TERMS OF USE

The Terms were updated as of July 15, 2025.

AQUA VAULT, INC. ("Aqua Vault", "Company", “we”, “our”, “us” ), as a convenience to you, grants you (“you”, “your”) access to its websites, accessible via www.theaquavault.com, or any website owned or controlled by Aqua Vault, including its subdomains (collectively, the “SITES”), SITESconditioned on your acceptance of these terms, conditions, and notices contained herein (collectively, the “Terms”).

For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the SITES that are not Submissions (as that term is defined below), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.

PLEASE BE AWARE THAT SECTION 14 OF THE GENERAL TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND AQUA VAULT. AMONG OTHER THINGS, SECTION 14 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTIONS 14 CAREFULLY.

UNDER THESE PROVISIONS, YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. GENERAL TERMS OF USE
   1. ACCEPTANCE OF TERMS.

PLEASE READ THESE TERMS AND THE AQUA VAULT PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE SITES. BY USING THE SITES ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE SITES IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES AND ANY CONTENT CONTAINED THEREIN.. YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

AQUA VAULT MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE SITES. BY CONTINUING TO USE OR ACCESS THE SITES, YOU ARE AGREEING TO THE REVISED TERMS. These Terms do not alter in any way the terms or conditions of any other agreement You may have with AQUA VAULT or its affiliates for other products or services.

Our Privacy Policy, and as applicable our Cookie Policy, describes the collection, use, and further processing of personal information on the SITES. Notwithstanding anything else to the contrary contained in these Terms, Aqua Vault's use of any personal information (e.g., name, address, phone number, etc.) you provide via the SITES shall be governed by our Privacy Policy. For further information regarding Aqua Vault's processing of your personal information, please refer to our Privacy Policy, available at https://theaquavault.com/pages/privacy-policy..

You are expected to check this page from time to time to take notice of any changes Aqua Vault has made, as those changes are binding on you.

1. USE AND RESTRICTIONS.

The SITES may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence (e.g, 18 years of age or older), and who are not otherwise barred from using the SITES under applicable laws.

The SITES is provided solely as a convenience to you for non-commercial use. You may access and use the SITES only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that Aqua Vault, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the SITES.

You agree not to:

• resell for commercial purposes products purchased through the SITES;
• commercially sell, resell, distribute, or frame the SITES or Content therein;
• modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
• use, frame, or utilize framing techniques to enclose any Aqua Vault trademark, logo, or other proprietary information (including the images found on the SITES, the content of any text, or the layout/design of any page or form contained on a page) without Aqua Vault’s express written consent;
• collect or use any product listings or descriptions; or
• use any meta tags or any other “hidden text” utilizing a Aqua Vault name, trademark, or product name without Aqua Vault’s express written consent.

When using the SITES, you may not:

• breach, attempt to breach, or otherwise bypass any security or authentication measures of the SITES, the server on which our Sites are stored, or any server, computer, or database connected to the SITES;
• transmit into or submit to the SITES any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the SITES, including the systems or servers which host the SITES;
• use any data mining, robots, or similar data gathering and extraction methods from the SITES;
• access or attempt to access any systems or servers on which the SITES is hosted or modify or alter the SITES in any way, other than for your use of the SITES as expressly permitted in these Terms;
• attack the SITES via a denial or service attack or distributed denial or service attack; or
• forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the SITES.

Any unauthorized use of the SITES will terminate the permission or license granted by these Terms, will result in you being barred from using the SITES, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

1. COPYRIGHT

The Content and Sites, as well as the selection and arrangement of each, are the sole property of Aqua Vault and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws and may not be used except in accordance with these Terms or with Aqua Vault's express written consent. Other than as necessary for your use of the SITES in accordance with these Terms, Aqua Vault grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Content. Any Content owned by Aqua Vault's licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Sites, or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, or other medium for publication or distribution or for any commercial enterprise, without Aqua Vault’s express prior written consent.

If you print, copy, or download any part of the SITES in breach of these Terms, your right to use the SITES will cease immediately and you must, at Aqua Vault’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Sites for your personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. Aqua Vault’s status (and that of any identified contributors) as the author of material on the SITES must always be acknowledged.

