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© 2024 Coastal Clear Water Co.
Coastal Clear Water Co. Terms of Service
Last updated January 26, 2022
GENERAL TERMS.
By using the Coastal Clear Water Co. (“Coastal Clear Water Co.”,
“we”, “us” or “our”) website (CoastalClearH2O.com) or any other websites,
products, services and/or mobile applications owned or operating by Coastal
Clear Water Co. (collectively referred to herein as the “Website”), you are
agreeing to these Terms of Use (“Terms”) and the Coastal Clear Water Co.
Privacy and Security Policy (“Privacy Policy”) which we may update or amend
from time to time as set forth herein.
Any update or amendment to these Terms shall be effective if
notice is provided to you. You agree that posting any such changes on the
Website and/or sending any such changes to you via email constitutes reasonable
and sufficient notice. Any such amendment will be effective as of the date
specified by Coastal Clear Water Co.. Your continued use of the Website
(including any updates or other versions thereof) after we provide notice of
any changes to these Terms constitutes your agreement to those changes. If you
do not agree to these Terms (or any updates to or modified versions thereof),
you should discontinue use of the Website immediately.
All references to “Coastal Clear Water Co.”, “we”, “us” or “our”
shall include any entity or person directly or indirectly owning a controlling
interest in, owned by, or under common ownership control with Coastal Clear
Water Co. (each an “Affiliate”).
You agree that these Terms are the legal equivalent of a written
contract signed by you and constitutes a legally binding agreement
between Coastal Clear Water Co. and you, as a user of the Website, and
that you have read these and understand these Terms and accept and will be
bound by them.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR
USE OF OUR WEBSITE AND OUR SERVICES CAREFULLY
Accepting the Terms
Before using accessing the Website, you must read this Agreement
and indicate your acceptance during the registration process. You may not use
any of the Website and you may not accept this Agreement if you are not legally
authorized to accept and be bound by these terms or are not at least 18 years
of age and, in any event, of a legal age to form a binding contract with Coastal
Clear Water Co..
Scope of Agreement
By accessing and/or using the Website, you agree to these Terms.
These Terms apply to any use of the Website including (1) when you register a
user account; (2) when you sign up for, participate in or otherwise receive any
product or services provided through the Website (collectively the “Services”);
and (3) when you use the Website as a guest.
Privacy and your Personal Information
You can view Coastal Clear Water Co.’ Privacy Policy here
and on the Website. By using the Website, you also agree to be bound by the
Privacy Policy and any changes thereto. You agree that Coastal Clear Water Co.
may use and maintain your data according to the Privacy Policy. You give Coastal
Clear Water Co. permission to combine information you enter or upload in
connection with the Website with that of other users of the Website and/or
other Coastal Clear Water Co. services. For example, this means that Coastal
Clear Water Co. may use your and other users’ non-identifiable, aggregated data
to improve the Website or to design promotions. Coastal Clear Water Co. may
access or store personal information in multiple countries, including countries
outside of your own country, to the extent permitted by applicable law.
