Effective date: January 25, 2019
PASSWORD AND SITE ACCESS
You are solely responsible for the security of online access to this Site, including access to any user account (“Account”), and you must take precautions to protect the confidentiality of your password and other login information. You should not share your password or login information with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.
You should contact Hydra-Ponics immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your Account at the end of each session. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or login information, and for any charges or fees incurred by the use of that password and/or login information, including any use you may subsequently contend was not authorized by you. Hydra-Ponics may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.
THIRD PARTY SERVICE PROVIDERS
SITE MATERIALS, SERVICES AND SOFTWARE
Through this Site, Hydra-Ponics may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").
The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Hydra-Ponics, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sub-license, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; or (j) use any meta tags or any other "hidden text" utilizing Hydra-Ponics's name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Hydra-Ponics by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Hydra-Ponics.
Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hydra-Ponics. All other trademarks not owned by Hydra-Ponics that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hydra-Ponics.
Hydra-Ponics and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
PRODUCT INFORMATION AND PRICING
Unless otherwise specified, all prices are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If Hydra-Ponics discovers an error in either pricing or availability it will seek to correct it. Hydra-Ponics reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Payment and Delivery: By ordering an item on the Site, you are agreeing to purchase the products selected. Your payment for the products ordered is due at the time you submit your order. When you submit your order, Hydra-Ponics will immediately charge your credit card for the products. Any delivery dates for products are estimates only and are not guaranteed or binding on Hydra-Ponics.
Changes and Cancellations: If you need to change or cancel an order you have placed on the Site you must contact us at 616-277-5138. Once an order is processed, it may not be changed or cancelled.
Returns: Unused products may be returned to us at your expense within thirty (30) days of purchase, and we will refund you in the original form and amount of payment for the returned products. Original shipping and handling fees are not refundable.
Limited Warranty. The warranty terms and conditions for all online products sold by Hydra-Ponics are available here. No representation or warranty, expressed or implied, made by any agent or representative of Hydra-Ponics, which is not specifically set forth in the warranty terms and conditions shall be binding on Hydra-Ponics.
In the event that you provide Hydra-Ponics with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”), Hydra-Ponics, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Site, without obligation to you. Hydra-Ponics will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Hydra-Ponics resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site. You shall not knowingly include any third-party intellectual property or content in Feedback.
The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
THIRD PARTY INFORMATION
Please be aware that when you are on the Site, you could be directed to other sites that are beyond Hydra-Ponics's control. Hydra-Ponics is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Hydra-Ponics reserves the right to terminate any link or linking program at any time. Hydra-Ponics provides such links only as a convenience to you. Hydra-Ponics has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.
Hydra-Ponics may provide you information from third parties as part of this Site. Unless expressly stated, Hydra-Ponics does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that Hydra-Ponics is not responsible for third party information accessible through this Site, including opinions, advice, statements, recipes or other health and wellness information and advertisements, and that you use such information at your own risk.
Hydra-Ponics operates this Site from its office within the United States. Hydra-Ponics makes no representation that content and materials on this Site and the products sold on this site are legal or appropriate for use outside the United States. Please keep in mind that this Site and the products sold herein may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site or products in violation of United States export laws and regulations.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE, INCLUDING ALL PRODUCTS, MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY HYDRA-PONICS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE HYDRA-PONICS, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND HYDRA-PONICS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. HYDRA-PONICS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ALTHOUGH HYDRA-PONICS MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. HYDRA-PONICS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL HYDRA-PONICS, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
HYDRA-PONICS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF HYDRA-PONICS'S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
APPLICABLE LAW, SEVERABILITY AND WAIVER
- Our policies are entire and exclusive. No verbal statements or representations are binding on Hydra-Ponics.
- You may not change – such as by amendment or modification – any of our policies at all without our prior written consent.
- All references to "us," "we," "our," and this "Site" relate to Flow-Rite Controls, Ltd., its affiliates, parents, subsidiaries, directors, successors, officers, assigns, employees, contractors and agents.