Terms and Conditions of Service - AirWater - AirWater Terms
1. General Terms.
These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on Seller's Website (the "Site") or otherwise requesting products (the "Products") or engaging Seller to perform or procure any Services (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on the Site at the time Customer places an order or signs a Statement of Work will govern the order in question, unless otherwise agreed in writing by Seller and Customer.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Seller. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
If you do not agree with the terms and conditions of this agreement you must not use the Heater-store site for services.
2. Offer Acceptance.
By submitting a completed order at the time of checkout, pursuant to these Terms and Conditions, the products or items you select will be submitted to Mega Super Stores, Inc. electronically in the form of a purchase order. Mega Super Stores, Inc. may accept your order by sending you a confirmation email that your order has been received and accepted. However, it will be at Mega Super Stores, Inc. discretion to accept or reject the order you submit to us. Therefore, for all technical purposes your order is to be understood to be an offer to buy from us specific items and we reserve the right to accept or reject your offer. In the event that Mega Super Stores, Inc. accepts your offer to buy items through our AirWater website and subsequent web-pages, this Terms of Service Agreement, between you and Mega Super Stores, Inc. will govern as the legal binding agreement between both parties. The only parties that can be involved in this agreement and resolve disputes are you (the person submitting the order) and Mega Super Stores, Inc.
If Mega Super Stores, Inc. accepts your order, Mega Super Stores, Inc. shall in return for your payment, provide the products that you have requested electronically, through the on-line shopping service offered in the AirWater website and subsequent web-pages. The product shall be delivered to you through a bona fide shipping service, selected by you at the time of purchase in the checkout page.
4. Disclaimer of Products sold on the Website.
While we work to ensure that product information on this web site is correct, on occasion manufacturers may alter their technical specification lists or product descriptions. Actual product packaging and materials may contain more and/or different information than that shown on our web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using a product.
For additional information about a product, please contact the manufacturer. Content on the AirWater site is for reference purposes only and is not intended to substitute for updated Manufacturer’s information. You should not use information on this site to provide advice to someone else.
5. Product Pricing and Charges.
The prices quoted on our website at the time of your offer to buy are estimated prices only. You will be charged prices for products you purchased at the time of leaving the checkout. The actual prices at the time of delivery may vary slightly either down or up. Delivery times will be as agreed at the time of the order. All goods will be delivered to the address provided by you at the time of purchase. There will be service fees charged for every order placed through our website. These service charges vary depending on the products purchased and the required consolidation by our fulfillment center. Service charges or fees will not be reimbursed. Service charges will always apply no matter how big or small the order.
Item on the website will be periodically or from time to time be offered at special low prices. There may also be promotions like, “buy one get one free” or “buy two and get one free”. To be sure you get the product and quantities you desire, please indicate the exact quantity you want to buy. We will deliver to the best of our ability the exact number of requested products. Refunds or credits will only be issued on promoted items that are shipped and are specifically paid for at the time of shipment. There will be no refunds on items that have been shipped but you did not pay for.
7. Customer Communications.
Mega Super Stores, Inc. will conclusively assert that our online communications with you are received by you through the use of the online order form and shopping cart system. We conclusively assert that the information provided by you is accurate to the point that you are the buyer and the receiver of the ordered goods. You hereby agree not to contest the validity and binding effect of our communications.
There will be occasions when Mega Super Stores, Inc. will contact you via email in regards to issues pertaining to your purchase. These emails are referred to by us as: “Special Service Notification”. You must read these emails as they will pertain to your order and will keep you informed of possible events that affect your shipment(s).
You must be 18 years of age or older in order to order with Mega Super Stores, Inc.
9. Payment Methods.
You can pay by credit card. Visa, Mastercard, American Express, Discover . You can also pay through Pay Pal. You can pay when authorized through wire transfer when appropriate. Payment methods may vary from time to time as new payment methods become available.
10. Product Information.
Mega Super Stores, Inc. will attempt to update the product information as and when the information is provided to us by the manufacturer. Mega Super Stores, Inc. is not and will not be responsible for the accuracy of the product information that the manufacturer claims for its products. You must contact the manufacturer when having claims regarding the information or inaccuracies of a product.
11. Disclaimer of Warranty.
Customer understands that Seller is not the manufacturer of the Products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not the Seller. In purchasing the Products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the Products that may be provided by Mega Super Stores, Inc.. SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. Customer expressly waives any claim that it may have against Mega Super Stores, Inc. based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and also waives any right to indemnification from Seller or its Affiliates against any such Claim made against Customer by a third party. Customer acknowledges that no employee of Mega Super Stores, Inc. is authorized to make any representation or warranty on behalf of Mega Super Stores, Inc. that is not in this Agreement..