Use of Website. Subject to the terms
and conditions of this Agreement, we hereby grant you a limited, revocable,
non-transferable and non-exclusive license to access and use the Website by
displaying it on your internet browser only for the purpose of shopping for
items for personal use that are sold on the Website and not for purposes of
resale or any other commercial use or use on behalf of any third party, except
as explicitly permitted by us in advance. Any breach of this Agreement may
result in the immediate revocation of the license granted in this paragraph
without notice to you. Except as permitted above, you may not reproduce,
distribute, display, sell, lease, transmit, create derivative works from,
translate, modify, reverse-engineer, disassemble, decompile or otherwise
exploit this Website or any portion of it unless expressly permitted by us in
writing. You may not make any commercial use of any of the information provided
on the Website or make any use of the Website for the benefit of another
business unless explicitly permitted by us in advance. We reserve the right to
refuse service, terminate accounts, and/or cancel orders at our discretion,
including, without limitation, if we believe that customer conduct violates
this Agreement, applicable law or is harmful to our interests. You agree not to
upload, distribute, or publish any content or material through this Website
that (a) violates or infringes the copyrights, patents, trademarks, service
marks, trade secrets, or other proprietary rights of any person; (b) is
libelous, threatening, defamatory, obscene, pornographic, or could give rise to
any civil or criminal liability under U.S. or international law; or (c)
includes any bugs, viruses, or other harmful code or properties. Submissions or
opinions expressed on this Website are that of the individual expressing such
submission or opinion and may not reflect our opinions. We may assign you a
password and account identification to enable you to access and use certain
portions of this Website. Each time you use a password or identification, you
will be deemed to be authorized to access and use the Website in a manner
consistent with the terms and conditions of this Agreement, and we have no
obligation to investigate the authorization or source of any such access or use
of the Website. You will be responsible for all access to and use of this
Website by anyone using your password and login name, including all communications
and obligations incurred, whether or not such access was actually approved by
you. You are responsible for protecting the security and confidentiality of the
password and identification assigned to you. Please notify us immediately of
any unauthorized use of your password or identification or any other breach or
threatened breach of this Website’s security.
Your access and use of the Website may be interrupted from time
to time for any of several reasons, including, without limitation, the malfunction
of equipment, periodic updating, maintenance, or repair of the Website or other
actions that Coastal Clear Water Co., in its sole discretion, may elect to
take. Coastal Clear Water Co. shall not be liable to any party or any user for
any loss, cost, or damage that results from any scheduled or unscheduled
downtime, regardless of the cause. At our sole discretion and without prior
notice or liability, we may discontinue, modify or alter any aspect of the
Website, including but not limited to (1) restricting the time the Website is
available; (2) restricting the amount of use permitted; (3) restricting or
terminating any user’s right to use the Website.
We have the right to refuse or cancel orders or memberships if a
product or information is listed on the Website with a typographical error that
incorrectly identifies the true price or service conditions of a product or
service. We have the right to refuse or cancel any such orders whether or not
the order has been confirmed and your Payment Method charged. If your Payment
Method has already been charged for the purchase and your order is canceled, we
will issue a credit to your payment account in the amount of the charge and you
agree that a credit is your sole remedy.
Registration Information, Security, and Electronic
Communications
You must register for an account with us use the Website using
your true identity (your “User Account”). As part of such registration we may
verify your identity. You authorize us to make any inquiries we consider
necessary to validate your identity. These inquiries may include asking you for
further information, requiring you to provide your full address, your social
security number and/or requiring you to take steps to confirm ownership of your
email address or financial instruments and accounts or verifying information
you provide against third party databases or through other sources. If you do
not provide this information or Coastal Clear Water Co. cannot verify your
identity, we can refuse to allow you to use the Website.
You agree that you will not share your login information,
password, or other account information with anyone else. You understand and
agree to take all necessary steps to protect your User Account information as
detailed in this Agreement. We will never ask for your password. You are solely
responsible for all acts and omissions made using your login information and
password. You agree that we carry no liability for losses or problems that may
arise due to your sharing this private information with other people, businesses,
or entities. You must notify us immediately in the event of any known or
suspected unauthorized use of your User Account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure of your
or anyone else’s password or User Account Information (as defined below).
By providing us with your e-mail address, you consent to receive
all required notices and information electronically. Electronic communications
may be posted on the Website and/or delivered to your e-mail address that we
have on file for you. It is your responsibility to promptly update us with your
complete, accurate contact information, or change your information, including
email address, as appropriate. Notices will be provided in HTML (or, if your system
does not support HTML, in plain-text) in the text of the e-mail or through a
link to the appropriate page on our Website, accessible through any standard,
commercially available internet browser. Your consent to receive communications
electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain
it for your records. We reserve the right to terminate or change how we provide
electronic communications and will provide you with appropriate notice in
accordance with applicable law.
