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AquaNui Home Water Distillers

A Pure Water® Brand

Terms

Terms of Use

June 1, 2013

Welcome to MyAquaNui.com (the “Site”), which is operated by Pure & Secure, LLC, a Nebraska limited liability company (“AquaNui”). Please review the following terms and of use (“Terms of Use”) as they form a binding agreement between you and AquaNui. You accept and agree to these Terms of Use by engaging in any of the following activities: visiting or using the Site; shopping for or purchasing AquaNui products; using any AquaNui mobile applications; or using software provided by AquaNui in connection with any of the foregoing (collectively “AquaNui Services). The term “you” refers to the user or viewer of our Site. If you do not agree with and agree to comply with these Terms of Use, please do not use this Site and exit it immediately.

We offer a range of AquaNui Services and products, and sometimes additional terms may apply. When you use an AquaNui Service or purchase or use an AquaNui product, you also will be subject to the guidelines, terms and agreements applicable to that AquaNui Service (“Additional Terms”). If these Terms of Use are inconsistent with the Additional Terms, those Additional Terms will control.

  1. Privacy. by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed at this link. [Privacy Policy] Please review our Privacy Policy carefully.
  2. Electronic Communications. When you use any AquaNui Service, access this Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other AquaNui Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  3. Products; Resale Prohibited. Only end users may purchase AquaNui products because those products are intended for use only by the end user. Resellers are prohibited from purchasing AquaNui products through the Site; any attempt to purchase products listed on the Site with the intent of reselling them to end-users violates these Terms of Use.
  4. Content Ownership; Copyright. All content included in or made available through any AquaNui Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of AquaNui, its parent company, or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AquaNui Service is the exclusive property of AquaNui (or its parent company) and protected by U.S. and international copyright laws.
  5. Trademarks. AquaNui and the AquaNui logo are trademarks either owned by AquaNui or licensed to AquaNui in the U.S. and other countries. You must not use AquaNui’s trademarks in connection with any non-AquaNui product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AquaNui. All other trademarks not owned by or licensed to AquaNui that appear in any AquaNui Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AquaNui.
  6. Patents. Portions of the AquaNui Services and the products accessible via the AquaNui Services operate under license of one or more patents that are owned by or licensed to AquaNui.
  7. License And Access. Subject to your compliance with these Terms of Use and your payment of any applicable fees, AquaNui or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the AquaNui Services and the Site. This license does not include: any resale or commercial use of any AquaNui Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AquaNui Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Additional Terms are reserved and retained by AquaNui or its licensors, suppliers, publishers, rightsholders, or other content providers. No AquaNui Service, nor any part of any AquaNui Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AquaNui. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AquaNui without AquaNui’s express written consent. You must not use any meta tags or any other “hidden text” utilizing AquaNui’s name or trademarks without the express written consent of AquaNui. You must not misuse the AquaNui Services. You may use the AquaNui Services only as permitted by law. The licenses granted by AquaNui terminate if you do not comply with these Terms of Use or any Additional Terms.
  8. Your Account. If you use any AquaNui Service, 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. AquaNui does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the AquaNui Services only with involvement of a parent or guardian. AquaNui may refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
  9. User-Generated Content. AquaNui may permit you to post content, including text, images, photographs, graphics, comments, reviews, bulletin-board postings, and other user-created and posted materials (“User Content”), to public areas or private portions of the Site. All User Content is subject to the restrictions set forth in these Terms of Use. If you post any User Content to any portion of the Site, you agree not to post any User Content that is unacceptable (“Unacceptable Content”); Unacceptable Content includes, but is not limited to, User Content that:
    1. is obscene, indecent, lewd, or profane, including any User Content that is violent, pornographic, sexually explicit, obscene, offensive, indecent, or that otherwise contains nudity or sexual material, or depictions of violent or sexual acts;
    2. is abusive, harassing, hateful, threatening, inflammatory or otherwise objectionable, including User Content used to harass, threaten, or stalk a person;
