Effective Date: February 16, 2021
These Terms of Service (these “TOS”) constitute a legally binding agreement made by and between Aqua Vida LLC, a Pennsylvania limited liability company, (“we” or “us” or “Company”) and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”). These TOS govern your use of aquavidamedia.com (collectively, the “Website”) and the content and services we offer on the Website (the “Services”), so please read it carefully.
WE MAY REVISE AND UPDATE THESE TOS FROM TIME TO TIME IN OUR SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM AND APPLY TO ALL ACCESS TO AND USE OF THE WEBSITE OR THE SERVICES THEREAFTER. HOWEVER, ANY CHANGES TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH BELOW WILL NOT APPLY TO ANY DISPUTES FOR WHICH PARTIES HAVE ACTUAL NOTICE ON OR PRIOR TO THE DATE THE CHANGE IS POSTED ON THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES FOLLOWING THE POSTING OF REVISED TOS MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES.
THESE TOS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
1. Using the Website and the Services.
You must comply with all of the terms and conditions of these TOS and all applicable laws, regulations, and rules when you use the Website or the Services. In your use of the Website and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other rights of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use or introduction of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Company or the Website, or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or any portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through any automated process, information about others without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other “hidden text” utilizing the names, trademarks or product names found on the Website; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in, or attempting to engage in, any activity prohibited by these TOS. If you become aware of any conduct that violates these TOS, please contact us at the addresses listed at the end of these TOS. We reserve the right, but will have no obligation, to respond to such communications except to the extent required by applicable law.
2. Your Content.
By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
(b) Objectionable Content.
We do not have the ability to control the nature of any user-generated content present on the Website or in the Services. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any such content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we, in our sole discretion, or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable or inappropriate (including, without limitation, because it violates these TOS).
3. Accuracy of Information.
We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain errors, inaccuracies or omissions. We assume no responsibility for such errors, inaccuracies or omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make any other changes to content or other information on the Website.
4. Information About You and Your Visits to the Website.
5. Intellectual Property Rights.
All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without our express written permission.
The Company names, the Company logos, and all related names, logos, brands, product and service names, designs and slogans, and any and all variations thereof, are trademarks of the Company or its affiliates or licensors.. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
6. Third Party Websites.
The Website may contain links to other websites on the Internet that are owned and operated by third parties, which are provided for your convenience only. We do not control the information, products or services available on any third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. If you decide to access any of the third party websites linked to or referred to in the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third parties. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
7. Linking and Framing.
You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website. You may not use any of our logos or other trademarks as part of a link without express written permission.
All comments, feedback, suggestions, ideas, and other submissions that you disclose submit or offer to us in connection with your use of the Website or the Services (“Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation to: (i) maintain any Comments in confidence; (ii) pay to you or any third party any compensation for any Comments; or (iii) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you provide.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any actual or alleged claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of these TOS or your use of the Website or the Service other than as expressly authorized in these TOS.
10. DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES.
BY USING THE WEBSITE OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT PROVIDING PROFESSIONAL ADVICE OF ANY KIND, AND THAT THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIALS DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ANY SITE LINKED TO OR REFERRED TO IN OR ON THE WEBSITE OR THE SERVICES.
YOUR USE OF THE WEBSITE AND THE SERVICES, AND ANY PRODUCTS OR SERVICES OBTAINED THEREBY, IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICES, AND ANY PRODUCTS OR SERVICES OBTAINED THEREBY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE SERVICES, OR ANY PRODUCTS OR SERVICES OBTAINED THEREBY, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICES, OR ANY PRODUCTS OR SERVICES OBTAINED THEREBY, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) EXCLUSION OF DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE AND THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS ON OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE WEBSITE OR THE SERVICES OR FOR ANY INFORMATION APPEARING ON ANY OTHER WEBSITE LINKED TO ON THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE AND/OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT FIRST GIVING RISE TO OUR LIABILITY, OR (II) FIFTY DOLLARS (U.S. $50.00).
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
(c) MARKETING DISCLAIMER.
11. Force Majeure.
You acknowledge and understand that, without limiting any other terms or conditions of these TOS, if the Company is unable to provide the Website or the Services as a result of a force majeure event the Company will not be in breach of any of its obligations towards you under these TOS. A force majeure event means any event beyond the control of the Company. THE COMPANY SHALL NOT HAVE ANY LIABILITY TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THESE TOS TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
12. Domestic Use.
We control the Website from our offices within the United States. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
13. Governing Law and Jurisdiction.
The offer and acceptance of these TOS are deemed to have occurred in the Commonwealth of Pennsylvania. All matters relating to the Website, the Services, these TOS and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). Subject to the provisions regarding arbitration below, any legal suit, action or proceeding arising out of, or related to, the Website, the Services or these TOS shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in Philadelphia County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Arbitration; Waiver of Jury Trial.
At our sole discretion, we may require you to submit any disputes arising from these TOS, the Website or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law and taking place in Philadelphia, Pennsylvania.
ARBITRATION PROCEDURES ARE TYPICALLY SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN THE COMPANY AND YOU IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in any state or federal court located in Commonwealth of Pennsylvania to enforce this TOS or prevent an infringement of a third party’s rights. In the event such equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such courts.
15. Waiver of Class or Consolidated Actions.
BY ENTERING INTO THESE TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TOS MUST BE ASSERTED INDIVIDUALLY.
16. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
17. Modification of Website or Services.
We may update the content of the Website or the Services from time to time, but we make no representation or warranty that such content is complete or up-to-date. Any material contained in the Website or the Services may be out of date at any given time, and we are under no obligation to update such material.
We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of these TOS. Following termination, we may prohibit you from using the Website or the Services. If your access to the Website or the Services is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website or the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. These TOS will survive indefinitely unless and until we choose to terminate them, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website or the Services.
These TOS contains the entire understanding between you and us regarding the use of the Website and supersede all prior and contemporaneous agreements and understandings, written or oral, between you and us relating thereto.
20. Additional Terms.
These TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS and all of your rights and obligations under them shall not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. Even after your rights under these TOS are terminated, all provisions of these TOS which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.
21. Your Comments, Questions and Concerns.
The Website is operated by Aqua Vida LLC, 45 E City Avenue #523, Bala Cynwyd PA 19004.
All feedback, comments, and other communications relating to the Website, the Services or these TOS should be directed to: email@example.com.