1. TRADEMARK

All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the "Marks") that appear on the SITES are proprietary to Aqua Vault or such Marks' respective owners. You may not display or reproduce Aqua Vault Marks other than with the prior written consent of Aqua Vault, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of Aqua Vault or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Aqua Vault.

1. COPYRIGHT AND TRADEMARK INFRINGEMENTS

Aqua Vault respects the intellectual property rights of others, and we ask you to do the same. Aqua Vault may, in appropriate circumstances and at our discretion, terminate service and/or access to the SITES for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our SITES, please provide Aqua Vault's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works on a single website are covered by a single notification, a representative list of such works on that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled on the SITES, and information reasonably sufficient to permit Aqua Vault to locate the material;
• Information reasonably sufficient to permit Aqua Vault to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Aqua Vault's agent for notice of claims of copyright or trademark infringement on the SITES can be reached as follows:

By email: info@theaquavault.com

By mail: Attention: Aqua Vault Inc.  20533 Biscayne Blvd ste 4947 Aventura FL 33180

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.

1. YOUR ACCOUNT

If you purchase products or services using the SITES, you may be prompted to establish an account with Aqua Vault, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your device and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the SITES that occur under your account or your account password.

You agree to immediately notify Aqua Vault of any unauthorized use of your password or account or any other breach of security by contacting us. We have the right to disable any account or password at any time, for any reason.

You acknowledge and agree that Aqua Vault may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the SITES, and all information relating to the use of the SITES under your account or account password if Aqua Vault is required to do so by law or legal process or if Aqua Vault determines, in its sole discretion, that such action is necessary to protect the rights of Aqua Vault, third parties, and other users of the SITES or for purposes of responding to your request for customer service.

1. ELECTRONIC COMMUNICATIONS
   1. You consent to receive electronic communications from Aqua Vault either in the form of email sent to you at the email address listed on your account or by communications posted on the SITES for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the SITES shall satisfy any legal requirement that such communication be in writing. The frequency of the electronic communication will vary based on your interactions with our products, marketing campaigns and website. 
   2. SMS/Text Messaging. 

By providing your telephone number to Aqua Vault under any SMS program and clicking "I Agree" or a similar consent mechanism under the applicable SMS program, you consent to receive transactional, promotional, and marketing SMS or text messages from or on behalf of Aqua Vault.  Message frequency may vary, and message and data rates may apply to all SMS or text messages sent by or on behalf of Aqua Vault, or received by you. Carriers are not liable for delayed or undelivered messages. Delivery of SMS or text messages is dependent on your mobile carrier's network and performance. Aqua Vault will not sell, or share your SMS opt-in data with third parties. We may share your data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to SITES providers, phone companies, and any other vendors who assist us in the delivery of text messages. SMS data will be used solely to administer the messaging program and in accordance with our Privacy Policy. You may withdraw your consent at any time by unsubscribing to the SMS program by replying "STOP" to any SMS or text message you receive, or by any other described opt-out or unsubscribe mechanism. You acknowledge that opting out of the SMS program will impact your ability to receive SMS or text messages from Aqua Vault thereafter. For support, text HELP, or for additional assistance contact us at Info@TheAquaVault.com.

You agree that Aqua Vault may use and/or disclose information consistent with the Privacy Policy.

1. SUBMISSIONS 

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the SITES (each, a "Submission") and through the services available in connection with the SITES, and that you, and not Aqua Vault, have full responsibility for each Submission you make, including its legality, reliability, appropriateness, and trademark, copyright, and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to Aqua Vault. You represent that: (a) the posting and use of your Submission on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (b) you will pay for all royalties, fees, and any other monies owed by reason of the Submission you post; and (c) you have the legal right and capacity to enter into these Terms in your jurisdiction.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the SITES is provided on a non-proprietary and non-confidential basis.

You agree that Aqua Vault is free to use a Submission for the purpose of providing you and others with use of the SITES, its functionality, and associated products and services, and, unless the rights in such Submission are assigned to Aqua Vault under these Terms, you grant Aqua Vault a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify, and prepare derivative works of the Submission.