    3. is unlawful or that could facilitate the violation of any applicable law, regulation, or governmental policy;
    4. is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
    5. offers or otherwise disseminates any fraudulent goods, services, schemes or promotions, including pyramid schemes, or is otherwise deceptive;
    6. involves commercial activities or sales, including but not limited to contests, sweepstakes, and other sales promotions or advertising;
    7. is libelous, defamatory, knowingly false, or misrepresentative;
    8. seeks to impersonate any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
    9. infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, patents, rights of privacy, rights of publicity, or trade secrets of that third party, or is otherwise posted without the express permission of the owner of such rights;
    10. includes any material that is encrypted or that involves the transmission of spamming, unsolicited mass mailing, “junk mail,” or unauthorized advertising;
    11. is harmful or malicious to the systems or networks of AquaNui or any other persons;
    12. interferes with, surreptitiously intercepts, or appropriates any system, program, data, or personal information;
    13. violates any obligation of confidentiality or violates the privacy or any other right of any third party;
    14. consists of any other User Content that AquaNui in its sole discretion deems to be Unacceptable Content.
  10. Use of Content Supplied by You. Please see our Privacy Policy for information regarding use of personal information you provide or communicate to AquaNui. By posting User Content or engaging in any other form of communication through the Site, you grant to AquaNui, and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, transmit, display, publish, adapt, modify, distribute, prepare derivative works, publicly perform, or exploit in any way (collectively “Use”) such User Content or communication and to grant and authorize sublicenses of the foregoing for any purpose, including commercial purposes. AquaNui does not necessarily endorse, support, or agree with the Content posted by users on AquaNui. Any User Content placed on AquaNui, including advice and opinions, are the views and responsibility of those who post the User Content and do not necessarily represent the views of AquaNui or its third party service providers. AquaNui may (but undertakes no duty to) review, edit, move, or delete any User Content posted on [companydomain].com, in its sole discretion without notice. You agree that AquaNui and any third-party service providers are not responsible for, and will have no obligation to compensate you or otherwise be in any way liable to you for any User Content posted to the Site by you or others, including without limitation Unacceptable Content that violates these Terms of Use. 
  11. Shipping Loss. All items purchased from AquaNui are shipped under a third-party shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
  12. Returns. AquaNui accepts returns only for products under warranty (if any), and only to the extent of and through the methods specified in any applicable limited warranty.  All returns are subject to a 15% restocking fee.
  13. Product Descriptions. AquaNui attempts to be as accurate as possible, but AquaNui does not warrant that product descriptions or other content of any AquaNui Service is accurate, complete, reliable, current, or error-free. If a product offered by AquaNui itself is not as described, your sole remedy is to return it in unused condition.
  14. Pricing. Pricing is specified on the Site’s Pricing Page, which is incorporated by reference into these Terms of Use.
  15. Third-Party Businesses. Parties other than AquaNui may offer AquaNui products on this Site or through other means. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We do not examine, evaluate or otherwise warrant the offerings of, any of these businesses or individuals or the content of their Web sites. AquaNui does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and those third party terms of use.
  16. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY WRITTEN EXPRESS LIMITED WARRANTY THAT IS OFFERED WITH AN AQUANUI PRODUCT: (A) THE AQUANUI SERVICES, PRODUCTS, THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE AQUANUI SERVICES ARE PROVIDED BY AQUANUI ON AN “AS IS” AND “AS AVAILABLE” BASIS; (B)YOUR USE OF THE AQUANUI SERVICES, ANY AQUANUI PRODUCTS, AND THE SITE IS AT YOUR SOLE RISK; (C) TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AQUANUI AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES: (I) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR RELIABILITY; AND (II) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICICIOUS SOFTWARE (MALWARE) WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE.
  17. LIMITATION OF LIABILITY. AQUANUI IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AQUANUI SERVICE, PURCHASE OF ANY AQUANUI SERVICE OR PRODUCT, USE OF OR ACCESS TO THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AQUANUI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS OR REVENUES.
