Terms and Conditions of Use and Service

Terms and Conditions of Use and Service

THESE TERMS AND CONDITIONS OF USE AND SERVICE (“TERMS”) GOVERN YOUR USE OF THIS WEB SITE WWW.AQUAELEGANTE.COM AND OTHER WEB SITES (COLLECTIVELY, “SITE”) OWNED OR OPERATED BY HOLEKAMP PRODUCTS, LLC (“HOLEKAMP PRODUCTS” OR “WE”). THESE TERMS BECOME EFFECTIVE BETWEEN YOU AND HOLEKAMP PRODUCTS UPON VISITING THE SITE OR SUBMITTING INFORMATION TO THIS SITE. YOU AGREE THAT ANY FUTURE ACCESS TO THIS SITE INDICATES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE BY HOLEKAMP PRODUCTS AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

Access To This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (“COPPA”) AND IS NOT MONITORED AS DOING SO.

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Holekamp Products believes the information you provide is not correct, current, or complete, or that you have breached these Terms, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Holekamp Products’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyper-link to this Site without the express prior written permission of an authorized representative of Holekamp Products. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Holekamp Products in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by Holekamp Products, are the proprietary information of Holekamp Products or the party that provided the Content to Holekamp Products, and Holekamp Products or the party that provided the Content to Holekamp Products retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Holekamp Products, or, unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Holekamp Products’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Hyper-Links

This Site may be hyper-linked to other Sites that are not maintained by, or related to, Holekamp Products. Hyper-links to such Sites are provided as a service to users and are not sponsored by or affiliated with this Site or Holekamp Products. Holekamp Products has not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyper-links are to be accessed at the user's own risk, and Holekamp Products makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party Site does not necessarily imply endorsement by Holekamp Products of that Site.

Submissions

You hereby grant to Holekamp Products the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Holekamp Products through this Site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Holekamp Products will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Holekamp Products operations.

Holekamp Products will treat any personal information that you submit through this Site in accordance with its Privacy Policy as set forth on this Site.

BY SUBMITTING INFORMATION TO THIS SITE, YOU AGREE TO THE THEN CURRENT COMPANY PRIVACY POLICY AND THE DISCLAIMER AS INTEGRATED HEREIN AND INCORPORATED BY REFERENCE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, OR THE DISCLAIMER, PLEASE DO NOT CLICK THE “ACCEPT” BUTTON AND CEASE USE OF THIS SITE AND OUR SERVICES. NOTE THAT EACH OF THESE POLICIES MAY BE CHANGED FROM TIME TO TIME AT OUR COMPANY’S DISCRETION AND WITHOUT NOTICE, EXCEPT WITH A NEW LAST UPDATED DATE.

Disclaimer

You understand that Holekamp Products cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Holekamp Products does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up to date and should not be used to replace any written reports, statements, or notices provided by Holekamp Products. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HOLEKAMP PRODUCTS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HOLEKAMP PRODUCTS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOLEKAMP PRODUCTS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HOLEKAMP PRODUCTS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT HOLEKAMP PRODUCTS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. HOLEKAMP PRODUCTS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Holekamp Products does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. You agree that Holekamp Products does not have any obligation to monitor or correct information that has been posted by other customers or third parties on this Site.

Limitation On Liability

HOLEKAMP PRODUCTS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HOLEKAMP PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HOLEKAMP PRODUCTS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO HOLEKAMP PRODUCTS FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE (“CUMULATIVE LIABILITY CAP”).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSIONS OF DAMAGES, SO SUCH DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE PRIOR SENTENCE, YOU AGREE THAT, IF HOLEKAMP PRODUCTS IS FOUND LIABLE, HOLEKAMP PRODUCTS’S CUMULATIVE LIABILITY WILL BE CAPPED AT THE CUMULATIVE LIABILITY CAP SET FORTH ABOVE.

Indemnity

You will indemnify and hold Holekamp Products, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising from any breach of these Terms by you (including any use of Content other than as expressly authorized in these Terms), or any violation of any law or the rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Notices

Legal notices shall be served on Holekamp Products ’s national registered agent and to you via your e-mail address that you provide to Holekamp Products during the initial registration process.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of Holekamp Products or the party that provided the trademarks, service marks, and logos to Holekamp Products. Holekamp Products and any party that provided trademarks, service marks, and logos to Holekamp Products retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Site any material that:

you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this Site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
solicits funds, advertisers, or sponsors;
includes programs that contain viruses, worms and/or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way that affects the ability of other people to engage in real time activities via this Site;
includes MP3 format files;
amounts to a “pyramid” or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
contains hyper-links to other Sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, Holekamp Products reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Holekamp Products nor any third party that provides Content to Holekamp Products will assume or have any liability for any action or inaction by Holekamp Products or such third party with respect to any submission.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Holekamp Products will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Holekamp Products considers insecure, Holekamp Products will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Holekamp Products reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. Holekamp Products reserves the right to investigate suspected violations of these Terms of Use.

Holekamp Products reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Holekamp Products to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS HOLEKAMP PRODUCTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HOLEKAMP PRODUCTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HOLEKAMP PRODUCTS OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and Holekamp Products arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Jefferson County, Texas. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. Holekamp Products may revise these Terms of Use at any time by updating this posting. This agreement sets forth the entire understanding and agreement between you and Holekamp Products with respect to the subject matter hereof. The following Sections shall survive termination of these Terms: proprietary information, submissions, disclaimer, limitation of liability, indemnity, notices, and this provision.

Last updated: June 1st 2015.