Terms & Conditions

Acceptance

This terms and conditions of the website’s use is a binding agreement. By accessing this site and using it in any form, you confirm that you understand, accept and agree to be bound by the following rules. If you disagree with these terms and conditions please cancel using this website.

Privacy Policy

By using this site you also agree with our privacy policy. We take all reasonable information to protect you personally identifiable information. For more information on how we collect and protect your information please visit our privacy policy page.

Account Information

You certify that all information that you provide for purposes of identification, billing, order processing and fulfillment including your legal name, phone, physical and email address is true, accurate and complete at the time you create an account or make an order. By creating an account on our website you accept full liability for any actions under your account on the site and agree to take all reasonable measures to keep your account log in information including username and password confidential on your computer or other device. You also confirm that you understand that misuse or fraudulent use of personal information may be a subject of criminal prosecution by federal or state government.

Use License

Aquatic Hero grants you a limited, non-transferable license to access and make personal, non-commercial use of this site and its information. This license doesn’t include any right for content redistribution, use on other websites, modification, collection and use of product descriptions, prices, data mining, mirroring the materials on other server and any other actions to which a written consent of Aquatic Hero has not been expressly received. Any unauthorized use and incompliance with this and other provisions leads to immediate termination of the license and blocking access to the site. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Any harassment, use of obscene or abusive language, impersonation of others via e-mail, review comments, live chat, or any other form is strictly forbidden.

Copyright and use of website content

Materials published on this site such as product descriptions, images, graphics, code and user generated content are protected by copyright laws. Any unauthorized use of these materials that may infringe intellectual property rights of the business and its affiliates and partners is strictly prohibited. However, you may download, print out and save on your browsing device pages and files contained on the site for the purposes of viewing information about your orders and accounts and buying products from the site. We ask you to refrain from any other actions with data, information and materials found on the site.

Trademarks

The site’s name, trademarks, brand identity elements, including but not limited to graphics, logos, service names and tag lines may not be used in connection with any product or service that is not related to the site, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the business . All other trademarks not owned by the business or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the business or its affiliates.

Website Modifications

Aquatic Hero reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Aquatic Hero does not undertake any obligation or responsibility to update or amend any such information.

Service Termination

We reserve the right, without notice and in our sole discretion, to terminate any or all of the site service and/or to block or prevent future access to and use of the website.

Disclaimer and Limitation of Liability

This website is provided on an "as is" and "as available" basis. We make no warranty of any kind, either express or implied. While we strive for accuracy, it does not warrant or guarantee the accuracy or completeness of any information, images or other data on the site and that any files available for downloading are free of defects or malware. Also, the site does not warrant to be error-, Trojan- and malware-free.

You expressly agree that Aquatic Hero shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this site in any way, or from the use of any products purchased through the site. Aquatic Hero shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Links to third party sites

External links may be provided for your convenience, but they are beyond the control of Aquatic Hero and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the package carrier service used for delivery.

Pricing Discrepancies

Despite our best efforts to maintain accurate pricing information, a small number of the items may be listed with incorrect prices. If the correct price of an item in your order is higher than our listed price, we will, at our discretion, either contact you for instructions before shipping or cancel your order, notify you about the cancellation and issue a credit to your credit card account if your credit card has been charged.

Jurisdiction and Applicable law

Your use of this website is governed by the laws of the state of Texas, USA, without regard to choice of law provisions, and not by the 1980 UN Convention on contracts for the international sale of goods. You give your consent to exclusive jurisdiction and venue in any legal disputes arising from your use of this in the state or federal courts located in Travis County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Aquatic Hero products) must be commenced within one (1) year after the claim or cause of action arises. Aquatic Hero’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Aquatic Hero may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability

Any provision of these terms and conditions, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Terms Modifications

Aquatic Hero reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions whenever you visit the site.