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice, or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to Aqua Vault a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Aqua Vault products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential, and Aqua Vault is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You represent and warrant that: (i) you own all Submissions posted by you on or through the SITES or otherwise have the right to grant the Licenses to Aqua Vault set forth in this section; (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the SITES does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or entity or violate any applicable law, rule, regulation, or order. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the SITES. When submitting Submissions to or otherwise using the SITES and/or the services, you agree not to, without limitation:

• use the SITES in a manner that uses technology or other means to access the SITES, or other content that is not authorized by Aqua Vault;
• use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content;
• take any action that imposes or may impose (in Aqua Vault’s sole discretion) an unreasonably or disproportionately large load on Aqua Vault’s infrastructure;
• attempt to gain unauthorized access to Aqua Vault’s computer network or user accounts;
• encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
• attempt to damage, disable, overburden, or impair Aqua Vault servers or networks;
• violate applicable third-party terms;
• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• use racially, ethnically, or otherwise offensive language;
• discuss or incite illegal activity;
• use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• post anything that exploits children or minors or that depicts cruelty to animals;
• post any copyrighted, trade-secret, proprietary, patented proprietary, or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice, or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
• disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
• use any robot, spider, scraper, or other automated means to access the SITES; or
• alter the opinions, goals, profiles, or comments posted by others on the SITES.

This list of prohibitions provides examples and is not exhaustive. Aqua Vault reserves the right in its sole discretion to (i) terminate your access to your account; (ii) terminate your ability to post to the SITES (or the services); and (iii) refuse, delete, modify, edit, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Aqua Vault determines is inappropriate or disruptive to the SITES or to any other user of the SITES and/or services. Aqua Vault may report to law enforcement authorities any actions that may be, or Aqua Vault reasonably suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at Aqua Vault's discretion, Aqua Vault will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the SITES or on the Internet.

Aqua Vault takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, Aqua Vault is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require Aqua Vault to monitor, police, or remove any Submissions or other information submitted by you or any other user.

Aqua Vault prohibits crawling, scraping, caching, or otherwise accessing any content on the SITES via automated means, including, but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Aqua Vault's express consent).

Aqua Vault's policy is to not accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Aqua Vault does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Aqua Vault is free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Aqua Vault, its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your access to or use of the SITES; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.

1. THIRD-PARTY SITES 

The SITES may contain links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than Aqua Vault or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. Aqua Vault does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the SITES does not imply Aqua Vault’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

1. LINKING TO THE SITES 

You may link to our Sites, provided you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The website from which you are linking must comply in all respects with applicable law.

1. WARRANTIES AND DISCLAIMER

AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT TO AQUA VAULT THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.

EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE (AS DEFINED BELOW), THE SITE, , SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE SITES OR STORES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUA VAULT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE,  SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AQUA VAULT DOES NOT REPRESENT OR WARRANT THAT THE SITE,  SUBMISSIONS, CONTENT, OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITES IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE. Aqua Vault will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our SITES or to your downloading of any material posted on it, or on any website linked to it.

IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. AQUA VAULT THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AQUA VAULT RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, AQUA VAULT MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, AQUA VAULT WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE(S).

Nothing in these Terms shall affect your legal rights under applicable consumer laws.

1. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, AQUA VAULT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE OR ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY AQUA VAULT’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE, OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION FOR CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

You agree that any claim you may have arising out of or related to your relationship with Aqua Vault must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

1. BINDING ARBITRATION AND CLASS ACTION WAIVER AGREEMENT 

You and Aqua Vault, Inc.  (the “Parties”) mutually consent to the resolution by final and binding arbitration of all claims (common law or statutory) relating to a Dispute that You may have with Aqua Vault. “Dispute” means any dispute, action, or other controversy between you and Aqua Vault concerning your Aqua Vault products or any warranty, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Such claims include, but are not limited to, any controversy, claim, dispute, or difference between the Parties arising out of or relating to your purchase of any Aqua Vault products, any return or replacement of any Aqua Vault products, any warranty claim relating to any Aqua Vault products, Your transacting business with Aqua Vault in any way, or your use of Aqua Vault’s Website in any way.

If You or Aqua Vault do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules applying U.S. Federal Rules of Procedure and U.S. Federal Rules of Evidence. The AAA Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. The arbitration shall be before a single arbitrator and will be administered in accordance with the applicable arbitration rules and procedures of the AAA. To the extent required by applicable law, the substantive law of the state in which You purchased products (or the state of delivery) shall apply. You agree to commence arbitration in your county of residence or in Miami-Dade County, Florida. Aqua Vault agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.

