Services.
Aqua welcomes visitors to the Website to browse and learn about our Services and the Products without charge
or registration. You may use the Services to purchase Products via the Website.
THE SECTION BELOW TITLED “AGREEMENT TO ARBITRATE” CONTAINS A BINDING ARBITRATION
AGREEMENT. THIS PROVISION AND THE REST OF THE TERMS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
The Website allows you to browse a selection of live fish and other aquatic animals for purchase (the “Products”).
All Product purchases through the Website, or otherwise facilitated by Aqua, are legally binding transactions.
We do not accept and/or process back orders. If one or more items on your order are not in-stock and/or not
available, we will use commercially reasonable efforts to locate the item or a suitable alternative, or that item will
be removed from the order and the balance of the order will be shipped.
Aqua will select the shipping method. You will receive tracking numbers for orders, and Aqua will ship the order
to your specified shipping destination. So long as your order is received by five (5) P.M. Mountain Standard time
on business days, the order will begin processing on that day. Any order submitted on non-business days, or
after 5 P.M. MST on business days, will be deemed received on the next business day.
You are responsible for any charges, penalties and or fees imposed by shipping companies resulting from
incorrect shipping information. Aqua will use commercially reasonable efforts to honor order cancellations or
changes, but cannot guarantee changes to an order after submittal.
If you are purchasing Products on the Website, Aqua will charge your credit card or other form of tender for the
list price of the Products in each order, plus shipping & handling, insurance, processing & related fees, and/or
taxes, as applicable.
Aqua stands behind its products and strives to provide you with the very best experience each and every time
you order from the Website. Aqua uses commercially reasonable efforts to ensure that all descriptions and
images of Products are as accurate as possible. However, Aqua does not warrant that the descriptions or other
content of the Website is accurate, complete, reliable, current or error-free. If a Product is not as described, your
sole remedy is to request a credit or refund of the funds actually paid for such Product. Determination of credits
or refunds will be made by Aqua.
SHIPPING AND RISK OF LOSS
Customers within the Denver, Colorado metro area have the option of overnight delivery to your door for
a flat rate currently specified on the Website. Delivery is available Tuesday through Friday only. Depending
on the size and quantity of fish ordered, we may use a medium or large shipping box, at the rates and volumes
currently specified on the Website.
For extra-large fish or those that require large shipping containers (like freshwater stingrays), we highly
recommend shipping via air freight to your nearest airport. This is not only a faster and safer process for the
animal, but also often less expensive as well. For more specific information on box size, a shipping quote, or your
shipping options don’t hesitate to contact us. We only ship within the 48 continental United States. Some items
may be restricted due to local or state regulations. Customers are responsible for adhering to all relevant local
and state laws. We have a $50 minimum for all out-of-state orders.
PLACING YOUR ORDER
After we receive your order, you will be contacted by email within 24 hours to set the shipping date. This is an
important step to make sure you are available to receive your shipment and able to sign for it when it arrives –
failure to do so will void our guarantee. We ship out Monday through Wednesday, for arrival Tuesday through
Thursday. All shipments are weather permitting – we will check temperatures both at the final destination and at
the carrier’s transfer hub to ensure your fish won’t be exposed to extreme temperatures. In the event of
temperature extremes or likely service disruptions due to weather, we reserve the right to reschedule any
shipment in our sole and absolute discretion. After your order is packed and shipped, you will receive an email
with the tracking information.
1. You place and pay for an order using the Website.
2. You receive a confirmation email after placing your order.
3. We will contact you within two (2) business days of placing your order to confirm the shipment delivery day and time.
4. Livestock is packed in heavy duty fish bags with oxygen and necessary heat or ice packs and shipped in insulated Styrofoam and/or cardboard boxes.
