THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Restrictions on Use. All pages within this Website and any material made available for download (collectively the “Site”) are the property of New Heights Aqua LLC, an Oregon Limited Liability Company. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of New Heights Aqua (NHAQUA) LLC. The Site is for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by New Heights Aqua (NHAQUA) LLC.
2. Trademark Notice. New Heights Aqua (NHAQUA) LLC is the registered wordmark and the logo, trademark, and service mark of New Heights Aqua (NHAQUA) LLC. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
3. Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
NEW HEIGHTS AQUA (NHAQUA) LLC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although New Heights Aqua (NHAQUA) LLC attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site, including product descriptions and pricing. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform New Heights Aqua (NHAQUA) LLC so that it can be corrected. Information contained on the Site may be changed or updated without notice.
4. Confidential and Proprietary Information. Except as set forth in the Terms and Conditions of Sale with regard to the purchase or products through the Site, New Heights Aqua (NHAQUA) LLC does not want to receive confidential or proprietary information from you through the Site. Please note that, except as set forth in the Terms and Conditions of Sale, any information or material sent to New Heights Aqua (NHAQUA) LLC through the Site will be deemed NOT to be confidential. By sending New Heights Aqua (NHAQUA) LLC any such information or material (including photos), you grant New Heights Aqua (NHAQUA) LLC an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or that information, and you also agree that New Heights Aqua (NHAQUA) is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
5. Links or Pointers to Other Websites. New Heights Aqua (NHAQUA) makes no representations whatsoever about any other website that you may access though this Site. When you access a non-NHAQUA Website, please understand that it is independent from NHAQUA, and that NHAQUA has no control over the content on that Website. In addition, a hyperlink to a non-NHAQUA website does not mean that New Heights Aqua (NHAQUA) endorses or accepts any responsibility for the content, or the use, of the linked Website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
6. Choice of Law and Venue. These Terms and Conditions are entered into in the State of Oregon and shall be governed by and construed in accordance with the laws of the State of Oregon, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Clackamas County, in the State of Oregon, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
8. No Unlawful or Prohibited Purpose. As a condition of your use of this site, you warrant to New Heights Aqua (NHAQUA) LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.