The Parties expressly waive the right to have a court or jury trial on any arbitrable claim. Notwithstanding any provision of the American Arbitration Association’s Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable, and/or any other Rules and/or procedures of the American Arbitration Association), arbitration shall occur on an individual basis only.  To the maximum extent permitted by law, THE PARTIES WAIVE THE RIGHT TO INITIATE, PARTICIPATE IN, OR RECOVER THROUGH, ANY CLASS, COLLECTIVE, OR NON-INDIVIDUAL ACTION (the “Waiver”). In addition, to the maximum extent permitted by law, neither Party shall have the right to join or consolidate claims in arbitration with the claims of any other person or entity against the other Party to this Agreement. To the maximum extent permitted by law, the Arbitrator’s authority to resolve any dispute and to make written awards will be limited to Your individual claims. 

To the extent required by the applicable substantive law, Aqua Vault shall pay arbitration-related fees and costs to the extent they are in excess of the fees and costs that You would be required to bear if the claim were brought in court. Each side shall pay its own other costs and attorneys’ fees unless the Arbitrator rules otherwise.  You will not be required to pay any fee or costs, however, if such a payment would invalidate this Agreement, and Aqua Vault will instead make that payment.  To the maximum extent permitted by law, the Arbitrator shall award the prevailing party its costs and reasonable attorney’s fees; provided, however, that the arbitrator at all times shall apply the law for the shifting of costs and fees that a court would apply to the claim(s) asserted. 

Notwithstanding any other provision of this Agreement or the AAA Rules referenced above, disputes regarding the scope, applicability, or enforceability of the Waiver may be resolved only by a civil court and not by an arbitrator. Either Party also may apply to a court of competent jurisdiction for provisional relief in connection with an arbitrable claim, including temporary or preliminary injunctive relief. 

You and Aqua Vault agree that there is not and has never been any intent, agreement, or expectation of the Parties to allow the prosecution of Mass Arbitrations, which are not permitted. As used in this Arbitration Agreement, “Mass Arbitrations” means and refers to when 30 or more arbitration demands asserting the same or similar claims are made and/or sought to be compelled by individuals during any rolling 52-week period, and such individuals are represented by the same lawyer(s) or law firm(s) and/or by one or more of several affiliated, associated or coordinated lawyers or law firms. In the event Aqua Vault reasonably believes that there are Mass Arbitrations being asserted, it shall give written notice of such to the individual and Arbitrator (if appointed) in each of the arbitrations at issue and, upon giving such notice, Aqua Vault shall not have any further obligation to arbitrate those arbitrations, and they shall be automatically stayed, pending Aqua Vault seeking a determination from a court of competent jurisdiction that the arbitrations at issue are Mass Arbitrations. Aqua Vault will not be required to pay any arbitration fees prior to and as a condition of seeking such a court determination. Should a court of competent jurisdiction hold that any arbitration demand made or sought to be compelled by any individual under this Arbitration Agreement is one of such Mass Arbitrations, then Aqua Vault will not be required to arbitrate the disputes at issue therein, which instead will be litigated in a court of competent jurisdiction. 

Nothing in this Arbitration Agreement requires arbitration of any claim that under the law (after application of Federal Arbitration Act preemption principles) cannot be made subject to a pre-dispute agreement to arbitrate claims. 

This Arbitration Agreement is the complete agreement between the Parties on the subject of the arbitration of disputes and the subject of the Waiver and supersedes any prior or contemporaneous oral or written agreement on the subject. This Arbitration Agreement can only be revoked or modified by a writing signed by the Parties that specifically states an intent to revoke or modify this Arbitration Agreement, except that Aqua Vault retains the right to make unilateral modifications to the Arbitration Agreement as required to comply with changes in the law. 

If any term of this Arbitration Agreement is determined for any reason to be unenforceable, in whole or in part, such term or portion thereof shall be deemed stricken and the balance of this Arbitration Agreement shall continue in full force and effect. 

OPTION TO OPT-OUT. To the extent permitted by applicable law, you may opt out of the Arbitration Agreement and Waiver by notifying Aqua Vault in writing of Your intent to do so within 30 days of the date upon which You make Your first online purchase and/or visit Aqua Vault’s website (unless a longer period is required by applicable law). You must mail your written notification to: 

Aqua Vault

Attention: Legal Department

20533 Biscayne Blvd. Suite 4947 

Aventura FL 33180 

Your written notification must include your name, address, and an unequivocal statement that you want to opt-out of this Arbitration Agreement.