5. Tracking information is emailed as soon as the shipment leaves.
6. You must be on-hand and present to sign for and receive your order when it is delivered.
7. Carefully follow the strict acclimation guidelines set forth on the Website applicable to your new livestock.
8. Call or email us at any point with questions or concerns.
9. Follow the return process (discussed below) if you believe your livestock is eligible to be replaced hereunder.
We guarantee all Products that constitute livestock will survive for a period of at least twenty-four (24) hours after
arrival WITH THE EXCEPTION OF THOSE WITH HIGHLY SPECIALIZED NEEDS OR THOSE THAT ARE
EXTREMELY SENSITIVE TO WATER CONDITIONS. ALL SUCH SPECIES WITH LIMITED OR NO
GUARANTEE ARE NOTED IN THEIR DESCRIPTION AND WILL BE CONFIRMED WITH YOU BEFORE
For the rest of our fish Products, we fully expect them to acclimate to your aquarium without issue and be healthy
and thriving shortly after you receive them. Should you have a fish arrive dead, or die within 24 hours of arrival
(as indicated by the carrier tracking information), DO NOT discard the dead fish. Our guarantee is contingent on
being provided photographic evidence of the deceased fish.
While we will make every effort to advise you on the compatibility of your new fish and its intended tank mates,
our guarantee does not extend to fish that are bullied, harassed, attacked, physically injured, or eaten by other
fish. Making a purchase after being advised against the compatibility of the fish ordered with your existing
aquarium fish may result in the fish being shipped with a ‘Live Arrival Only’ guarantee.
Failure to sign for a shipment voids any guarantee. If your order is delayed in transit due to carrier delays or
service interruptions, you are still required to receive, sign for, and acclimate the fish to your aquariums. We pack
all our fish with a healthy cushion in case of delays and in most cases even with significant delays the fish will
arrive alive and in good condition. Delayed orders are handled on a case by case basis.
NO GUARANTEE SHALL APPLY TO ANY PRODUCTS THAT ARE NOT ACCLIMATIZED PURSUANT TO THE
CURRENT ACCLIMATION PROCEDURES CURRENTLY SET FORTH ON THE WEBSITE.
If your Products consists of livestock and arrives and appears dead, take a photograph of it in the bag but then
continue to acclimate it according to our guidelines. Many fish or invertebrates, especially during cold weather,
may move slowly or not at all upon arrival but will recover upon acclimation.
Water parameters in your aquarium must be within those provided on the species description listed on our site.
We reserve the right to require a water sample or photos of water test results in order for you to redeem our
Due to the inherent risk of shipping live fish, we cannot accept any returns or exchanges except pursuant to the
detailed return process set forth herein. While we make every effort to ship you nothing but the healthiest, most
well-conditioned fish and invertebrates possible we still highly recommend the use of a dedicated quarantine tank
for ALL new fish and that new arrivals are quarantined for at least 2 weeks before being added to a display tank.
In the event that you receive a deceased fish or your fish dies within the guarantee period, you must take the
following steps to be eligible to return the applicable Product:
• Email a picture of the deceased specimen to firstname.lastname@example.org immediately. If the fish or invert arrived
dead, please send a photo of it in the original bag. Include your name, order number, pictures and a detailed
message. We may require additional information and photos.
• Please do not call to report deceased specimens. All deceased fish must be documented via email with
• Our guarantee will be void without a clear photo of the dead specimen.
• If your claim falls within the 24-hour guarantee period and meets all other requirements of the guarantee, we
will contact you to either arrange a refund or replacement fish at our discretion.
• Our guarantee is not inclusive of any shipping costs. Customers are responsible for the cost of shipping any
replacement orders; no refunds will be processed for shipping-related charges.
Due to the delicate nature of livestock, we will not accept order cancellations once an order is placed.
It is the responsibility of the recipient to setup a viable receiving time within a week of purchase.
Cancellations will only be performed at Aqua’s discretion and will incur a 20% restocking fee.
Except as otherwise provided on the Website, prices shown for Products do not include any federal, state or local
taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales,
use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate
item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added,
as required by law. The point-of-sale for all orders shipped within the State of Colorado shall be the City of
Boulder, Colorado. The point-of-sale for all orders shipped outside the State of Colorado shall be the shipping
address of the customer placing such order. We charge applicable sales tax for all order shipped within the State
of Colorado unless you have a valid sales tax exemption certificate on file with us. We will not refund tax amounts
collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted
for any reason by any governmental or regulatory authority, and we are required to pay tax on your purchase,
you will reimburse us for the amount of such tax, and our reasonable expenses incurred in connection with the
payment and collection of such tax. You can email your resale certificate to: email@example.com.
