CONDITIONS OF USE
Welcome to our online store. Hydrosphere Water Gardens & Fisheries and its associates provide their services
to you subject to the following conditions. If you visit or shop within this website, you
accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to
understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Hydrosphere Water Gardens & Fisheries or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the property of
Hydrosphere Water Gardens & Fisheries or its content suppliers and protected by international copyright laws.
The compilation of all content on this site is the exclusive property of Hydrosphere Water Gardens & Fisheries, with copyright authorship for this collection by Hydrosphere Water Gardens & Fisheries, and protected by
international copyright laws.
TRADE MARKS
Hydrosphere Water Gardens & Fisheries trademarks and trade dress may not be used in connection with any
product or service that is not Hydrosphere Water Gardens & Fisheries, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
Hydrosphere Water Gardens & Fisheries. All other trademarks not owned by Hydrosphere Water Gardens & Fisheries or its subsidiaries
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 Hydrosphere Water Gardens & Fisheries or its
subsidiaries.
LICENSE AND SITE ACCESS
Hydrosphere Water Gardens & Fisheries grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion of it,
except with express written consent of Hydrosphere Water Gardens & Fisheries. This license does not include
any resale or commercial use of this site or its contents: any collection and use of
any product listings, descriptions, or prices: any derivative use of this site or its
contents: any downloading or copying of account information for the benefit of
another merchant: or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Hydrosphere Water Gardens & Fisheries. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Hydrosphere Water Gardens & Fisheries and our associates without express written consent. You may not use any meta tags or any
other “hidden text” utilizing Hydrosphere Water Gardens & Fisheries name or trademarks without the express
written consent of Hydrosphere Water Gardens & Fisheries. Any unauthorized use terminates the permission
or license granted by Hydrosphere Water Gardens & Fisheries. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of Hydrosphere Water Gardens & Fisheries so long as the link does not portray Hydrosphere Water Gardens & Fisheries, its associates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You may
not use any Hydrosphere Water Gardens & Fisheries logo or other proprietary graphic or trademark as part of
the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or password. If
you are under 18, you may use our website only with involvement of a parent or
guardian. Hydrosphere Water Gardens & Fisheries and its associates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. Hydrosphere Water Gardens & Fisheries reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do
post content or submit material, and unless we indicate otherwise, you grant
Hydrosphere Water Gardens & Fisheries and its associates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such content
throughout the world in any media. Hydrosphere Water Gardens & Fisheries and its associates and
sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise control
all of the rights to the content that you post: that the content is accurate: that use of
the content you supply does not violate this policy and will not cause injury to any
person or entity: and that you will indemnify Hydrosphere Water Gardens & Fisheries or its associates for all
claims resulting from content you supply. Hydrosphere Water Gardens & Fisheries has the right but not the
obligation to monitor and edit or remove any activity or content. Hydrosphere Water Gardens & Fisheries takes
no responsibility and assumes no liability for any content posted by you or any third
party.
RISK OF LOSS
All items purchased from Hydrosphere Water Gardens & Fisheries are made pursuant to a shipment contract.
This basically means that the risk of loss and title for such items pass to you upon
our delivery to the carrier.
PRODUCT DESCRIPTIONS
Hydrosphere Water Gardens & Fisheries and its associates attempt to be as accurate as possible. However,
Hydrosphere Water Gardens & Fisheries does not warrant that product descriptions or other content of this site
is accurate, complete, reliable, current, or error-free. If a product offered by
Hydrosphere Water Gardens & Fisheries itself is not as described, your sole remedy is to return it in unused
condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS
PROVIDED BY HYDROSPHERE WATER GARDENS & FISHERIES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
HYDROSPHERE WATER GARDENS & FISHERIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS
SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
HYDROSPHERE WATER GARDENS & FISHERIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HYDROSPHERE WATER GARDENS & FISHERIES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM HYDROSPHERE WATER GARDENS & FISHERIES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. HYDROSPHERE WATER GARDENS & FISHERIES WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Hydrosphere Water Gardens & Fisheries, you agree that the laws of the province of Ontario. Canada, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you and
Hydrosphere Water Gardens & Fisheries or its associates.
DISPUTES
Any dispute relating in any way to your visit to Hydrosphere Water Gardens & Fisheries or to products you
purchase through Hydrosphere Water Gardens & Fisheries shall be submitted to confidential arbitration in
Ontario, Canada, except that, to the extent you have in any
manner violated or threatened to violate Hydrosphere Water Gardens & Fisheries intellectual property rights,
Hydrosphere Water Gardens & Fisheries may seek injunctive or other appropriate relief in any state or federal
court in the state of Ontario, Canada, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrators award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on
this site. These policies also govern your visit to Hydrosphere Water Gardens & Fisheries. We reserve the right
to make changes to our site, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related
material can be directed to our support staff by clicking on the “Contact Us” link in
the side menu. Or you can email us at: info@pondexperts.ca