Terms and Conditions
AKUA LLC. provides this Site and all content (collectively, the “Materials”) subject to the following terms and conditions.
Please read these Terms and Conditions of Use (“Terms”) carefully before using this Site. By your affirmative act of accessing and using this Site, you acknowledge and agree that you have read and are bound by the terms and provisions of these Terms. As used in these Terms and Conditions, the words “you” and “your” refer to any person accessing the Site. The words “we,” “us,” and “our” refer to AKUA LLC. We reserve the right to modify, alter, or otherwise update these Terms and Conditions at any time. We will post any such change at this Site, so you are encouraged to review these Terms and Conditions from time to time. Your continued use of our Site following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes.
Information Is Provided Solely for Informational Purposes
ALL MATERIALS ON OUR SITE ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. ALTHOUGH WE STRIVE TO PROVIDE ON OUR SITE THE LATEST DEVELOPMENTS RELATING TO OUR SERVICE AREAS, WE DO NOT WARRANT THE ACCURACY, EFFECTIVENESS, OR SUITABILITY OF ANY MATERIALS.
Ownership of Site and Contents; Downloading
This Site is owned by AKUA LLC. Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, links, logos, icons and other items and other materials that are part of or posted on our Site (collectively, the “Content”) are copyrighted works, trademarks, or other intellectual property owned, controlled, or licensed by AKUA LLC.
The Content of our Site and the Site as a whole are intended solely for your personal use. You may download or copy the Content displayed on our Site for such uses, provided that you understand and agree that you may not remove, alter or cover any copyright or other proprietary notices placed on our Site or the associated Content.
Restrictions on the Use of this Site
You are responsible for all activity related to your access or use of the Site and the Materials. You also are responsible for all activities under your password or registered account, if any, if you or if you allow others to use your relevant information to access and use the Site. In addition to the other restrictions contained in this Agreement, you acknowledge and agree that you will not, directly or indirectly, without our prior express written consent, (1) disguise the origin of information transmitted to or through this Site, (2) access or use this Site, the Materials or the Content for any purpose or in any manner inconsistent with the terms and provisions of this Agreement, (3) violate any federal, state, local or jurisdictional law, rule or regulation while accessing or using this Site, the Materials or the Content, (4) infringe upon or violate the intellectual property rights, privacy rights, moral rights, rights of attribution or any other similar rights of any individual or entity while accessing or using this Site, the Materials or the Content or posting any content or information on the Site, (5) post, publish or transmit any information on this Site that is abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable, (6) post or publish any information on this Site that is intended to advertise or solicit business, including any multi-level marketing scheme, or that is a chain letter or part of a pyramid scheme, (7) harvest or collect information from the Site (including any user information) for the purpose of sending unsolicited bulk e-mail or other forms of unsolicited bulk communications, (8) install, upload or otherwise introduce any material to this Site that contains any time bombs, Trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with this Site, the Materials or the Content, (9) frame or utilize framing techniques to enclose any portion or aspect of the Content, (10) corrupt, hack, modify or otherwise tamper with this Site, the Materials or the Content, (11) impersonate any individual or misrepresent your affiliation with any individual or entity, (12) access or use this Site in any manner that reflects negatively on our reputation or goodwill or (13) post content or information in areas of the Site not expressly designated and approved by us for posting.
Links to Other Web Sites
As a courtesy to you, this Site may contain links to websites and resources owned by other individuals and entities (collectively, the “Third Party Sites”). If you decide to visit the Third Party Sites, you acknowledge and agree that (1) you do so at your own risk, (2) it is your responsibility to guard against time bombs, Trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with your computer system, (3) we are not endorsing, nor are we responsible for, the information, advertising or the content contained on the Third Party Sites, or the products or services promoted, offered by or sold on the Third Party Sites, (4) your access to and use of the Third Party Sites is subject to the Third Party Sites’ terms and conditions of use (including their respective privacy polices), (5) we are not making any representations or warranties regarding the accuracy, appropriateness, availability, completeness, freedom from viruses, performance, quality, security or timeliness of the Third Party Sites or their content.
OUR SITE AND ALL CONTENTS AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR SITE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT AKUA LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE, ON BEHALF OF OURSELVES AND THE REMAINING INDEMNIFIED PARTIES, EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR LOSSES, INCLUDING DAMAGES FOR LOSS OF USE OF THE MATERIALS OR THE CONTENT, LOST ACCESS TO THIS SITE, LOST PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH OR RELATED TO (1)YOUR ACCESS TO OR USE OF THE SITE, THE MATERIALS, THE CONTENT, THE THIRD PARTY SITES OR THE INTERNET, (2) YOUR POSTING, PUBLISHING OR TRANSMITTING OF THE USER INFORMATION ON, THROUGH OR TO THIS SITE OR THE THIRD PARTY SITES, (3) ANY DISCONTINUATION, SUSPENSION OR TERMINATION OF THE SITE, THE MATERIALS OR THE CONTENT, (4) ANY THIRD PARTY STATEMENTS OR CONDUCT ON THE SITE, (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (6) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY, USEFULNESS OR APPLICABILITY OF ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SITE, OR (7) YOUR VIOLATION OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, EVEN IF WE WERE ADVISED OF SUCH POSSIBILITY, OR IF SUCH CLAIM, DAMAGE, EXPENSE OR LOSS WAS FORESEEABLE IN ANY WAY.
IN THE EVENT ANY INDEMNIFIED PARTY IS FOUND TO BE RESPONSIBLE TO YOU FOR ANY CLAIM, DAMAGE, EXPENSE OR LOSS, SUCH INDEMNIFIED PARTY SHALL BE LIABLE ONLY FOR ACTUAL CLAIMS, DAMAGES, EXPENSES OR LOSSES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR REMEDIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE.
Except to the extent expressly provided in another written agreement between you and us, this Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and it supersedes any prior agreements between you and us with respect to the subject matter hereof. If any term or provision under this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or provision of this Agreement shall be deemed to be a further or continuing waiver of such term or provision, or of any other term or provision. We may assign our rights and obligations under this Agreement to any individual or entity at any time and without notice to you. The section headings used in this Agreement are for convenience only and have no legal effect.