Last Updated: June 15, 2023
These Terms of Service ("Terms") govern your access to and use of AquaSprigence's website, products, and services ("Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services. These Terms apply to all visitors, users, and others who access or use the Services.
We may modify these Terms at any time without prior notice. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for changes.
AquaSprigence provides intelligent irrigation solutions including but not limited to:
Our Services may change over time, and we may add or discontinue features at our sole discretion without notice. We reserve the right to refuse service to anyone for any reason at any time.
If you create an account with AquaSprigence, you are responsible for maintaining the security of your account and password. You agree to accept responsibility for all activities that occur under your account.
You agree not to engage in any of the following prohibited activities:
All content included on our website and as part of our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AquaSprigence or its content suppliers and protected by international copyright laws.
The compilation of all content on our website is the exclusive property of AquaSprigence and protected by international copyright laws. All software used on our website is the property of AquaSprigence or its software suppliers and protected by international copyright laws.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit any of the content, software, materials, or Services in whole or in part without our express written permission.
AquaSprigence currently provides Services in select geographic areas. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction at our sole discretion.
Your access to and use of our Services may be interrupted from time to time for several reasons, including maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to suspend or discontinue the availability of our Services at any time and for any reason.
All purchases through our Services are subject to product availability. We reserve the right to discontinue any products at any time for any reason. Prices for our products and services are subject to change without notice.
You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You are responsible for any taxes applicable to your purchases.
Installation services require an on-site assessment prior to providing a final quote. Quotes are valid for 30 days from the date of issue. Installation timelines are estimates only and subject to change based on weather conditions, product availability, and other factors beyond our control.
AquaSprigence warrants that all services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty extends for a period of one year from the date of service completion.
Products sold by AquaSprigence are covered by the manufacturer's warranty only. We make no additional warranties, express or implied, with respect to products sold.
To the maximum extent permitted by applicable law, AquaSprigence disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
AquaSprigence does not warrant that:
In no event shall AquaSprigence, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
In no event shall AquaSprigence's aggregate liability exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid AquaSprigence in the last twelve months for the applicable Services.
You agree to defend, indemnify, and hold harmless AquaSprigence and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using our Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms ("Dispute"), you and AquaSprigence agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.
These Terms constitute the entire agreement between you and AquaSprigence regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AquaSprigence's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
AquaSprigence shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If you have any questions about these Terms, please contact us at:
AquaSprigence
123 Greenway Blvd
EcoCity, EC 98765
Phone: (555) 123-4567
Email: legal@aquasprigence.com