If you become aware of any unauthorized use of your Registration
or Account Information for the Website, you agree to notify Coastal Clear Water
Co. immediately via email to [email protected].
User Responsibilities
For purposes of your use of the Website (including registration,
identification and billing) you agree to provide true, accurate and complete
information as required by the sign-up process to our Website, including
without limitation your legal name, address, telephone number, email address
and applicable billing information (collectively “User Account Information”).
You expressly allow us to share you User Account Information with third parties
for the purpose of verifying the information you provide and charging your
account. Your User Account Information is considered Personal Information and
shall be treated as such pursuant to our Privacy Policy.
You will maintain and promptly update your User Account
Information to keep it accurate. If you provide any information that is untrue,
inaccurate, or incomplete, or we have grounds to suspect that information you
provided is untrue, inaccurate, or incomplete (in our sole discretion), we
reserve the right to suspend or terminate your User Account and refuse any and
all current or future use by you of our Website. You also agree not to register
for more than one username, create an account on behalf of someone else, or
create a false or misleading identify on the Website. If you User Account is
revoked for any reason you will not register with our Website using another
username or through any other means, and we reserve the right to terminate any
account of any user who we have reason to believe was previously terminated
without notice, and to exercise any other rights or remedies available to us at
law or in equity.
Mobile Services
Services may be available via mobile devices, including (a) the
ability to upload content to the Website via mobile device; (b) the ability to
browse the Website from a mobile device; or (c) the ability to access certain
features through an application downloaded and installed on a mobile device. To
the extent you utilize a mobile device, your wireless service carrier’s
standard charges, data rates, and other fees may apply. Additionally,
downloading, installing, or using the Website may be prohibited or restricted
by your carrier, and not all carriers or devices may support the Website. By
using a mobile device, you agree that we may communicate with you via SMS, MMS,
text message, or other electronic means to your mobile device and that certain
information about your usage of your mobile device may be communicated to us.
We will comply with any requirements under applicable laws and regulations
before communicating with you in this manner. In the event you change or
deactivate your mobile telephone number, you agree to promptly update your
account information to ensure that your messages are not sent to the person who
acquires your old number.
Third-Party Payment Processing
We accept credit/debit card payments only. You agree to pay all
fees charged to your account based on the charges and billing term in effect as
shown on the payment page on the Website. You are also responsible for paying
any sales and use taxes and shipping and handling fees that may apply to your
purchase and you authorize Coastal Clear Water Co. or the third-party payment
processing service provider that we engage to charge your credit card for any
such taxes and fees. All payments shall be made by credit card, PayPal, Apple
Pay, Venmo, or other valid form of payment accepted by Coastal Clear Water Co.
(“Payment Method”) in advance prior to shipping any products. You can update
your Payment Method information at on the Website by logging in to your
account. We may also update your Payment Method information using information
provided by the card networks or other payment service providers. For example,
if your card number changes as a result of expiration or a lost or stolen card,
we may continue to charge any replacement card number associated with your
payment account. Following any update, you authorize us to continue to charge
the applicable payment account(s). You remain responsible for any uncollected
amounts. If your Payment Method cannot be charged for any reason, Coastal Clear
Water Co. reserves the right to attempt to charge your preferred Payment Method
again, charge any other valid Payment Method associated with your account,
suspend further product shipments until you provide a valid Payment Method,
cancel any affected shipments, or terminate your Membership. All sales and
payments will be in US Dollars.
Alerts
Coastal Clear Water Co. may from time to time provide voluntary
or automatic Alerts and voluntary account-related Alerts (“Alerts”). Automatic
Alerts may be sent to you following certain changes to your account or
information, such as a change in your Registration Information.