Content available on the Website includes:
• Aqua Content. The Website contains materials, such as data, text, graphic, images, sound recordings,
audiovisual works, Product descriptions, Product photos and titles, list prices and other materials
provided by Aqua (“Aqua Content”). As between Aqua and you, all Aqua Content is owned exclusively
by Aqua; and
• User Generated Content. Users may provide or generate content for the Website including, but not
limited to, text, photographs, listings/information, communications between users (through the Website
or a third party website), feedback, questions, commentary, postings, files, images, video, audio, and
other materials (“User Generated Content,” and, collectively with the Aqua Content, the “Content”).
You are solely responsible for any User Generated Content that you provide, and the consequences of posting,
transmitting, linking or publishing all or any part of such User Generated Content. More specifically, you are solely
responsible for all User Generated Content that you upload, email or otherwise make available via the Website
or Services. User Generated Content is not confidential, may be freely monitored by Aqua (although Aqua has
no obligation to do so), and may be made public by Aqua in its sole discretion.
In connection with User Generated Content you post on, transmit through, or link from the Website, you affirm,
acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and
permissions (including, without limitation, all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all such User Generated Content) to use such User Generated Content for (a) the Services
and on the Website, (b) inclusion and use in the manner contemplated by the Services, the Website and these
Terms, and (c) commercial purposes through any channels including, without limitation, videos; and (ii) you have
the written consent, release, and/or permission of each and every identifiable individual person or business
included in the User Generated Content to use the name or likeness of each and every such identifiable individual
person or business for all of the foregoing purposes.
You retain all of your ownership rights in your User Generated Content; however, by submitting the User
Generated Content to Aqua, you hereby grant to Aqua an irrevocable, non-cancellable, perpetual, worldwide,
exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Generated Content including, without limitation, for commercial purposes, and
promoting and redistributing part or all of the User Generated Content (and derivative works thereof) in any media
formats and through any channels now or hereafter known. As the exclusive licensee of User Generated Content,
you hereby grant to Aqua the exclusive right to enforce copyrights in the User Generated Content against anyone
copying, republishing, distributing, or preparing derivative works of the User Generated Content without your
consent. Furthermore, by you posting User Generated Content on the Website, you agree to and do hereby grant
to Aqua exclusive rights to prohibit or allow any subsequent aggregation, display, copying, duplication,
reproduction, exploitation or commercial use of the User Generated Content by any party for any purpose. You
also hereby grant visitors and users of the Website a non-exclusive license to access, view and display, but not
to otherwise access, distribute or copy, your User Generated Content through the Website. For avoidance of
doubt, you hereby represent that you have not, and will not, grant any license rights to your User Generated
Content for the purposes of crawling, scrapping, or using automated means (e.g., data mining, robots, crawlers,
spiders, or similar extraction tools) on or through the Website to obtain any data or information.
INTELLECTUAL PROPERTY RIGHTS
Content. The Content is protected under both United States and foreign laws. Except as may be specifically
authorized by Aqua, you are prohibited from using the Content (including any Aqua Trademarks, as defined
below) for any purpose including, without limitation, any use that is likely to cause confusion on the part of, to
cause mistake by, or to deceive, the public as to any affiliation, connection, association, origin, sponsorship,
approval or endorsement by or with Aqua. Unauthorized use of the Content will violate these Terms and may
violate applicable laws. Except for your own User Generated Content, you hereby agree: (i) you have no rights
in or to the Content, and you will not use the Content except as permitted under these Terms; (ii) to retain all
copyright and other proprietary notices contained in the original Content on any copy you make of the Content,
(iii) not to sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform,
make a derivative version of, distribute, or otherwise use or exploit the Content in any way for any public or
commercial purpose. Except for your own User Generated Content, the publication, use or posting of the
Content on any other website, in a networked computer environment, or in any other forum for any
purpose is expressly prohibited.
Security. You agree not to circumvent, disable or otherwise interfere with security related features of the Website
or the Services, including any features that prevent or restrict use or copying of any Content or Services, or
enforce limitations on use of the Website, the Services or the Content. You shall not decompile or disassemble,
reverse engineer or otherwise attempt to discover, acquire, copy or emulate any source code or object code
contained in the Services or the Website.