1. GOVERNING LAW

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings, and other hearings or actions initiated in connection with the SITES and/or the Content must and will be venued exclusively in Miami, Florida. These Terms and the relationship between you and Aqua Vault will be governed by the laws of the State of Florida and the federal laws of the United States applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.

1. MISCELLANEOUS

If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

1. LANGUAGE

You agree it is the express wish between you and Aqua Vault that the official language of these Terms and all communications and agreements between Aqua Vault and you and any proceedings in connection with these Terms and/or your use of the SITES exclusively shall be made in the English language. Aqua Vault and you waive any rights we or you may have under any other law to have these Terms written in another language. Any translation of these Terms will be for convenience only.

1. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aqua Vault as a result of these Terms, the Privacy Policy, or any use of the SITES. Aqua Vault's performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms or the Privacy Policy is in derogation of Aqua Vault's right to comply with law enforcement requests or requirements relating to your use of the SITES or information provided to or gathered by Aqua Vault with respect to such use.

1. ENTIRE AGREEMENT

These Terms, including all terms and conditions incorporated by reference herein, constitute the entire agreement between you and Aqua Vault with respect to the SITES, Sites, and the Services provided by Aqua Vault, including the sale of products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Aqua Vault with respect to the SITES.

1. QUESTIONS OR CONCERNS

If you have any concerns about material which appears on the SITES, please contact us by emailing us at: info@aquavault.com or by writing to us at:

Aqua Vault Inc. 

20533 Biscayne Blvd. Suite 4947 

Aventura FL 33180 

1. TERMS OF SALE

These Terms of Sale (“Terms of Sale”) describe the terms and conditions in which Aqua Vault sells Aqua Vault products (“Products”) through Aqua Vault-owned stores (each, a “Store”) and through the SITES to you and provide the legal information applicable to the contract formed when you purchase a Product from our SITES or Store (an “Order”). PLEASE READ THESE TERMS OF SALE CAREFULLY. BY ACCESSING, USING, OR PURCHASING THROUGH OUR SITES OR STORES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE.

1. PLACING AN ORDER. The contract for an Order made on a SITES is formed through the following steps: a) you place an Order, b) we acknowledge and accept the Order, and c) we send you a shipping confirmation. To place an Order, you will be required to submit your name, address, email, phone number, and a valid Payment Method (defined below) on the “Order Summary” page. Please carefully review all Product specifications, including size, color, and price, and any shipping costs, delivery fees, or taxes that may apply to your Order, along with these Terms of Sale. By completing the Order, you accept these Terms of Sale and your obligation to pay the total price. We will acknowledge receipt of your Order by displaying an order confirmation number and/or sending an email to the email address you submitted. If your Order is accepted, we will send an email to confirm acceptance. When your Product is shipped from our warehouse, we will send an email with shipping confirmation. If any Product in your Order becomes unavailable, you will be refunded any respective amount(s) paid via the original Payment Method.
2. RESTRICTIONS ON PLACING ORDERS. Products are offered for sale only to end consumers who are of legal age of majority in their place of residence (for example, 18 years of age or older). We reserve the right to not accept Orders placed by consumers under 18 years of age or persons other than end consumers. We only supply Products for domestic and private use. You agree to not purchase any Product for commercial resale. WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
3. AVAILABILITY. All Products are subject to availability. Some Products on our SITES may not be available in Stores, and vice versa. We will inform you by email as soon as possible if a Product in your Order is not available. We make no representations or warranties that any Products displayed on our SITES will be available at any time or location.
4. COLORS, DETAILS, AND PACKAGING. Product details and packaging may vary slightly from SITES images. SITES images are for illustrative purposes only. 
5. PAYMENT METHODS. Acceptable payment methods (each, a “Payment Method”) may vary by Stores and SITES and will be shown on the “Order Summary” page. Such Payment Methods include, but are not limited to, Visa, MasterCard, American Express, Visa, Google Pay, Apple Pay, and PayPal. We will not charge your Payment Method until we dispatch your Order. We take every reasonable care to ensure your Order and subsequent transactions are conducted via a secure link. To protect against fraudulent use of Payment Methods, we conduct security checks on all Orders. These security checks take various forms and may involve contacting you by phone before we process your Order. We also procure the services of various credit rating and fraud prevention companies, and we may share details of your Order with them for the sole purpose of detecting and preventing fraudulent use of Payment Methods. Such information will be shared and processed in accordance with our Privacy Policy. Certain Payment Methods, such as Klarna or Afterpay, may be subject to additional requirements for use and approvals by such third parties. When placing an Order using these methods, please be sure to review any additional terms and available documentation.
6. DELIVERY. For Orders that are being shipped to you directly, we will make best efforts to have your Order fulfilled by the estimated delivery date indicated in the shipping confirmation, unless an Event Outside Our Control occurs (defined below). If an Event Outside Our Control prevents us from meeting the estimated delivery date, we will make our best efforts to contact you with a revised estimated delivery date. Delivery is completed when the Product is delivered to the address submitted in your Order, at which time the Products become your responsibility. You own the Products once we have received payment in full, including any delivery charges. Certain regions may require a “Delivery Fee” to be included on items shipped to addresses in that region. If your designated shipping address requires a Delivery Fee, the amount will be noted and included on the Order Summary page. DELIVERY FEES AND, IF SELECTED, ANY EXPEDITED SHIPPING FEES ARE NON-REFUNDABLE. Further information regarding shipping timing and details is available in our Shipping Policy at https://theaquavault.com/pages/shipping-and-returns-policy.
7. OUR RIGHT TO REJECT OR CANCEL AN ORDER. We expressly reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, wholly or partially, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from such Order, in certain situations, including, but not limited to:

