Terms of Use & Privacy Polices of Aquegel, LLC

Effective February 4th, 2013

The Aquegel website located at www.aquegel.com as well as all services related to such website (collectively, this “Site”) are provided by Aquegel, LLC (“Aquegel,” “we,” “us” or “our”). The following terms of use (“Terms”) apply to your use of this Site. By accessing, browsing or otherwise using this Site, you acknowledge that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to all these Terms, you may not access, browse or otherwise use this Site.

We may revise these Terms at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the current Terms to which you are bound. When these Terms are revised, we will also revise the "effective as of" date set forth at the beginning of these Terms.

If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of this Site.

Please read our Privacy Policy , which is incorporated herein by reference. By using this Site, you agree to be legally bound by such Privacy Policy, which discusses and governs our collection and use of any information you submit to us through this Site.

USE RESTRICTIONS

Copyright. This Site and all materials on this Site, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, software and other files and the selection and arrangement thereof (the “Materials”) are owned by and, to the extent copyright laws apply to such Materials, are the copyrighted materials of Aquegel or third parties. Permission is granted to display, copy, distribute, and download the Materials on this Site for personal, noncommercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use without our prior written approval. You may not “frame” or “mirror” any Material contained on this Site on any other website or server without our prior written permission. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and other laws and regulations.

Trademarks (Trade Dress). The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Aquegel or third parties. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Aquegel or third parties, and none of the foregoing may not be copied, imitated or used, in whole or in part, without the prior written permission of Aquegel or the Trademark owner. Nothing in this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on the Site, without the express written permission of Aquegel or the Trademark owner. Unauthorized use of the Trademarks displayed on this Site is strictly prohibited.

User Submissions. Certain areas of the Site enable you to submit e-mails or otherwise provide feedback or information to us. You agree that by submitting content:

you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another’s computer;
you understand and agree that such content will be deemed non-confidential; and
you grant to Aquegel the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with our Privacy Policy and waive any moral rights you may have in such content. Subject to our Privacy Policy, we shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

MONITORING

We reserve the right, but not the obligation, to monitor the content of this Site to determine compliance with these Terms and any other operating rules established by us. We shall have the right, in our sole discretion, to disclose any materials submitted to us and the circumstances surrounding their transmission, along with any other information regarding use of the Site, to any third party in order to operate the Site properly, to protect ourselves, our sponsors, and users of this Site, and to comply with legal obligations or governmental requests. Notwithstanding these rights and obligations, you are solely responsible for your use of the Site and any information that you transmit through this Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct or communications on this Site.

INFRINGEMENT CLAIMS

If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us, or our third party service providers, to locate the material;
Information reasonably sufficient to permit us, or our third party service providers, to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Aquegel, LLC.

7131 Irving Street, Suite 202

Westminster, CO 80030

Phone Number: 1-866-223-4838

Fax Number: 1-866-895-6751

Email address: info@aquegel.com

Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to.

For communications on other matters, please send an email to: info@aquegel.com.

PRODUCT DESCRIPTIONS

While we attempt to provide accurate information on this Site, we do not warrant that product descriptions or other Materials on this Site are accurate, complete, reliable, current or error-free.

SECURITY

This Site may require you to register or obtain a password prior to permitting access to certain portions of the Site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to us is submitted at your own risk.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING WITHOUT LIMITATION ALL MATERIALS ON AND PRODUCTS PROVIDED VIA THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AQUEGEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. AQUEGEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON OR PRODUCTS PROVIDED VIA, THIS SITE OR ANY OTHER WEBSITES LINKED TO THIS SITE. USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE, AND RECEIPT OF PRODUCTS VIA THIS SITE, IS AT YOUR SOLE RISK. AQUEGEL DOES NOT WARRANT THAT THIS SITE, THE MATERIALS, OR THE PRODUCTS OFFERED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, THE MATERIALS, OR SUCH PRODUCTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL AQUEGEL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SITE OR ANY PRODUCT OFFERED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Aquegel, our directors, officers, employees, consultants, agents, and other representatives from and against any and all claims, damages, losses, costs (including attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property, proprietary or other rights of any third party; and (c) your activities in connection with the Site.

VIOLATIONS

We reserve the right to seek all remedies available by law and in equity for violations of these Terms, including the right to block access from a particular Internet address to this Site.

GENERAL PROVISIONS

Unless otherwise specified, the Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts of located in Colorado for any litigation or dispute arising out of or relating to these Terms and agree that such courts represent the exclusive jurisdiction for all disputes relating to these Terms.