User Generated Content. We reserve the right (although we have no obligation), to monitor User Generated
Content, and remove any User Generated Content at any time, in our sole discretion, without any notification or
explanation. User Generated Content may be readily accessible to the public via the Website, including any
confidential information and personally identifying information that you may make available online. With respect
to User Generated Content, we shall be free to use any ideas, concepts, know-how, or techniques contained
therein for any purpose whatsoever including, but not limited to, the development, production and marketing of
products and services that incorporate such information.
All Content included on this Website, including, without limitation, text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the property of Aqua or its Content suppliers
and protected by United States and international copyright laws. The compilation of all Content on the website is
the exclusive property of Aqua, with copyright authorship for this collection by Aqua, and is protected by U.S. and
international copyright laws.
Aqua is the owner or licensee of certain trademarks, service marks and logos (registered and unregistered) (the
“Aqua Trademarks”). Other product and service names and logos used and displayed on this Website may be
trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or
connected to Aqua. Nothing on the Website should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of the Aqua Trademarks displayed on this Website, without our prior
written permission in each instance. All goodwill generated from the use of the Aqua Trademarks will inure to our
LICENSE AND SITE ACCESS
Aqua grants you a limited license to access and make personal use of the Website. Anyone accessing the
Website, the Service, or any Content, or any portion thereof, in any manner whatsoever, whether by logging into
the URL, or in any other way accessing or using the IP address of the Website, or accessing the server from
which Aqua or its agent hosts the Website, or downloading, looking at, or in any way or format accessing the
Content (including, without limitation, crawling, scrapping, or otherwise obtaining data or information), is subject
to these Terms.
You have no right to: (i) collect, aggregate, copy, duplicate, display or create derivative works of the Services or
any Content available on the Website (except for your own User Generated Content); (ii) engage in crawling,
scrapping or similar activities; or (iii) use automated means, including data mining, robots, crawlers, spiders, or
similar data gathering, extraction tools and the like on the Website for any purpose. You agree not to use any
means or measures whatsoever to circumvent any technological measure in place to prevent unauthorized use
of the Website, the Content or the Services. Any copying, aggregation, display, distribution, performance or
derivative use of any Content posted on the Website whether done directly or through intermediaries (including
but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
Any access to or use of the Website to design, develop, test, update, operate, modify, maintain, support, market,
advertise, distribute or otherwise make available any program, application or service (including, without limitation,
any device, technology, product, computer program, mobile device application, website, or mechanical or
personal service) that enables or provides access to, use of, operation of or interoperation with Aqua (including,
without limitation, to access Content, post Content, cross-post Content, re-post Content, respond or reply to
Content, verify Content, transmit Content, create accounts, verify accounts, use accounts, circumvent and/or
automate technological security measures or restrictions, or flag Content) is prohibited. This prohibition
specifically applies, but is not limited to, software, programs, applications and services for use or operation on or
by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or
in the future.
If you access the Website or copy, display, distribute, perform or create derivative works from the Website pages
or other Aqua intellectual property in violation of these Terms or for purposes inconsistent with these Terms, your
access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any
technological restriction or security measure on the Website or any provision of these Terms that restricts
Content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that
cached copies of the Website pages on your computer or computer server constitute “copies” under the Copyright
Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone
verification are “technological measures” that effectively control access to copyright-protected components and
rights of Aqua pursuant to 17 U.S.C. § 1201.
Notwithstanding the foregoing Aqua may, by prior written consent in each case, permit general purpose internet
search engines (that provide a method of “opt-out”), and non-commercial public archives that gather information
to access the Website for the sole purpose of displaying hyperlinks to the Services, Content or the Website,
provided that: (i) they do so from a stable IP address or range of IP addresses using an easily identifiable agent;
and (ii) specifically exclude any website, search engine or other service that specializes in classified listings
including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which
otherwise provides classified ad listing services. Anything to the contrary contained herein notwithstanding,
Aqua specifically reserves the right to terminate your access and use of the Website, the Services and/or
the Content, including any ability to extract data from or through the Website, for any reason or no
reason, at any time and at its sole discretion.