• if your Order exceeds Product purchase limits in quantity or dollar amount;
• if your purchase history, Membership history, or related accounts show a high volume of exchanges or returns or suspicious volume of purchases;
• if we believe that you ordered or purchased Products (single or cumulative transactions) for resale, tax evasion, or another fraudulent purpose;
• if the delivery address you provide is the address of a freight forwarding entity or individual or an address flagged by our systems as potentially linked to fraudulent or suspect activities;
• if our security systems flag your Order or account details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;
• if the Product you seek to purchase is unavailable, not in stock, incorrectly priced, or otherwise incorrectly described;
• if there was a misspelling, mismarked pricing, or other mistake or error in connection with the Order;
• if we are unable to obtain payment authorization;
• if your address, form of payment, or billing information is unverifiable or incorrect;
• if shipping restrictions may apply to a Product in your Order;
• if we believe you are ineligible to make purchases or use a discount program code or are unauthorized to apply a discount or promotion code to your purchase;
• if we cannot deliver to the address provided;
• if you are involved in an ongoing legal dispute with Aqua Vault;
• if you have previously breached the conditions or terms of the Terms of Use, including these Terms of Sale; or
• due to an Event Outside Our Control (see below).

1. LIMITED GUARANTEE. Our Quality Promise is our limited guarantee that the Product you purchase will perform as intended. This limited guarantee is restricted to one (1) year from the date of purchase, and proof of purchase is required. This limited guarantee does not apply to Products impacted by ordinary wear and tear, personal preference, misuse or accidents. For Products where the Quality Promise does not apply, please see our Return Policy (below). See our Quality Promise page for additional information.
2. RETURNS AND REFUND POLICY. Unless we have stated otherwise, you have thirty (30) days from the date you receive your Order to return such Product to us. You are legally obligated to take reasonable care of the Products while they are in your possession. If you are unable to provide a proof of purchase, we may request that additional information, such as photo ID, be provided for verification purposes. All Products are subject to inspection. You will receive a full refund of the price you paid for the Product, less any applicable expedited shipping charges or Delivery Fee, which are non-refundable. Aqua Vault will process the refund as soon as possible, and in any event, within thirty (30) calendar days of the date you gave us notice of the return. If the Products were delivered to you, you must return the Products as soon as reasonably practicable. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. Refunds will be issued via the Payment Method of your Order or on a Aqua Vault Gift Card.

For more information on how to return an item and further details, please see our Return Policy, including the Frequently Asked Questions at https://theaquavault.com/pages/ask-aquavault.

The Terms were updated as of July 15, 2025.