Introduction and Acceptance of Terms
This website offers consumers a convenient way to find, learn about, and purchase products from HYDRO-PHOTON, Inc. (we, us, or our). We provide this website (the Site) subject to the terms and conditions set forth herein (the Agreement). The terms of this Agreement apply whether you are just visiting the Site or are a registered Account user (as described below). By using the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms set forth in this Agreement, please do not use the Site.
PLEASE NOTE THAT THIS AGREEMENT REQUIRES CERTAIN DISPUTES TO BE RESOLVED IN A COURT IN MAINE. Please refer to the Disputes section of this Agreement for further details.
If you are under 18, you may use this Site only with the supervision of a parent or guardian.
Modification of This Agreement
We may modify this Agreement or other policies set forth on the Site from time to time. When we modify this Agreement, we will update the Last Updated line above. It is your responsibility to regularly review this Agreement. Your use of the Site following the posting of an updated Agreement constitutes your acceptance of such updated Agreement.
The use of certain services on the Site requires the user to have established a user account (an Account). There is no charge to establish or maintain an Account, and an Account is not required to make a purchase from the Site. In order to establish an account, you must:
- Provide us with your name, a valid e-mail address, and such other information as we may require from time to time;
- Create a password; and
- Be a citizen or legal resident of the United States and be at least 13 years of age, except for Maine residents, who must be at least 18 years of age.
You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
We currently accept the following payment methods:
- Discover Card
- American Express
Making a Purchase
If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when the item you purchased is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Sales tax is collected only on orders shipped to Maine. All prices are quotedin U.S. currency and all orders must be transacted in U.S. currency.
We only sell products to individuals who can purchase with a permitted payment method.
You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
Order Acceptance Policy
The advertisement of any product on this Site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order.
Order Limitation Policy
Given the popularity of some products, we reserve the right to limit the quantities of items that can be purchased.
Pricing and Availability
All prices and availability of products are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information on pricing and availability. However, some of the items on our web site may be mis-priced or no longer available at the time you place your order.
In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an items correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an items correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
If an item you have ordered is not available because it is temporarily out of stock, we will handle the issue as described in our Backorder Policy. If we do not believe that we will be able to fill your order at any time (such as, for example, if the manufacturer has discontinued production of the item you ordered), we will notify you of the same by email and we will cancel your order for that item
We try our best to be as accurate as possible. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitors display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. If a product offered by us is not as described, your sole remedy is to return it unopened in its original packaging in accordance with the Return Policy and Return Procedures.
Although we make every attempt to have items in stock, occasionally items may be temporarily out of stock. If any item in your order is out of stock and we will be unable to ship it to you within 30 days of the date of your order, we will notify you of the delay, and you will have the opportunity to cancel the order and receive a refund if you wish by following the directions specified in the notice. If the item remains out of stock for a period of 60 days from the date of your order, we will cancel the order for the item and you will receive a refund, unless you request that we keep the order open and fill it later. If you receive a cancellation notification and would like us to keep the order open, please contact us by following the directions specified in the notice.
Our preferred shipping carrier is UPS. However, we reserve the right to use other shipping carriers.
UPS Ground: (5-8 Business Days)
- Orders are typically delivered within 5 to 8 business days. Actual delivery time depends on shipping distance and may vary.
- Delivery to some remote addresses may require up to 2 additional days.
- See www.ups.com for additional details.
UPS Overnight: (1 Business Day)
- Orders are typically delivered by 3:00pm (Local Time) the next business day after they are shipped. Shipments to rural addresses are typically delivered by 4:30pm (Local Time) the next business day after they are shipped.
- Available for shipments to addresses within the 48 contiguous states and to limited addresses in Alaska and Hawaii.
- Your order will be shipped after your credit has been approved and/or any other necessary verification has been completed. To be shipped the same day, your order must be submitted and such approval and verifications completed by no later than 3 pm Eastern/12 pm Pacific. All other orders will be shipped on the day that credit approval and/or other verifications are completed, unless the same takes place after 3 pm Eastern/12 pm Pacific, in which case the order will be shipped on the following business day.