Voluntary Alerts may be turned on by default as part of the
Website. They may then be customized, deactivated, or reactivated by you. These
Alerts allow you to choose Alert messages for your accounts. Coastal Clear
Water Co. may add new Alerts from time to time, or cease to provide certain
Alerts at any time, in its sole discretion. Each Alert has different options
available, and you may be asked to select from among these options upon
activation of your Alerts service.
You understand and agree that any Alerts provided to you through
the Website may be delayed or prevented by a variety of factors. Coastal Clear
Water Co. may make commercially reasonable efforts to provide Alerts in a
timely manner with accurate information, but cannot guarantee the delivery,
timeliness, or accuracy of the content of any Alert. Coastal Clear Water Co.
shall not be liable for any delays, failure to deliver, or misdirected delivery
of any Alert; for any errors in the content of an Alert; or for any actions
taken or not taken by you or any third party in reliance on an Alert.
Electronic Alerts will be sent to the email address you have
provided as your primary email address for the Website. If your email address
or your mobile device’s email address changes, you are responsible for
informing us of that change. You can also choose to have Alerts sent to a
mobile device that accepts text messages. Changes to your email address or
mobile number will apply to all of your Alerts.
Because Alerts are not encrypted, we will never include your
private or personal banking information or your password or passcode. However,
Alerts may include your Login ID and some information about your accounts.
Depending upon which Alerts you select, information such as an account balance
or the due date for your credit card payment may be included. Anyone with
access to your email will be able to view the content of these Alerts. At any
time, you may disable featured Alerts.
Coastal Clear Water Co.’ Intellectual Property Rights
The contents of the Website, including its functionality and its
“look and feel” (e.g., text, graphics, images, logos and button icons),
photographs, editorial content, notices, software (including html-based
computer programs), coding and any other materials provided by us to you are
protected under both United States and other applicable copyright, trademark,
and other laws. The contents of the Website belong to or are licensed to Coastal
Clear Water Co. or its software or content suppliers. Coastal Clear Water Co.
grants you the right to view and use the Website subject to these terms. You
may download or print a copy of information related to or generated by the
Website for your personal, internal, and non-commercial use only. Any
distribution, reprint, or electronic reproduction of any content from the
Website in whole or in part for any other purpose is expressly prohibited
without our prior written consent. You agree not to use, nor permit any third
party to use, the Website or the Website or content in a manner that violates
any applicable law, regulation or this Agreement.
Your Intellectual Property Rights
In order to allow us to provide the Website, we must obtain
certain license and other rights to content and information that you provide to
us. This is necessary so that we can process, maintain, store, reproduce,
back-up, distribute, or otherwise handle content which is uploaded or submitted
by you. By using the Website and agreeing to these Terms, except as otherwise
provided elsewhere in this Agreement or on the Website, you agree that we have
the right to use anything that you submit or post to the Website and/or provide
us, including without limitation, ideas, questions, reviews, comments, and
suggestions (collectively, “Submissions”). You hereby grant us the
royalty-free, worldwide, perpetual, irrevocable, sublicenseable and
transferable right to use, copy, distribute, display, publish, perform, sell,
lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, or
create derivative works from such Submissions by any means and in any form. In
addition to the rights applicable to any Submission, when you post comments or
reviews to the Website, you also hereby grant us the right to use the name that
you submit with any review, comment, or other content in connection with such
review, comment, or content. You represent and warrant that you own or
otherwise control all of the rights to the reviews, comments and other content
that you post on this Website and that use of your reviews, comments, or other
content by us will not infringe upon or violate the rights of any third party.
You agree not to use a false email address, pretend to be someone other than
yourself, or mislead us or any third parties regarding the origin of any
Submissions or content. We have the right to remove or edit any Submissions for
any reason.
