LAST UPDATED ON Feb 1st, 2020
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND AQUA CHEMPACS. (“WE”, “Aqua ChemPacs”, THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.AQUA CHEMPACS.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, GIFT CARDS, CREDITS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF THE MEMBERSHIPS AND PRODUCTS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, AQUA CHEMPACS.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Aqua ChemPacs if your child breaches or disaffirms any term or condition of this Agreement.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1 - CHANGES TO SERVICES; PERSONAL INFORMATION/PRIVACY
1.1 - Changes to the Services
Aqua ChemPacs may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 - Personal Information
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships (both as defined below in Section 3.1). Aqua ChemPacs reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Aqua ChemPacs uses a third party payment processing service to process orders and bill fees to your credit, debit, or other Company accepted payment method (“Payment Method”).
1.3 - Privacy
By using any Services and/or purchasing a Membership you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at https://www.Aqua ChemPacs.com/privacy-policy). Irrespective of which country you reside in or supply information from, you authorize Aqua ChemPacs to use your information in the United States and any other country where Aqua ChemPacs operates as described herein. Accordingly, please be sure to read our Privacy Policy before using the Services or submitting information to us. If you have any questions regarding our privacy practices, please email us at: info@Aqua ChemPacs.com
2 - PASSWORDS; USER LICENSE; CHAT SESSIONS
2.1 - Passwords
You may log in to the Site and Applications by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy, at https://www.Aqua ChemPacs.com/privacy-policy). Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to our Site and Applications using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Aqua ChemPacs if there is any unauthorized use of your password or if you know of any other breach of security in relation to the Services.
2.2 - User License
Subject to your compliance with this Agreement, Aqua ChemPacs hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Aqua ChemPacs or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (d) track or seek to trace any information on any other person who visits the Site or Applications, or uses our Services; (e) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content.
2.3 - Chat Sessions
Aqua ChemPacs offers to its Members the ability to enter into an instant messaging session (“Chat Sessions”) with a Aqua ChemPacs Member Services Agent (“MSA”). In order to maintain a high standard of service and provide a safe environment for its MSAs, Aqua ChemPacs reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Chat Sessions, please do not use the Chat Session service.
Due to account security restrictions MSAs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or email Member Services at info@AquaChemPacs.com to complete such transactions. MSAs may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. MSAs are NOT supposed to ask you for your password or Payment Method information to confirm your account. If a MSA asks for your password or payment information, please immediately discontinue the Chat session and email Aqua ChemPacs at: info@AquaChemPacs.com
3 - TERMS OF SALE
3.1 - Pricing
Aqua ChemPacs reserves the right to change prices for Products and Memberships at any time and does not provide price protection or refunds in the event of promotions or price decreases.