- See www.ups.com for additional details.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Return Policy; Return and Refunds Procedures
We want to ensure your complete satisfaction. We will happily accept returns in accordance with the following Return Policy:
Defective, damaged or incorrect items: If you received a damaged or defective item from us, or the wrong item was shipped to you, you will not be responsible for return shipping charges and we will not charge any restocking fee or other fee in connection with the return. In addition, you will receive a full refund for the item as described in our Refunds Procedures. To obtain this refund, you must ship the item to us, unopened (unless the item was received by you in a defective or damaged condition) and in its original packaging, with all accessories, within 30 days of the date upon which we provide the item to the carrier for shipment to you, and follow the Return Procedures specified below. Refunds will not be issued for items that are returned without their original packaging.
We cannot accept returns of items that have been opened or used unless the item was received by you in a damaged or defective condition.
Other returns: For all returns other than damaged, defective or incorrectly-shipped items, we will charge a return shipping fee of $5.00 per package returned and a restocking fee equal to 20% of the purchase price for each item returned. We will also issue you a refund reduced accordingly by such fees, as described in our Refunds Procedures. To obtain this refund, you must ship the item to us, unopened and in its original packaging, with all accessories, within 30 days of the date upon which we provide the item to the carrier for shipment to you. You must also follow the Return Procedures specified below
Please contact us at 1-888-783-7473 if you have any questions.
For your convenience, upon issuing a Return Authorization # (RA#), we will either issue a UPS Call Tag or forward to you a pre-paid shipping label for an easy return process. This label is valid only for returns shipped within the United States. To return an item:
- Please securely pack the item(s) you are returning and include a copy of your original packing slip in an appropriately sized box.
- Affix the pre-paid UPS label on the package to be returned. To locate the nearest UPS drop-off location, please visit www.ups.com.
- After we receive, inspect and process your return, a refund will be issued In accordance with our Refunds Procedures below.
Certain items may have special return policies, which will be posted on the Site.
If you would like to order a replacement of an item that was delivered to you in a defective or damaged condition, please contact our customer specialist at 1-888-783-7473 or simply go to the Site and place your order.
If you are entitled to a refund in connection with a return, the following conditions will apply:
- Your refund will be in the form of payment used for the purchase.
- The amount refunded will be the purchase price paid by you for the returned item (which reflects the amount of any discounts, promotions or coupons that you received), including sales tax charged with respect to the item, less a restocking fee and/or shipping fee, as applicable, if a restocking fee or shipping fee is charged as described in the Return Policy.
- Credits will be issued after we receive, inspect and process your return. Please allow time for the returned item to be delivered to us, for us to inspect and process the return, and for the credit card issuer to credit your account. Your credit card company determines when the credit will be reflected in your statement. It may take one full billing cycle for the credit to appear on your account.
- If you purchased using PayPal – PayPal credits the refund according to how the original payment was made. If you used a credit card, PayPal credits your credit card. If you used a funding source other than a credit card, your PayPal balance will receive the credit. If you used both a credit card and another source, the credit card portion goes to the credit card, and the remainder goes to your PayPal balance. Please note, refunds to credit cards can take up to 30 days to appear on your statement.
Occasionally, shipments to customers are returned to us as undeliverable. For example, this may happen when the address is incorrect, or the customer refuses to accept a shipment, or the carrier is unable to deliver after multiple attempts. If a shipment is returned to us as undeliverable, we will charge a return shipping fee of $5.00 per package returned and a restocking fee equal to 20% of the purchase price for each item in the package. We will also issue a refund reduced accordingly by the $5.00 package return fee and the restocking fee for each undelivered item, as described in our Refunds Procedures. We will not issue you a refund if the return shipment and restocking fees exceed the original purchase price plus sales tax charged of the item(s) in your undeliverable shipment
Disclaimer and Limitation of Liability
We make no warranties or representations about the Site, the operation of the Site, the Sites Content (as defined in License and Site Access below) or any products or services depicted or described on the Site and/or made available to you or purchased or licensed by you through the Site.
