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Terms & Conditions

Last Updated April 24, 2022


This Website (the “Site”) is owned and operated by Hayes Studios, Inc and Hayes Studios, Inc dba Aqua Lifestyle (“Company”, “we”, “us”, or “our”) a company incorporated in Florida, United States. These Terms set forth the terms and conditions under which (“you”) personally or on behalf of an entity may use our Site and services as offered by Company as well as any other media form, media channel, mobile Site or mobile application related, linked, or otherwise connected thereto.  This Site offers visitors advertising, information and research service related to the boating industry. You approve that you have read, understood, and agree to be bound by these Terms. Anything found on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever.  If you do not agree with all of these terms of use, then you are expressly prohibited from using the Site and you must discontinue use immediately. The Company owner of this Site and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site

 

ACCOUNT REGISTRATION


In order to use our Site and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Site and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

By using this Site and registering as a user on this Site you are subject to the conditions outlined below. 

 

You have the legal capacity and you agree to comply with these Terms of Use. You are not a minor in the jurisdiction in which you reside. Registration of an account allows you to be eligible for additional content and services.  You will be asked to provide your first and last name, your email address (which may be subject to verification) and a password. A screen name will be required and will be public. A public profile that is publicly visible to site visitors, and that your public activity (such as posts or comments) will be visible to other visitors of the Site. The password you create is for your individual use only and are solely responsible for maintaining the confidentiality. Accounts registered by bots or any other automated methods are not permitted. You will not use the Site for any illegal or unauthorized purpose. 


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

 

You agree not to perform the following:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Use the Site to advertise or offer to sell goods and services.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • Engage in unauthorized framing of or linking to the Site.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Sell or otherwise transfer your profile.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

FEE-BASED PRODUCTS AND SERVICES 

 

Hayes Studios, Inc and Aqua Lifestyle may offer products, services and merchandise for purchase.


When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. Subscribers may read some feature articles directly on www.AquaLifestyle.net. They may also download PDFs of issues and/or articles/guides for their personal use.

The prices we charge for using our services or our products are listed on the Site. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. All payments shall be in USD.

 

Certain features of this Site are available only through the purchase of individual issues or a digital subscription plan when available (“Fee-Based Services”). 

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method. Renewal rates may vary. If you subscribed through a special offer, please refer to the original offer’s terms and conditions. In the event Hayes Studios, Inc and Aqua Lifestyle is not able to charge your account, we reserve the right to invoice you, or terminate your access to the fee-based Services.

 

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

RETURN AND REFUND POLICY 


For any undamaged physical product sold by Hayes Studios, Inc and/or Aqua Lifestyle, please contact us within 14 days of the date you received the item at info@AquaLifestyle.net and we will work with you to provide a solution to the issue.    All purchased items of digital downloads/guides are final and funds cannot be refunded or returned, please contact info@AquaLifestyle.net with any questions.
 

OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS


The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Hayes Studios, Inc and/or Aqua Lifestyle. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.


You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the Site, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the Site.

 

INDEMNIFICATION 


You agree to indemnify and hold Hayes Studios, Inc and/or Aqua Lifestyle harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Site or any of the services offered on the Site.

 

 

LIMITATION OF LIABILITY 


All of the information provided on our Site and contained in our products, whether for purchase or not, is for educational and informational purposes only. Nothing on our website claims to guarantee accurate, complete, reliable or up-to-date information. To the maximum extent permitted by applicable law, in no event shall Hayes Studios, Inc and/or Aqua Lifestyle be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. Company assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or information; and any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.  We cannot ensure that our content is completely free from error or that it is timeless. As such, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, lack of errors, or fitness for purposes of any of the content or materials contained within and placed on our Site, products, or other publications. To the maximum extent of the law, we provide our Site and Services “as is” without any warranties, representations, or guarantees, whether express, implied, or otherwise. 

If you take our recommendations that we share on the Site or use our services, we ask you to do so mindfully and with prudence. You understand that the Company is not liable for any actions you take or do not take based on the information we provide or the services and products we offer.

AFFILIATE PROGRAMS 

While creating content for the Site or any other social media platform, we’ll often share other authors and products we love or the platforms and systems our team uses and recommends. For the majority of what we review, we are doing without any ancillary benefit. We want you to take our shares exactly for exactly what they are: us sharing amazing things with you that we appreciate. What we share is not professional advice and we ask you not to rely solely on our opinion of what we think is best. If we have some form of relationship with a company or product where we benefit from them, we will explicitly disclose that information for your clarity and complete transparency.  

We reserve the right to link to products or services for which we earn a commission, affiliate fee, or referral fee (all of which are interchangeable and mean the same thing for purposes of this Agreement). We will take reasonable measures to ensure that all affiliate links are labeled.

 

MODIFY TERMS 


We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Site or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Site or the service.

 

PROMOTIONAL EMAILS 


You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

PREFERENCE OF LAW 


These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Pinellas County, Florida. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

CUSTOMER SUPPORT AND CONTACT INFORMATION 

If you have any questions regarding this Terms and Conditions, you may contact us at support@AquaLifestyle.net with “Terms and Conditions” in the subject line.

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