User Conduct and Content
You are solely responsible for all descriptions, comments,
videos, images, information, data, text, software, music, sound, photographs,
graphics, messages, or other materials (“content”) that you upload, post,
publish, display, or otherwise make available (hereinafter “upload”) to us. The
following are examples of content and/or use that is prohibited by Coastal
Clear Water Co.. This is not an exclusive or exhaustive list, however, and we
reserve the right to investigate anyone by engaging public or private organizations,
including but not limited to collection agents, private investigators, and
local, state, federal, or other applicable agencies, and to take any action
against anyone who, in our sole discretion, violates any of the terms or the
spirit of this Agreement. These actions include but are not limited to
suspending or terminating the account of violators and reporting you to law
enforcement authorities or otherwise taking any other appropriate legal action.
Without limiting the foregoing, you agree to NOT use the Website to:
Third-Party Content
Under no circumstances will Coastal Clear Water Co. be liable in
any way for any content or materials of any third parties (including users,)
including, but not limited to, for any errors or omissions in any content, or
for any loss or damage of any kind incurred as a result of the use of any such
content. You acknowledge that we do not pre-screen content, but that we and our
designees will have the right, but not the obligation, in our sole discretion
to refuse or remove any content for any reason that is uploaded to the Website.
Disclaimer of Representations and Warranties
THE WEBSITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL
CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED
THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN
“AS-IS” AND “AS AVAILABLE” BASIS. COASTAL CLEAR WATER CO., ITS SUBSIDIARIES,
ASSOCIATES, AND AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS,
DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
CONTENT OR OPERATION OF THE WEBSITE OR OF THE SERVICES. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER COASTAL CLEAR WATER CO. NOR ITS SUPPLIERS MAKE ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE
ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR OF THE
SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NEITHER COASTAL
CLEAR WATER CO. OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE
THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF
INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT
CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL
INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS OF
THIS PROVISION OR FOUND ELSEWHERE IN THIS AGREEMENT MAY NOT APPLY TO YOU. IF
YOU ARE
Limitations on Coastal Clear Water Co.’ Liability
TO THE FULLEST EXTENT OF THE LAW, YOU AGREE THAT COASTAL CLEAR
WATER CO., ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY
INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. THE CUMULATIVE LIABILITY OF COASTAL
CLEAR WATER CO. TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS
AGREEMENT, OR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE
OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE
GREATER OF (A) THE TOTAL AMOUNT PAID TO COASTAL CLEAR WATER CO. BY YOU DURING
THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO
SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH
SUCH CLAIM ARISES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT
REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE
PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY, SO NOT ALL OF THE ABOVE
LIMITATIONS MAY APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY
SHALL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE
BY USERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY NEW JERSEY
RESIDENTS FOR ANY DAMAGES CAUSED BY COASTAL CLEAR WATER CO. FRAUD, DECEPTION,
FALSE PROMISE, MISREPRESENTATION, OMISSION OF ANY MATERIAL FACT OR INTENTIONAL
OR RECKLESS MISCONDUCT.
Your Indemnification of Coastal Clear Water Co.
You agree to defend, indemnify and hold harmless Coastal Clear
Water Co. and its officers, directors, members, owners, affiliates and
employees, from and against all claims, suits, proceedings, losses,
liabilities, and expenses, whether in tort, contract, or otherwise, that arise
out of or in any way relate to your use of the Website or any breach of this
Agreement, including but not limited to reasonable costs and attorney’s fees.
External Links
This Website may contain links to other sites on the Internet
that are owned and operated by third parties. You acknowledge that we are not
responsible for the operation of or content located on or through any such
site.
Governing Law; Venue; Alternative Dispute Resolution Agreement
(“ADR Agreement”)
The terms of this paragraph shall constitute the ADR Agreement.
All matters relating to your access or use of the Website, specifically
including all disputes, will be governed by the laws of the United States and
the State of Florida, without regard to its conflict of law provisions. You
agree to the personal jurisdiction by and venue in the state and federal courts
in Lee County, Florida, and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Service must be brought within one (1) year
after the cause of action arises, or such claim or cause of action is barred.
