1. General Terms.
Customer Agrees to the following terms prior to buying products or pursuing services from Live Stores Inc. (dba “AirWater”):
Notwithstanding any statements on the AirWater website and related web-pages, these Terms and Conditions are the agreement between Live Stores Inc. and you. By completing the on-line purchase process, that is, submitting your order and completing the checkout process on the AirWater website, you affirm that you have read the Terms of Service Agreement and that you understood and agree to the terms and conditions set forth below.
If you do not agree with the terms and conditions of this agreement you must not use the AirWater site for services.
You agree that because of the nature of internet, the on-line service provided is on a “As is” and “As available” basis. We are not liable to you in any way if we are unable to supply a particular item. If you would like to have “out of stock” items replaced or substituted you need to specifically request the new items at the time of checkout. If you are not satisfied with any of the products we sell we need that you return the rejected items to:
Merchandise Return
Live Stores inc.
5858 Edison Place
Carlsbad, CA. 92008
Live Stores Inc. will reimburse you with a full refund within 15 days of receiving your return.
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 Live Stores Inc. electronically in the form of a purchase order. Live 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 Live 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 Live Stores Inc. accepts your offer to buy items through our AirWater website and subsequent web-pages, this Terms of Service Agreement, between you and Live 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 Live Stores Inc.
3. Responsibilities.
If Live Stores Inc. accepts your order, Live 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.
6. Promotions.
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.
Live 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 Live 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).
8. Eligibility.
You must be 18 years of age or older in order to order with Live Stores Inc.
9. Payment Methods.
You can pay by credit card. Visa, Mastercard, American Express or Discover cards are accepted. You can pay when authorized through wire transfer when appropriate.
10. Product Availability and missing/damaged items upon delivery.
Although Live Stores Inc. will do everything in its power to ensure timely and accurate delivery it is possible on accessions that there can be delays or inaccurate items delivered. It is also possible that at the time of shipment some of the products/items purchased were unavailable or there was human error in fulfilling your order from multiple vendor sources or some unforeseen event occurred during shipping that affected the timeliness of delivery or caused product damages to the goods upon delivery.
If an item(s) is missing or damaged at the time of delivery you have 48 hours to contact us and notify Live Stores Inc. either by calling our customer service line (1-800-311-3588) from Monday through Friday between 8:00am and 5:00pm PST (except holidays and weekends), or sending us an email to info@livestores.com . Refunds will not be issued on claims past the 48 hours window. Holidays or weekends will not be accounted for your 48 hours window.
11. Live Stores Inc. Customer Satisfaction Promise
If you are not satisfied with your purchase, Live Stores Inc. will issue a credit to your credit card or will reimburse you in the same manner you paid for your purchase including taxes (when applicable) on returns. Certain items cannot be returned and you need to find out about these items with our Customer Service department (these usually fall in the category of personal use item). Live Stores Inc. may arrange to its sole discretion to retrieve the item you have expressed dissatisfaction with.
In order to qualify for a refund on items you express dissatisfaction with, you must call our toll free number 1-800-311-3588 and ask for a customer service representative. You must call Monday through Friday from 8:00am to 5:00pm PST, except national holidays.
12. Product Information.
Live Stores Inc. will attempt to update the product information as and when the information is provided to us by the manufacturer. Live 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.
13. Disclaimer of Warranty.
Live Stores Inc. provides on line shopping through AirWater on a “As is” and “As available” basis. Live Stores Inc. does not provide any kind of assurances on the availability, usability or nutritional value of products sold. Live Stores Inc. makes no claims, representations or warranties whatsoever, as to the substance, accuracy, or sufficiency thereof of any product offered for sale on its AirWater website. Live Stores Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NOR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD OR THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE.
14. Limitation of Liability.
Live 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 Live Stores Inc. Any liability of Live 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 Live Stores Inc. in your most recent use of the online shopping service immediately or prior to the claimed injury, loss or damage.
15. Confidentiality.
Live Stores Inc. values you as a customer and your right to privacy. Except as it may be otherwise required by law, Live 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) Live 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 Live Stores Inc. business requirements.
16. Applicable Law.
These Terms and Conditions and the order form, collectively constitute the sole and entire agreement between Live Stores Inc. and you regarding the online shopping services. In the event of dispute the parties (you and Live 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.
17. Changes to Terms and Conditions.
These Terms and Conditions may be amended from time to time. In the event that Live 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, Live 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). Live 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.
19. Agreement Governance.
These Terms and Conditions as amended from time to time shall be the sole terms of the agreement between you and Live 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.
20. Taxes.
If you become aware of any unpaid taxes or other amounts with respect to your purchases, you must communicate / report this immediately to Live Stores Inc.
21. Live Stores Right to Refuse Service.
Live Stores Inc. in its sole discretion, reserves the right to refuse service to anyone with or without expressing cause or reason.
Addendum
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 Live 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 Live Stores Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Live Stores Inc. or its software suppliers and protected by United States and international copyright laws
B. Trademarks.
AirWater and other marks indicated on our site are trademarks of Live Stores Inc. or its subsidiaries, in the United States and other countries. Live Stores Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Live Stores Inc. or its subsidiaries. Live Stores Inc. trademarks’ and trade dress may not be used in connection with any product or service that is not Live Stores Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AirWater or Live Stores Inc.. All other trademarks not owned by Live 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 Live Stores Inc. or its subsidiaries.
C. License and Site Access.
Live 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 Live 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 Live 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 Live 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 Live Stores Inc. Any unauthorized use terminates the permission or license granted by Live 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 Live 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. Live 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 Live 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 Live 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 Live stores Inc. or its affiliates for all claims resulting from content you supply.
E. Data Use.
Live 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. Live Stores Inc. may use your personal information to give you personal coupons, offers or other information which may be provided by Live Stores Inc. proprietary data base or from legally purchased third party companies that have the legal right to sell us your information. Live 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.
F. Security. We provide to the best of our technological and administrative ability, protection against unauthorized use or disclosure of the information you share with us. We store information in such manner that we believe your personal data is adequately protected. We restrict access to customer information database and we educate employees who have access to your personal information to the best of our ability, so that your privacy is protected. We give our employees clear guidance regarding the use and disclosure of such information.
