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Terms of Service


Section 1. Acceptance of Terms

Greetings and welcome to our site! The Aquanda.com web ("Site") is an online information service provided by Aquanda, and by using it you agree to be bound by the following Terms of Service ("TOS").

If you submit answers you must comply with the Community Guidelines.

Aquanda reserves the right to change terms and conditions applicable to the Site, or to impose new terms and conditions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.

As a user, you agree to use the services offered by Aquanda in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be submitted or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. Aquanda prohibits conduct that might constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of Aquanda is also prohibited.

Section 2. User Submissions

Any communication which you post to the Site or transmit to the Aquanda or to the Site by email or other medium can be used by Aquanda on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or harmfully embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; or impersonate another person.

Aquanda does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.

Aquanda does not always screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, Aquanda may investigate the allegation and determine in good faith and its sole discretion whether to remove. Aquanda has no liability or responsibility to users of the Site for performance or nonperformance of such activities. Aquanda reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

Section 3. Links to Other Sites

The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Aquanda of the contents on such third-party Web sites. Aquanda is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Section 4. No Selling or Reselling

You agree not to copy, duplicate, reproduce, sell, trade, resell, or exploit for any commercial or other purposes, any portion of the Site.

Section 5. Advertisers

Your business dealings with advertisers found on or through the Site are solely between you and such advertiser. You agree that Aquanda shall not be liable or responsible for andy damage or loss or any sort incurred as the result of dealings or as the result of the presence of such advertisers on the Site.

Section 6. Use of Material

The contents of the Site, such as text, graphics, images and other material ("Material"), are protected by US and foreign copyright and trademark law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.

Section 7. Limitation of Liability

The Material may contain inaccuracies or typographical errors. Aquanda makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.

Aquanda DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Aquanda IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE Aquanda AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. Aquanda AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL Aquanda, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Aquanda IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, and hold harmless Aquanda, its officers, directors, employees, agents, partners, subsidiaries, affiliates and licensors from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from Content you submit, post, transmit or otherwise make available through the service or use of the Material or your violation of the terms or conditions of this agreement, or your violation of any rights of another.

Section 8. General

The Site is based in California. The Aquanda makes no claims that the Materials are appropriate or may be downloadable outside of the United States. Access to the Materials may not be legal by certain persons in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

You agree that regardless of any statute or law that is to the contrary, any claim, suit, or cause of action arising out of or related to the use of the Site or the TOS must be filed within one (1) year after such claim, suit, or cause of action arose or be forever barred.

If for some reason, Aquanda does not exercise or enforce any right or provision of the TOS will not be considered a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid the other provisions of the TOS remain in full force and effect. The parties agree that the court should give effect to the parties' intentions as reflected in the provision.

Please report any violations of the TOS using our feedback form.



 





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