LINKS TO OTHER WEBSITES
This Website may periodically provide links to third party websites (“Third-Party Websites”). These Terms
governs only this Website and not any Third Party Websites. Our decision to link to a Third-Party Website is not
an endorsement of the content, products or services in that linked Third Party Website. If you decide to access
linked Third-Party Websites, you do so at your own risk. You should direct any concerns regarding any Third-
Party Websites to the administrator of the applicable Third-Party Website. We also prohibit the use of any links
to the Website from any other websites unless establishment of such a link is approved in advance by us in
writing. You may not frame any elements of the Website with any other website.
ADVERTISEMENTS ON THE WEBSITE
Aqua, in its sole discretion, may post the advertisements of third parties on the Website. The display of
advertisements on the Website is not intended as and does not in any manner constitute a recommendation,
endorsement, or approval of the advertiser or its products or services by Aqua. Your correspondence or any
other dealings with advertisers found on the Website are solely between you and such advertiser and we are not
responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a
result of any such dealings or as the result of the presence of such advertisers on the Website.
SECURITY OF THE WEBSITE
Actual or attempted unauthorized use of the Website, the Content or the Services may result in criminal and/or
civil prosecution. Aqua reserves the right to view, monitor, and record activity on the Website without notice or
permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law
enforcement organizations in connection with investigation or prosecution of possible illegal activity on the
Website. Aqua will also comply with all court orders as well as all law enforcement and regulatory inquiries
involving requests for such information.
Aqua does not endorse any User Generated Content or any opinion, statement, recommendation, claim or advice
expressed in any User Generated Content, and expressly disclaims any and all liability associated with User
NO RESPONSIBILITY FOR CONNECTIVITY
You are solely responsible for the means you use to access the Website and all costs associated therewith. You
understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet
service provider and other third parties involved in connecting you to the Website.
We may terminate these Terms and your access to all or any part of the Website, the Content or the Services at
any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or
discontinue all or any part of the Website, the Content or the Services at any time without prior notice or liability.
You agree to defend, indemnify and hold Aqua harmless from and against any and all claims, losses, liabilities,
and expenses (including attorneys’ fees) arising from: (i) your breach of these Terms, or (ii) your violation of any
third party right including, without limitation, any intellectual property right, privacy right, or right of publicity. We
shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control
of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any
reasonable requests assisting our defense. This defense and indemnification obligation will survive termination,
modification or expiration of these Terms.
ACCEPTABLE USE POLICY
By accessing and/or using the Website or the Services, you hereby agree to the following “Acceptable Use
• You will not use the Services for any unlawful purpose;
• You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
o is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit,
invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains
hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin,
religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
o discloses any sensitive or personal information about another person, including that person’s
e-mail address, postal address, phone number, credit card information, or any similar
• You will not “stalk” or otherwise harass another person;
• You will not spam or use the Services or the Website to engage in any commercial activities, including,
without limitation, raising money; advertising or promoting a product, service, website, or company; or
engaging in any pyramid or other multi-tiered marketing scheme;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation
with a person or entity; or
• You will not interfere with or attempt to interrupt the proper operation of the Services through the use of
any virus, device, information collection or transmission mechanism, software or routine, or access or
attempt to gain access to any data, files, or passwords related to the Services through hacking, password
or data mining, or any other means
Any activities (including, but not limited to, posting voluminous content) that are inconsistent with use of the
Website, Services or Content in compliance with these Terms or the Acceptable Use Policy, or that may impair
or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of
all or any part of the Website, Services or Content in any manner are expressly prohibited. Any attempt (whether
or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any
unauthorized or prohibited activities is also expressly prohibited and is a violation of these Terms.
Let us know if you notice inappropriate conduct on the Website or in connection with the Services, or believe that
a user has violated our Acceptable Use Policy. We will investigate and take appropriate action.
YOUR MEMBERSHIP ACCOUNT
You may be required to create an account on our website to purchase Products. 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 involvement of a parent or guardian. Aqua and its associates reserve the
right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
EXCEPT FOR ANY GUARANTEES EXPRESSLY PROVIDED HEREIN, AQUA, ITS AFFILIATES, AND ITS AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “AQUA
PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE
WEBSITE, THE SERVICES (INCLUDING THE PRODUCTS, AND PURCHASE AND SALE OF THE
PRODUCTS), OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. THE WEBSITE, THE SERVICES (INCLUDING THE PRODUCTS, AND PURCHASE
AND SALE OF THE PRODUCTS) AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT ANY WARRANTIES OF ANY KIND.