THIS SITE, INCLUDING ALL CONTENT AND INFORMATION CONTAINED WITHIN IT AND ANY SITE-RELATED SERVICE, AND ALL PRODUCTS OR SERVICES LICENSED OR PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. You acknowledge that any warranty that is provided in connection with any of the products or services described or set forth or accessed on or through the Site, not manufactured by us, is provided solely by the manufacturer of that product and/or service, and not by us. We do not warrant that your access to the Site and/or related services will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of any product purchased in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility for and all risks relating to your use of this Site and Site-related services.
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, THE PROVIDERS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT, SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE VIA THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
If the foregoing limitation of liability is held to be unenforceable, the Providers maximum liability to you shall not exceed the amount paid by you for the products or services you have ordered through the Site. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdictions law is applicable to this Agreement. If the law applicable to you and your use of the Site does not permit the waiver by you of any rights or remedies, this Agreement does not require you to waive any of such rights.
By visiting this Site, you agree that the laws of the state of Maine, without regard to principles of conflict of laws, will govern this Site and this Agreement and any dispute of any sort that might arise between you and us.
Any dispute relating in any way to your visit to this Site or to products or services sold or distributed by us or through the Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Hancock County, Maine, and you consent to exclusive jurisdiction and venue in such courts.
When you visit this Site 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.
The Site may contain links to other sites on the Internet that are owned and operated by third parties (the External Sites). Even if the third party is affiliated with us, we have no control over these External Sites, all of which have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
Copyright and Trademarks
The Site is the copyrighted property of us or our licensors. The Site may include content owned by others that is licensed to us. All trademarks, service marks, and trade names (collectively the Marks) are trademarks or registered trademarks of and are proprietary to us or our licensors.
License and Site Access
Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site (Content), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.
You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us.
You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any scraping or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via in-line linking or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other hidden text utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site
You agree to comply with all applicable laws in connection with your use of the Site.
You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
a. Post or transmit any content, information or other material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyones use or enjoyment of any Site, as determined by us.
b. Post or transmit defamatory statements.
c. Post or transmit any content, information or other material that infringes another person or entitys copyright, trademark, right of publicity or other proprietary right or violates any applicable law. Any person determined by us, in our sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
d. Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements.
e. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
f. Impersonate another person or entity.
g. Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
h. Solicit personally identifiable information from or exploit children.
i. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting content unrelated to a forums designated topic or theme.
j. Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website.
k. Gain unauthorized access to any computer system or nonpublic portion of the website or interfere with or disrupt the website, servers or networks connected to the website.
l. Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites users.
m. Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
You are responsible for ensuring that all of your Communications do not infringe or violate any copyright, trade secret, right of privacy, right of publicity, or any other personal or proprietary right of another person or entity and are not obscene, threatening, defamatory, harassing or illegal. You will be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other personal or proprietary rights, or any other harm resulting from your uploading, posting, or submission of any Communication to the Site.
By posting, uploading or otherwise submitting any Communication to the Site, you expressly grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, distribute, transmit, perform and display such Communication and your name, voice, likeness, and/or any other indicia of your right of publicity as contained in your Communication, in whole or in part, in any manner and in any media, format or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe, without any further notice or payment to or permission from you. We will have no obligation to use any Communications.
We may, but are not obligated to, monitor or review Communications posted, uploaded or submitted by Site users and/or any areas on the Sites where users transmit or post Communications or communicate with each other, including but not limited to product review areas, bulletin boards or other user forums. We are not in any manner responsible for the content of these Communications. You acknowledge that by providing you with the ability to view and distribute user-generated and/or user-submitted content on the Site, we are not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, we reserve the right to block or remove Communications from any user, including without limitation any Communications that in our sole discretion we determine violate this Agreement.
Any opinions, advice, statements, services, offers, or other information contained in Communications expressed or made available on the website are those of the respective author(s) or distributor(s) and not of us. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Communication.
In addition to the provisions above, particular Site features or activities incorporating user submissions may also be subject to additional terms outlined in association with those features or activities (Additional Terms). If any of the terms contained in this Agreement conflict with Additional Terms presented in association with a particular feature or activity on the Site (e.g., sweepstakes, ratings and reviews), then the Additional Terms shall control.
How to Contact Us
If you would like to contact us other than with respect to a product return, please contact us at the following address. We may not accept any other correspondence addressed to, or received by, us at any other address.
P.0. Box 675
262 Ellsworth Road
Blue Hill, ME 04614