WHOLESALE ACCOUNT PROVISIONS

Aquegel provides reduced bulk pricing, or "wholesale pricing" for approved Wholesale Accounts. To be eligible for a Wholesale Account a business must meet the following criteria:

Physical Location that is open to the public
Operate under the capacity of the following service industries: Pharmacy, Wholesale/Prescription Distributor, DME/Oxygen Provider, Gift Ship, Chiropractor, Nurse Practitioner. NOTE: if your business does not fall under these capacities, your wholesale application may still be considered under special circumstances.
Valid and registered Business Tax ID

We reserve the right to approve or deny any Wholesale Account Applications at our discretion. We reserve the right to discontinue, or close, any Wholesale Accounts and refuse the purchase of Aquegel under wholesale pricing at our discretion.

Wholesale Accounts are not permitted to resell Aquegel through any online platforms (such as Amazon.com, Ebay.com, Walmart.com, Shopify, etc.).

Wholesale Accounts are permitted to resell Aquegel through online domains owned by the Wholesale Account (such as independent online stores) with the express written consent of Aquegel, LLC. Aquegel, LLC will not grant written consent for online resell unless the Wholesale Account adheres to a MAP (Manufacturer Advertised Price) of $14.50 per unit (0.5 oz jar) (no expectations, sales, discounts, or coupons).

In the event a Wholesale Account violates these terms, we reserve the right to take legal action including suit for punitive damages totaling $6.00 for each unit of Aquegel purchased at wholesale pricing.

CONTACT INFORMATION

If you have any questions or comments regarding these Terms, please send us an e-mail at info@aquegel.com.

Privacy Policy

Effective as of Feb 4, 2013

Aquegel, LLC (“Aquegel”) is committed to respecting your privacy. Please read the following privacy policy (this “Policy”) to understand how your personal information will be treated. This Policy may change from time to time, so please check back periodically.

This Policy will let you know the following:

What personally identifiable information is collected from me?
How is my IP address used by Aquegel?
How is my information used?
Who is collecting my information?
With whom will my information be shared?
How can I access, update or delete my information?
What does “opt-out” mean?
What else should I know about my privacy?
Other legal notices.

1. What personally identifiable information is collected from me?

On some portions of the Aquegel website located at www.aquegel.com (the “Site”), you can purchase products, make requests and/or receive materials. The types of personal information collected at these pages are your name, email address, age, gender, credit card information, and standard contact information, including without limitation addresses and phone numbers. We may also ask you to voluntarily provide us with information regarding your personal or professional interests, gender, age, demographics, experience with products we provide, and contact preferences.

We do not knowingly collect or solicit personal information from children under 13.

2. How is my IP address used by Aquegel?

Aquegel may collect IP addresses (the Internet address of a computer) to track a user’s session while the user remains anonymous. We analyze this data for certain trends in statistics, such as which parts of our Site users are visiting and how long they spend there. In general, we do not link your IP addresses to anything personally identifiable to you.

3. How is my information used?

The information you provide will be used to support your customer relationship with Aquegel. Your information may be shared with agents, contractors or business partners of Aquegel.

We want to help you quickly find information on Aquegel and alert you to specific offers, updated information, and Aquegel products. Accordingly, we may send you direct mailings or contact you by telephone about our various products we feel may be of interest to you. If you do not want to receive such mailings, simply “opt-out” by the means provided for in the mailings or by contacting info@aquegel.com.

4. Who is collecting my information?

When you are on the Site and are asked for personal information, you are sharing that information with Aquegel, and your information may be shared with Aquegel’s agents, contractors and business partners. If you do not want your information to be shared, you can choose not to allow the transfer by not purchasing a product or otherwise providing your information to Aquegel.

Please be aware that Aquegel advertisers or websites that have links on our site may collect personally identifiable information about you. The information practices of those websites linked to Aquegel either through advertisements or other hyperlinks are not covered by this Policy.

5. With whom does Aquegel share my information?

We may share the personal information you provide with Aquegel agents, contractors or our business partners for the purposes of performing services for Aquegel. Aquegel also may share aggregated information with others. Aggregated information does not include personally identifiable information. We may also share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law. Except as provided above, we will not share any of your information with any third party without your permission.

6. How do I access, update or delete my information?

You can request the individual information that Aquegel has collected about you, correct factual inaccuracies in your information, remove personal information from Aquegel’s databases and/or update your personal information by emailing Aquegel at info@aquegel.com.

7. What does “opt-out” mean?

To “opt-out” means that you have notified Aquegel that we no longer have permission to use your information for mailings. For example, when we send you information on a new product, you will be given the opportunity to “opt-out” of receiving such information in the future.

8. What else should I know about my privacy?

While we strive to protect your information, Aquegel cannot ensure or warrant the security of any information through the transmission process and you transmit any information to us at your own risk.

9. Other Legal Notices.

Any dispute over privacy is subject to this policy. If you have any concern about your privacy in connection with this Policy, please send a thorough description to info@aquegel.com, and we will try to resolve it. We may post a revised Policy on our Site from time to time. Please note that the use of information that we gather is subject to the Policy in effect at the time of use. You should check our Site frequently to see recent changes.