Claims made under the separate terms and conditions of the purchase for goods
and services are not subject to this limitation. No recovery may be sought or
received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys’ fees. In the event of
any controversy or dispute between Coastal Clear Water Co. and you arising out
of or in connection with your use of the Website, the parties shall attempt,
promptly and in good faith, to resolve such dispute. If we are unable to
resolve any such dispute within a reasonable time (not to exceed one hundred
eighty (180) days), then either party may submit such controversy or dispute to
mediation venued in Lee County, Florida. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue any right or remedy
available to them under Florida law. To the extent the parties are permitted
under this ADR Agreement to initiate litigation in a court, both you and Coastal
Clear Water Co. agree that all claims and disputes arising out of or relating
to the Agreement will be litigated exclusively in either a small claims court
of competent jurisdiction or the state or federal courts located in Lee County,
Florida.
Waiver of Jury Trial. YOU AND COASTAL
CLEAR WATER CO. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A
TRIAL IN FRONT OF A JUDGE OR A JURY. You and Coastal Clear Water Co. are
electing that all claims and disputes shall be first referred to mediation in
Lee County pursuant to this ADR Agreement, except as specified herein.
Waiver of Class or Consolidated Actions. YOU
AND COASTAL CLEAR WATER CO. AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN
THE SCOPE OF THIS ADR AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE
BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ADR AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS.
ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR
USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR
USER. In the event that this subparagraph is deemed invalid or unenforceable
neither you nor we are entitled to arbitration and instead claims and disputes
shall be resolved in a court as set forth herein.
30-Day Right to Opt Out. You have the right
to opt out of the provisions of this ADR Agreement by sending written notice of
your decision to opt out to the following address: Coastal Clear Water Co.,
Attn: Legal Department, 10060 Amberwood Road, Suite 8, Fort Myers, FL
33913, within 30 days after first becoming subject to this ADR Agreement.
Your notice must include your name and address, your Coastal Clear Water Co.
username (if any), the email address you used to set up your Coastal
Clear Water Co. account (if you have one), and an unequivocal statement
that you want to opt out of this ADR Agreement. If you opt out of this ADR
Agreement, all other parts of this Agreement will continue to apply to you.
Opting out of this ADR Agreement has no effect on any other ADR Agreements that
you may currently have, or may enter in the future, with us.
Severability. If any part or parts of this ADR
Agreement are found under the law to be invalid or unenforceable, then such
specific part or parts shall be of no force and effect and shall be severed and
the remainder of the ADR Agreement shall continue in full force and effect.
Survival of Agreement. This ADR Agreement
will survive the termination of your relationship with Coastal Clear Water Co..
Modification. Notwithstanding any provision in this
Agreement to the contrary, we agree that if Coastal Clear Water Co. makes any
future material change to this ADR Agreement, it will not apply to any
individual claim(s) that you had already provided notice of to Coastal Clear
Water Co..
User Disputes
You understand and acknowledge that you are solely responsible
for your interactions with any other user in connection with the services Coastal
Clear Water Co. will have no liability or responsibility with respect thereto.
We reserve the right, but have no obligation, to become involved in any way
with disputes between you and any other user of the Website.
General
These Terms of Service and the other agreements referenced
herein constitute the entire agreement between you and Coastal Clear Water Co.
and govern your use of the Website, superseding any prior agreements between
you and us with respect to the Website. You may also be subject to additional
terms and conditions that may apply when you use affiliate or third-party
services, third-party content, or third-party software. Our failure to exercise
or enforce any right or provision of these Terms of Service will not constitute
a waiver of such right or provision. If any provision of these Terms of Service
is found by a court of competent jurisdiction to be, or are otherwise, invalid
or unenforceable, the parties agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other
provisions of this Agreement shall remain in full force and effect. Notices to
you may be made via email or regular mail, and these Terms of Service may be
amended or updated by us at any time, for any reason, with or without notice to
you.
© 2024 Coastal Clear Water Co.