Water Express Terms of Use of our website

Terms Of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. By using this website, you agree to these terms and conditions.

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Water Express. The collective work includes works that are licensed to Water Express. Copyright 2003, Water Express ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Water Express or purchasing Water Express products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Water Express or to purchase Water Express products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Water Express. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Water Express used in the site are trademarks or registered trademarks of Water Express

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Water Express disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Water Express does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Water Express does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Water Express shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Water Express has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Water Express product is mistakenly listed at an incorrect price, Water Express reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Water Express reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Water Express shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Water Express without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Water Express may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Water Express.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Water Express products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Water Express products) must be commenced within one (1) year after the claim or cause of action arises. Water Express's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Water Express may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Water Express or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Water Express does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Water Express is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Water Express reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Water Express in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Water Express, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Water Express may link to sites operated by third parties. However, even if the third party is affiliated with Water Express, Water Express has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Water Express. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Water Express seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Water Delivery Prices

Minimum order quantity for a tank delivery is 2000 gallons at a fixed published price. Orders for larger quantities are in 4000 gallon increments at a fixed published price.

Minimum order quantity for a pool fill delivery is 2 each or 8000 gallons.

Water Express is not liable for any water damages due to the pool or tank condition, including but not limited to leaks, plumbing or construction issues.

Tank monitoring service is offered to customers who use over 2500 gallons per month in the Rio Verde neighborhood only. (zip 85262 and 85263)

Customers who receive a monitor must have a valid credit card on file.

Under monitoring service, all orders will be placed by Water Express at its discretion.

Tank monitors are the property of Water Express and will be installed and maintained by Water Express.

Customers can opt out of the program at any time with a 30 days advance notice.

Order may be cancelled at any time up until 24 hours before scheduled delivery without charge. If cancelled within 24 hours before delivery, then, 50% of order total will be refunded or 75% of order total will be applied to customer account as a store credit.

Tank monitors are offered on a limited basis when available in stock.

A $25 late fee will be added to overdue invoice over 30 days. An additional 5% will be added every month thereafter.

Prices may be subject to change without notice.