Customer Service: 800-220-6570

Terms of Use and Conditions for Sale


PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE.
This product website (the “Website”) is owned and operated by AquaTru, LLC and its affiliates (collectively “Company”, “us”, “we” or “our”). These Terms of Use and Conditions of Purchase and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and Company. This Agreement governs your access to and use of any Company Website, any order you place through a Company website or by telephone, and, as applicable, your use or attempted use of our products and services (collectively, “Your Use”).

Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A COMPANY PRODUCT.

1. ARBITRATION AGREEMENT. ALTHOUGH DISPUTES WITH OUR VALUED CUSTOMERS ARE RARE, IN THE UNLIKELY EVENT OF A DISPUTE, WE HAVE ESTABLISHED THIS ARBITRATION AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE “PRODUCTS”) FOR MORE THAN THIRTY (30) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO COMPANY WITHIN THIRTY (30) DAYS OF RECEIPT FOR A FULL REFUND. THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR AND/OR SELLER OF THIS PRODUCT (COLLECTIVELY, “COMPANY”), MUST BE RESOLVED THROUGH BINDING ARBITRATION AND NOT IN COURT. IT ALSO PROVIDES THAT ANY DISPUTE CANNOT BE RESOLVED IN A CLASS ACTION OR OTHER PROCEEDING WHERE YOU REPRESENT OTHER PERSONS OR OTHER PERSONS REPRESENT YOU, AND THAT NO CLASS OR REPRESENTATIVE ARBITRATIONS ARE PERMITTED. PLEASE CAREFULLY READ ALL TERMS IN THIS AGREEMENT.

2. RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Company (or any of Company’s subsidiaries or affiliates) arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation is reciprocally binding on both you and the Company and applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.

3. LIMITATION OF LEGAL REMEDIES. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you and the Company from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. The parties agree that no class or representative actions of any type are permitted.

4. ARBITRATION PROCEDURES. a. Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the Company to try to resolve the matter by calling 800-218-3560, although you are not required to do so. b. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules. These rules and procedures are available by calling JAMS or by visiting its web site at www.jamsadr.com. The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who has at least five years of experience conducting arbitrations. c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or the location in which you received this Agreement. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions. d. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management Fee and all professional fees for the arbitrator’s services. The Company shall pay the fees and costs of its own counsel, experts and witnesses and shall not be able to recoup them from you even if you do not prevail in the arbitration. Unless otherwise provided by law, you acknowledge and agree that you shall pay the fees and costs of your own counsel, experts and witnesses.

5. CHOICE OF LAW. The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the parties acknowledge that this Agreement involves a transaction conducted in interstate commerce. Otherwise, this Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.

6. SEVERABILITY. If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.

7. ELIGIBILITY. In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.

8. USER-GENERATED CONTENT. Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Company and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify Company for all claims relating to Your Content. We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Company has the right, but not the obligation, to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.

9. USER CONDUCT. You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent: (i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website; (ii) modify, distribute, or re-post any content on the Website for any purpose; or (iii) use the content of the Website for any commercial exploitation whatsoever. In using the Website, you further agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website; (b) not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website; (c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files; (d) not to use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Company’s express written consent; (e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website. (f) not to use meta tags or any other “hidden text” utilizing a Company name, trademark, or product name without Company’s express written consent; (g) not to deeplink to the Website without Company’s express written consent; (h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website; (i) not to collect or store personal data about others; (j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (k) not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you; (l) to comply with all applicable laws regarding your use of the Website.

10. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE.
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.