LiquidArt Terms and Conditions
Please carefully read the following terms and conditions before using this Website or ordering a product. If you do not agree to these terms and conditions, please exit the Website immediately. If you decide to access, use, and/or place an order on this Website, your access, use, and order are subject to the following terms and conditions and applicable laws.
Copyright
You are granted permission to use, print, and copy portions of this Website (except for portions of this Website that contain copyrighted works of third parties), provided that (1) both the copyright notice set forth below and this permission notice appear on all copies or printouts, (2) you use the material on this Website for informational and noncommercial or personal use only, you do not copy or post any material from this Website on any computer network, and you do not broadcast it in any media, and (3) you do not modify any material on this Website. Use in violation of these terms and conditions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The entire content, design, and layout of the LiquidArt, LLC, Website, or any Website owned, operated, licensed, or controlled by LiquidArt or its affiliates, are copyrighted as a collective work under the laws of the United States and other copyright laws.
Trademarks
Elements of LiquidArt’s Website are protected by trade dress, trademark, unfair competition, and other laws and, except as expressly permitted above, may not be copied or imitated in whole or in part. The name “LiquidArt” and the LiquidArt logo are trademarks of LiquidArt, LLC.
Limited Warranty; Disclaimer of Warranties
LiquidArt makes no representations about the suitability of the information contained on this Website and related graphics published on this Website for any purpose. All such information and related graphics are provided “as is” without warranty of any kind.
LiquidArt’s products (except pumps) come with a one-year limited warranty commencing on the original date of purchase. Products that include a pump come with a three-year/one-year limited warranty for the pump unit. LiquidArt will repair or replace any pump unit found to be defective as follows: the pump body housing and power cord are covered for a period of three years from the original date of purchase; and the pump impeller and internal moving parts are covered for a period of one year from the original date of purchase. This warranty excludes any replaceable filters or filtering material supplied with the pump unit. Altering the pump unit or cord in any manner voids the pump warranty. LiquidArt’s warranty with respect to its products, including pump units, is limited to replacement or repair of the product or parts found to be defective within the warranty period and under conditions of the warranty.
This warranty does not cover any products that have been improperly installed, have not been cleaned or maintained as recommended in the installation instructions, have been altered or misused in any manner inconsistent with their intended use, have been subjected to severe conditions, including but not limited to running the pump without an adequate water level, are damaged as a result of failing to clean the pump filter and basin as recommended in the installation instructions, are damaged as a result of failing to remove the pump and drain the collection tub if the outside air temperature falls below freezing. This warranty is given only to the purchaser of the product and is not transferable or assignable. All warranties are given only to the purchaser of the products and are not transferable or assignable. All warranty claims shall be directed to LiquidArt 888-619-3474 to obtain a return authorization number before returning any product to LiquidArt. LiquidArt is not responsible for removing any products or parts from the ground, damages due to removal, or any other expenses in shipping any product or part back to LiquidArt.
To the extent permissible by law, LiquidArt hereby disclaims all warranties, except the limited warranty stated above, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent any implied warranty imposed by state law. Any such implied warranty imposed by state consumer law is limited to one year from the original date of purchase. LiquidArt makes no warranties or representations regarding the information on this Website, including without limitation the accuracy, usefulness, reliability, or timeliness of any such information.
Limitation of Liability
In no event is LiquidArt liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action based on contract, negligence, or other tortious action, arising out of or in connection with the use of information available on this Website.
Products
All products listed or displayed on this Website do not include the stone, fountain rock, or other decorative rock that may be shown in pictures, diagrams, or drawings on this Website. All stone, fountain rock, and other decorative rock must be purchased separately.
Product Orders and Returns
While LiquidArt will use its best efforts to ship all orders within 15 days of your order, LiquidArt cannot guarantee the availability of any particular product displayed or listed on this Website. LiquidArt reserves the right to discontinue the sale of any product listed on this Website at any time without notice. The prices displayed on this Website are quoted in U.S. dollars and are valid and effective only within the United States, and the prices do not include any applicable sales tax, insurance, or shipping and handling fees (unless specifically stated otherwise). If such charges are applicable, they will be added to your total invoice price. You may return any product within 30 days of delivery for a full refund, provided that the product is returned to LiquidArt in new condition and in the original packaging. Before returning any product, you must obtain a return authorization number from LiquidArt. You are responsible for all shipping and handling charges for any returned product.
Risk of Loss
The risk of loss and title to products purchased from LiquidArt passes to you upon delivery to the carrier of the product.
Payment Terms
By placing an order on this Website, you authorize LiquidArt or its affiliates or agents to collect payment from your credit card, debit card, or bank account for all charges you incur.
Changes to Website
The information and related graphics published on this Website could include technical inaccuracies or typographical errors. LiquidArt may make improvements or changes in the products or services described on this Website at any time. LiquidArt reserves the right to correct any errors, inaccuracies, or opinions and to change information, including these terms and conditions, at any time without prior notice.
Third-Party Links
LiquidArt may provide links to Websites operated by third parties. The linked sites are not under the control of LiquidArt, and LiquidArt is not responsible for the content of any linked site, any link contained in a linked site, or any changes or updates to such sites. LiquidArt is not responsible for webcasting or any other form of transmission received from any linked Website. LiquidArt is providing these links to you only as a convenience, and therefore your access to these Websites is at your own risk. The inclusion of any third-party Website link does not imply endorsement by LiquidArt of the site or the information contained on the Website.
Unsolicited Idea Submission Policy
LiquidArt appreciates your interest in its business. However, unless you are bound by a written agreement with LiquidArt stating otherwise, all unsolicited ideas you provide to LiquidArt regarding products, services, technology, or potential business opportunities will be considered by LiquidArt to be part of the public domain, and may be used by LiquidArt without restriction. Please do not send LiquidArt any information that you consider to be proprietary.
Feedback and Information
Any feedback you provide at this Website will be deemed to be nonconfidential. LiquidArt is free to use such information on an unrestricted basis. Please see LiquidArt’s privacy policy (link to privacy policy) regarding LiquidArt’s use of your personal information.
Indemnification
You agree to indemnify and defend LiquidArt and its affiliates, and their managers, members, employees, agents, and suppliers, and hold them harmless from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation of these terms and conditions by you or any of your employees or agents.
Choice of Law
These terms and conditions shall be governed by the laws of the state of Michigan, United States, without regard to choice-of-law principles. Any claim related to these terms and conditions, use of LiquidArt’s Website, or the products described or sold by LiquidArt shall be filed only in the state or federal courts located in Saginaw County, Michigan.
Integration
These terms and conditions constitute the entire agreement between you and LiquidArt with respect to your use of LiquidArt’s Website and any transactions conducted thereon and supersede all prior or contemporaneous communications and proposals, whether written or oral, between you and LiquidArt.
Severability
If any term or provision of these terms and conditions is held to be void or unenforceable, that term or provision will be severed from the terms and conditions and the balance of the terms and conditions will remain in full force and effect.
Changes to These Terms and Conditions
LiquidArt may revise these terms and conditions from time to time. When this happens, the “updated” date at the top of these terms and conditions will be changed. The terms and conditions applicable to your use of LiquidArt’s Website are those posted at the time of any given access. You should periodically review the terms and conditions for any changes.
Copyright Notice
Copyright © 2017 LiquidArt, LLC. All rights reserved.
LiquidArt reserves the right to change specifications and other product information without notice.
Any rights not expressly granted to the user are reserved to LiquidArt.
Contact
info@liquidartfountains.com or call 800-974-9586 with questions or problems regarding LiquidArt’s Website or these terms and conditions.