LIMITATION OF LIABILITY
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING OUT
OF THE ALLEGED ACTIVE OR PASSIVE NEGLIGENCE OF THE AQUA PARTIES: (I) THE AQUA PARTIES,
OR ANY OF THEM, SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION RESULTING FROM YOUR USE
OR INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT, THE PRODUCTS OR YOUR
PURCHASE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE, EVEN IF THE AQUA PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU
MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT, THE
PRODUCTS OR YOUR PURCHASE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE SHALL BE
LIMITED TO THE MONIES YOU HAVE PAID TO US IN CONNECTION WITH THE SAME DURING THE THREE
(3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SINCE SOME
STATES DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS
ON WARRANTIES MAY NOT APPLY TO YOU AND SUCH WARRANTIES SHALL BE AMENDED TO BE AS
BROAD AS POSSIBLE UNDER THE EXISTING LAW IN SUCH STATES.
AGREEMENT TO ARBITRATE
In the event of a dispute arising under or relating to these Terms, the Website, the Services, the Products or the
Content, including any claim based on a federal or state statute (each, a “Dispute”), either party may elect to
finally and exclusively resolve the Dispute by binding arbitration. The arbitrator shall determine the rules of the
arbitration with express instructions to define rules that are most expeditious and cost-effective for the Parties.
If a mutually agreeable arbitrator cannot be determined by the Parties, each Party shall individually nominate an
arbitrator and both nominated arbitrators shall determine an adequate arbitrator. Any decision by the arbitrator
may be reduced to judgment in a competent jurisdiction. This section shall in no way limit the Parties’ right to
injunctive relief. THE PARTIES HERETO WAIVE A JURY TRIAL IN ANY DISPUTE OR LITIGATION WITH
RESPECT TO THIS AGREEMENT. The prevailing party in any Dispute may be awarded its reasonable attorney’s
fees and costs.
Exceptions to the Agreement to Arbitrate. Either party may bring a claim in a small claims court located in the
United States county where you live, if the claim is permitted by such court’s rules and is within such court’s
jurisdiction. Moreover, either party may bring a lawsuit in court solely for injunctive relief to: (i) stop the
unauthorized use or abuse of the Services; (ii) stop intellectual property infringement (for example, trademark,
trade secret, copyright, or patent rights), or (iii) protect proprietary interests. The parties agree that an actual or
threatened violation of intellectual property rights and confidential and proprietary information will cause
irreparable harm and that remedies at law would be inadequate to redress any actual or threatened violation
Judicial Forum for Disputes. In the event that this Agreement to Arbitrate is found not to apply to you or your
claim, you and Aqua agree that any judicial proceeding (other than small claims actions) will be brought in a
federal or state court located in Boulder County, Colorado. Both you and Aqua consent to venue and personal
These Terms are governed by the internal substantive laws of the State of Colorado, without respect to its conflict
of law provisions. You acknowledge that your access to the Website, the Services and/or the Content constitutes
a volitional action within the State of Colorado, and you expressly agree to submit to the exclusive personal
jurisdiction of the state and federal courts sitting in the State of Colorado.
The failure of Aqua to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such
right or provision.
In addition to any provision regarding termination and your license grant to Aqua for the User Generated Content,
the following provisions shall survive termination or expiration of these Terms: “Intellectual Property Rights,”
“Warranty Disclaimer,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous.”
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but
may be assigned by Aqua without restriction. Any assignment or transfer by you shall be null and void.
These Terms shall inure to the benefit of and be binding upon each party’s successors and our permitted assigns.
You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any
government authority or agency which govern your use of the Website and the Services. Without limiting the
generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export
any of the Content to countries or persons prohibited under the export control laws of the United States. All rights
not expressly granted herein are reserved by Aqua and its licensors.
Please review our other policies posted on the Website. These policies also govern your visit to the Website.
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 regarding our Terms, or other related materials can be directed to our support staff by clicking on the
“Contact Us” link in the side menu. Or you can email us at: firstname.lastname@example.org.