Terms of Use - Read Carefully.
This Terms of Use Agreement applies to use of the MyCustomH2o website located at www.MyCustomH2o.com. The site is the property of Cardinal Associates, inc. (together with its affiliated companies, included without limitation, MyCustomH2o.com). Use of or accessing the MyCustomH2o.com web site constitutes your acceptance of the Terms of Use. If you do not agree, do not use this site.
MyCustomH2o reserves the right at its sole discretion, to change, add or remove portions of the Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the site. Your continued use of the site following the posting of changes mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these terms of use, which shall apply until a modified terms of use is posted at which time they will be used in accordance with said modified terms of use. As long as you comply with this terms of use and any such modifications, MyCustomH2o grants you (“Consumer”) a personal, non-exclusive, non-transferable, non sub-licensable, limited privilege to enter and use the site.
Artwork; Copyright and Trademark Notice. All artwork (downloaded or samples), software, text, images, graphics, user interfaces, photographs, trademarks, logos, and other content on the site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the site is owned or licensed by or to MyCustomH2o and its affiliates. Except as expressly provided in this terms of use, no part of the site and content may be reproduced, retransmitted, sold, rented, distributed, published, uploaded, posted, publicly displayed, altered to make new works, digitized, compiled, translated, or in any way to any to any other computer, website or other medium for any commercial purpose, without MyCustomH2o’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the content, and MyCustomH2o reserves all rights not expressly granted hereunder. MyCustomH2o expressly disclaims all responsibility and liability for uses by you of any content obtained on or in connection with the site.
All custom graphics, icons, logos and service names are registered trademarks, owned, or service marks of MyCustomH2o. All other trademarks or service marks are property of their respective owners. The use of any MyCustomH2o artwork, logos, trademarks or service marks without MyCustomH2o’s express written consent is strictly prohibited.
Registration; Franchise Accounts; Use of Site. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify MyCustomH2o immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MyCustomH2o or any other user of the site due to someone else using your password or account. You may not use anyone else’s password, or account at any time. You may not attempt to gain unauthorized access to the site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your account will be terminated. You agree to provide MyCustomH2o with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the appropriate link. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or any of the systems or networks comprising or connected to the site. You also agree that MyCustomH2o may, in its sole discretion and without prior notice to you, terminate your access to the site and your account for any reason, including without limitation: 1) attempts to gain unauthorized access to the site or assistance to other’s attempting to do so, 2) overcoming software security features limiting use of or protecting any content, 3) discontinuance or material modification of the site or any service offered on or through the site, 4)violations of this terms of use, 5) failure to pay for purchases, 6) suspected or actual copyright infringement, 7) unexpected operational difficulties, or 8) requests by law enforcement or other government agencies. You agree that MyCustomH2o will not be liable to you or to any third party for termination of your access to the site.
Consent to Collection. As a condition of registering on our site or making any purchases of any products and/or services or conduct any transactions, you represent that you consent to the collection, use and disclosure of your personally identifiable information.
While MyCustomH2o takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall MyCustomH2o or its affiliates be liable for any damages (whether consequential, direct incidental, indirect, punitive, special, or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether MyCustomH2o was given actual or constructive notice that damages were possible.
Consent to our communication with you via email. By establishing an account with us, and each time you make a purchase through our site, you grant permission for MyCustomH2o to contact you at your email address. To stop receiving our marketing emails, follow the opt out procedures set forth in such marketing emails, or view the use personal information section of the terms of use.
Conditions of Sale and Payment Terms. To purchase any goods and/or services of our site, you be at least thirteen years of age and be a resident in the 50 states of the United States of America. Prior to the purchase of any goods or services on our site, you must provide us with a valid credit card number and associated payment information including all of the following: your name as it appears on the card, your credit card number, the credit card type, the date of expiration and, any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience by within thirty days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. MyCustomH2o reserves the right at any time after receipt of your order to accept or decline your order for any reason. MyCustomH2o further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by MyCustomH2o upon our delivery of products or services that you have ordered. All orders of $1,000 USD must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order.
No responsibility to sell mis-priced products or services. MyCustomH2o shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. MyCustomH2o shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
MyCustomH2o reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by email delivery to you.
All requests for technical service and support should be made to info@MyCustomH2o.com.
Indemnification. You agree to indemnify and hold harmless MyCustomH2o and its parents, sister companies, subsidiaries, affiliates, service providers, other consumers, distributors, licensors, officers, directors, employees, and other franchisees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this terms of use, or your violation of any law, regulation or third party right.
Disclaimer of warranties. The site, products, services, content, downloads, artwork, software, data, and information are provided “as is.” Except as expressly stated herein, MyCustomH2o expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by the MyCustomH2o site, including, but not limited to, the implied warranties and/or conditions of merchantability or quality of data and fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correspondence to description.
Limitation of liability. The entire risk arising out of the use of the site, the use of any products and/or services offered on or in connection with the site, and/or the use of any content remains with you. In no event shall MyCustomH2o or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this terms of use or the use of or inability to use any products, services, and content, with the delay or inability to use the MyCustomH2o site or related services, the provision of or failure to provide products or services, or for any information, software, products, services and content obtained through the site, or otherwise arising out of the use of the MyCustomH2o site whether based on contract, tort, negligence, strict liability or otherwise even if MyCustomH2o has been advised of the possibility of such damages. Notwithstanding anything else in this terms of use or posted on the site, the maximum liability that MyCustomH2o shall have is limited to any amounts actually paid to MyCustomH2o by consumer, reseller, or distributor. You assume all risk of loss for shipped products. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of MyCustomH2o. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of this terms of use) that is an essential basis of the bargain between the parties. Some States do not allow the limitation or exclusion of implied warranties or liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
General. No delay or failure to take action under this terms of use shall constitute any waiver by MyCustomH2o of any provision of this terms of use. If any provision of this terms of use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and serverable in the event such provision is completely unenforceable) and the remaining provisions of this terms of use will continue in full force and effect. This terms of use will bind and inure to the benefit of MyCustomH2o’s permitted successors and assigns. Any claim under these terms of use must be brought within one year after the cause of action arises. This terms of use shall be governed by the laws of the State of Texas without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Dallas County, in the State of Texas. This terms of use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this terms of use without consent or notice. This terms of use (including all documents expressly incorporated herein by reference, including but not limited to, the relevant usage rules) constitutes the complete and exclusive agreement between MyCustomH2o and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last modified: January 14, 2007