  18. INAPPLICABILITY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  19. Disputes. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. Any dispute or claim relating in any way to your use or purchase of any AquaNui Service, purchase of any AquaNui product, access to the Site, or to any interaction between you and AquaNui or an AquaNui officer, employee, or agent will be resolved by binding arbitration, rather than in court. Any claims that qualify for small claims court may, however, be asserted in small claims court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. But an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Legal Department, Pure & Secure LLC, 4511 NW 44th Street, Lincoln, Nebraska 68524. AquaNui will respond to you with further instructions. The American Arbitration Association (“AAA”) will conduct the arbitration under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Both you and AquaNui 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.
  20. Applicable Law. By using any AquaNui Service, purchasing an AquaNui product, or accessing MyAquaNui.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nebraska, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and AquaNui.
  21. Site Policies, Modification, and Severability. Please review our other policies, such as our Pricing Page posted on this Site. These policies also govern your use of AquaNui Services. AquaNui may modify this Site, policies, Pricing Page, Additional Terms, and these Terms of Use at any time. Any invalid, void, or otherwise unenforceable provision will be deemed severable and will not affect the validity and enforceability of any remaining provision.
  22. Our Address. Pure & Secure, LLC, 4511 NW 44th Street, Lincoln, NE 68524, USA; http://www.MyAquaNui.com. Our email address is sales@MyAquaNui.com
  23. Copyright Complaints. We respect the intellectual property rights of others and would never intentionally permit content on our Site that infringes those rights. If you believe that anything on our Site has been copied in a way that constitutes copyright infringement, please send us a notice to the address noted above or via e-mail to Admin@MyAquaNui.com that contains the following: (i) your signature (either physical or electronic); (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of those works; (iii) identification of the material you believe to be infringing in a manner that will allow us to locate that material; (iv) your contact information (including your name, postal address, telephone number and, e-mail address); (v) a statement that you have a good faith belief that the use of the copyrighted material is not authorized; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  24. Additional AquaNui Software Terms. The follow following additional terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with AquaNui Services (the “AquaNui Software”).
    1. Use of the AquaNui Software. You may use AquaNui Software only to enable your use and enjoyment of the AquaNui Services. You are prohibited from: incorporating any portion of the AquaNui Software into your own programs, compiling any portion of it in combination with your own programs, transferring it for use with another service, or selling, leasing, loaning, distributing sub-licensing, assigning, or in any way transferring the AquaNui Software or the rights to the AquaNui Software in whole or in part. You must not use the AquaNui Software for any illegal purpose. AquaNui may cease providing any AquaNui Software and may terminate your right to use any AquaNui Software at any time. Your rights to use the AquaNui Software will automatically terminate without notice if you fail to comply with any of these Software Terms, the Terms of Use, or any other Additional Terms. Additional third party terms identified in related documentation may apply to that AquaNui Software (or software incorporated with the AquaNui Software) and will control over a conflicting provision in these Terms of Use. All software used in any AquaNui Service is the property of AquaNui or its software suppliers and protected by United States and international copyright laws.
    2. Use of Third Party Services. Your use of AquaNui Software may result in the use of the services of one or more third parties, such as a third-party software company, a wireless carrier, or a mobile platform provider. Your use of these third-party services may be subject to the separate terms of use, policies, and fees of these third parties.
    3. No Reverse Engineering. You must not directly or indirectly (or assist or encourage others to): copy, modify, distribute, transfer, reverse engineer, decompile, disassemble, create derivative works from, or otherwise tamper with, the AquaNui Software.
    4. Updates. AquaNui may, at its discretion, automatically update the AquaNui Software or offer manual updates at any time with or without notice to you.
  25. Entire Agreement. These Terms of Use and the Privacy Policy, and any other incorporated terms constitute the entire agreement between you and AquaNui regarding your use of and access to the MyAquaNui.com website and the services and prooducts provided by AquaNui; these Terms of Use supersede all prior agreements or understandings, whether oral or written, relating to that subject matter. Any purchase of merchandise or services through a third-party provider or access to a third-party website will be subject to any agreement or understanding between you and that third-party.