12. Limitation of Liability.
Mega Super Stores, Inc. shall not be liable to you for any interception of online communications, software or hardware problems (including without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of Mega Super Stores, Inc. Any liability of Mega Super Stores, Inc. (including its employees, affiliates or agents) to you for damages, injuries, losses and causes for legal action, of any nature whether in contract, tort, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to Mega Super Stores, Inc. in your most recent use of the online shopping service immediately or prior to the claimed injury, loss or damage.
Mega Super Stores, Inc. values you as a customer and your right to privacy. Except as it may be otherwise required by law, Mega Super Stores, Inc. (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is only available to personnel that have a need to know that information in relation to processing and fulfilling your order. (ii) Mega Super Stores, Inc. does not sell or share with anyone or any institution (unless requested by a judge or legal decree) your personal information. Your name, address, email and any other information that you may voluntarily provide us, will remain confidential and will not be used outside the scope of the online shopping service of Mega Super Stores, Inc. business requirements.
14. Applicable Law.
These Terms and Conditions and the order form, collectively constitute the sole and entire agreement between Mega Super Stores, Inc. and you regarding the online shopping services. In the event of dispute the parties (you and Mega Super Stores, Inc.) agree that the jurisdiction for disputes hereunder will be resolved according to the State of California Law and that the legal jurisdiction for any dispute will solely reside in the Carlsbad, San Diego County, California.
15. Changes to Terms and Conditions.
These Terms and Conditions may be amended from time to time. In the event that Mega Super Stores, Inc. makes changes or modifications to this Agreement, regarding the shopping online services offered, these changes will not be retroactive and will only apply on the orders you place after the amendment has been duly posted on our AirWater website. If there are any material changes and you have been a previous customer, Mega Super Stores, Inc. will plan to notify you of any material amendments to these Terms and Conditions Agreement so that you can review the updated version(s). Mega Super Stores, Inc. has no responsibility or obligation in notifying you before such changes are made to the Terms and Conditions Agreement or are posted on our website and become effective.
16. Agreement Governance.
These Terms and Conditions as amended from time to time shall be the sole terms of the agreement between you and Mega Super Stores, Inc. regarding your online purchases. All other statements on the website are intended only for your convenience and do not form part of this Agreement.
If you become aware of any unpaid taxes or other amounts with respect to your purchases, you must communicate / report this immediately to Mega Super Stores, Inc.
18. Mega Super Stores, Inc. Right to Refuse Service.
Mega Super Stores, Inc. in its sole discretion, reserves the right to refuse service to anyone with or without expressing cause or reason.
A. Copyright and Proprietary Rights
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mega Super Stores, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Mega Super Stores, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Mega Super Stores, Inc. or its software suppliers and protected by United States and international copyright laws
AirWater and other marks indicated on our site are trademarks of Mega Super Stores, Inc. or its subsidiaries, in the United States and other countries. Mega Super Stores, Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mega Super Stores, Inc. or its subsidiaries. Mega Super Stores, Inc. trademarks’ and trade dress may not be used in connection with any product or service that is not Mega Super Stores, Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AirWater or Mega Super Stores, Inc.. All other trademarks not owned by Mega Super Stores, Inc. or its subsidiaries 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 Mega Super Stores, Inc. or its subsidiaries.
C. License and Site Access.
Mega Super Stores, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mega Super Stores, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose, commercial or otherwise, without express written consent from Mega Super Stores, Inc. 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 Mega Super Stores, Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing AirWater’s name or trademarks without the express written consent of Mega Super Stores, Inc. Any unauthorized use terminates the permission or license granted by Mega Super Stores, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AirWater so long as the link does not portray AirWater, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Mega Super Stores, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
D. Testimonials, Comments, Communications or Registered Content.
Users may submit a Testimonial for posting on the site, or submit articles, suggestions, ideas, comments, questions, or other information via email. Users should take care that all content they submit is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such submitted content. Mega Super Stores, Inc. reserves the right (but not the obligation) to remove or edit or reject such content. If you do post content or submit material, and unless we indicate otherwise, you grant Mega Super Stores, Inc. and its affiliates a nonexclusive, 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 throughout the world in any media. You grant Mega Super Stores, Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit for posting; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mega Super Stores, Inc. or its affiliates for all claims resulting from content you supply.
E. Data Use.
Mega Super Stores, Inc. uses personally-identifying information in limited circumstances. For example, we use your name to thank you personally for your business when you make a purchase. We also use this information when you win a contest or sweepstakes. Mega Super Stores, Inc. may use your personal information to give you personal coupons, offers or other information which may be provided by Mega Super Stores, Inc. proprietary data base or from legally purchased third party companies that have the legal right to sell us your information. Mega Super Stores, Inc. does not sell or lease or loan for money or for free your personal information or any information we get directly from you or other customers.