Term of Use

Effective as of Feb 4, 2013

These Terms of Sale (these “Terms”) contain the terms and conditions that apply to your purchase of products (together, “Products”) from Aquegel, LLC (“Aquegel”). Please read these Terms carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

By purchasing any Product from Aquegel, you acknowledge that you have read, accepted and agreed to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations.

These Terms are subject to modification without prior written notice at any time, in Aquegel’s sole discretion. The version of these Terms applicable to your purchase will be the version in effect on the day you submit the applicable order to Aquegel.

By using the Aquegel website (the “Site”), you are also subject to Aquegel’s Terms of Use .

Section 1

Price and Payment Terms

Your total price for the Products will be stated on your purchase receipt and you shall also receive a confirmation of your order by way of e-mail to the address you indicate during the registration process. Terms of payment are within Aquegel’s sole discretion, and, unless otherwise agreed to by Aquegel, payment must be received by Aquegel prior to Aquegel’s acceptance of an order for Products. Payment for the Products must be made by credit card (issued by Visa, MasterCard or American Express) or debit card (issued by Visa or MasterCard). Orders are not binding upon Aquegel until accepted by Aquegel. Any price offers or advertisements given by Aquegel will be valid for the period stated on the offer or advertisement, with the exception that Aquegel reserves the right to reject any sale for any reason, including for a misprint in the price offer or advertisement. Prices offered or advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.

Section 2

Shipping and Title

Aquegel will arrange shipping of the Products to your address using a carrier of Aquegel’s choice, in Aquegel’s sole and absolute discretion. Title and risk of loss to apparel and other tangible Products passes to you upon delivery to the carrier. We do not provide insurance on such Products during delivery. The costs of shipping and handling will be shown on your purchase receipt. Aquegel will inform you of estimated shipment dates but will not be responsible for delays in delivery, including without limitation if due to events beyond its reasonable control, including without limitation shortage of materials, transportation failure, or acts of God.

Section 3

Inspection of Products Upon Receipt

You must examine any Products when you receive them. If any item is damaged or missing, you must notify Aquegel immediately. Aquegel will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.

Section 4

Products

Aquegel’s policy is one of an ongoing Product update and revision. Aquegel may revise and discontinue Products at any time. Aquegel will deliver Products that have similar characteristics of the Products you ordered, but changes between what is delivered and what is described online are possible.

Section 5

Logon and Password

To register on the Site, you will create a unique logon and password. Your logon and password will allow you to participate in the purchase of Products. You are solely responsible for your logon and password and the transaction(s) performed via the use of your logon and password. You may request revocation of your logon and password by sending us notification by email to info@aquegel.com. You are solely responsible for your logons and passwords.

Section 6

Product Suitability

Many states and localities have laws, codes and regulations governing sales, receipt and/or use of Products for certain purposes. While Aquegel attempts to assure that its Products comply with such laws, codes and regulations, it cannot guarantee compliance and cannot be responsible for how the Product is received or used. Before purchase, receipt and/or use of Product, please review the national and local laws, codes and regulations to be sure that the Product, and receipt and use thereof, will comply with such laws, codes and regulations.

Section 7

Disclaimers

AQUEGEL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY AQUEGEL, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY.

Section 8

Limitation of Liability

AQUEGEL WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS. YOU AGREE THAT AQUEGEL IS NOT LIABLE FOR ANY LIABILITY RELATED TO THE PURCHASE OR USE OF PRODUCTS ABOVE THE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE PRODUCT GIVING RISE TO THE LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Section 9

Entire Agreement/Revisions

These Terms set forth the entire agreement of the parties with respect to the subject matter hereof. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Product(s) that are subject to additional or altered terms and conditions will be null and void.

Section 10

Waiver, Choice of Law and Venue

The failure of Aquegel to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by you. All transactions shall be governed by the laws of the State of Colorado, excluding conflict of law rules. The exclusive venue for any claim or dispute between the parties shall be in the state or federal courts located in Colorado, and you hereby irrevocable submit to the jurisdiction of such courts. For any dispute arising under these Terms, you hereby waive your right to a trial by jury; you hereby waive your right to sue only except on an individual basis; and you waive your right to bring any putative or certified class action.

Section 11

Severability

If any provision of these Terms shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.

Terms of Use & Privacy Polices of Aquegel, LLC

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USE RESTRICTIONS

MONITORING

​

INFRINGEMENT CLAIMS

PRODUCT DESCRIPTIONS

SECURITY

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

INDEMNIFICATION

VIOLATIONS

GENERAL PROVISIONS

WHOLESALE ACCOUNT PROVISIONS

Privacy Policy

Effective as of Feb 4, 2013

Term of Use

Effective as of Feb 4, 2013