Terms and Conditions

Terms and Conditions – Liquid Assault, LLC                                                                                                                            Date: January 21, 2020

 

If you visit or shop at our Website, you accept these conditions. Please read them carefully.

Liquid Assault reserves the right to change these Terms of Use, and all other policies governing our Website, privacy, and usage, at any time. We will alert you to these changes by noting the date that these Terms of Use, and all other policies governing our Website, privacy, and usage, were last updated.  Your continued use of our Website following the posting of changes means that you accept such changes. It is your responsibility to check these Terms of Use, and all other policies governing our Website, privacy, and usage, each time you use our Website, so that you can take note of any changes we may make.  Any changes apply only from the date on which they are reflected in these Terms of Use or other policies governing our Website, privacy, and usage.

Our Website allows you to place orders quickly and easily by setting up a password protected account. If you create an account, you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, username, or password. Your use of the registration process on our Website is personal to you and is not transferable. You agree to: (a) provide true, accurate, current, and complete registration information about yourself on all forms you complete; and (b) maintain and update this information to keep it true, accurate, current, and complete; and (c) immediately notify Liquid Assault of any suspected unauthorized use of your account, username, or password.

When you place an order on our Website, Liquid Assault will not charge you for your order until we receive authorization for your payment method. Liquid Assault reserves the right, at any time after receipt of your order, to accept, decline, or cancel your order, or any portion thereof, even after your receipt of an order confirmation. We also reserve the right, at our sole discretion, to limit the quantity of items ordered, refuse service to any customer, terminate accounts, remove or edit content, and/or prohibit sales to dealers. Some situations where we may cancel your order include inaccuracies or errors in product or pricing information, limited quantities, or problems with the chosen payment mechanism. In certain circumstances, we may require additional information or need to verify information before accepting your order.  The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.

All prices, features, content, and specifications listed on our Website for product or services are subject to change at any time without notice. Liquid Assault strives to provide the most accurate pricing and product information possible. In spite of such efforts, however, pricing and product information errors on our Website may occur. You agree that Liquid Assault shall not be responsible for any such pricing or product information errors. Liquid Assault cannot confirm the accuracy of the price of an item until after Liquid Assault has processed and completed your order. In the event that an item is listed at an incorrect price, Liquid Assault shall have the right to refuse or cancel any orders placed for that item.  In no case will Liquid Assault charge you more than the listed price for an item without your consent.  Liquid Assault reserves the right to change accepted payment methods at any time without notice.

All purchases from our Website are made pursuant to a shipping contract, which means that the risk of loss and title for such purchases pass to you upon our delivery to the carrier designated for shipment.

Liquid Assault grants you a limited license to access and make personal use of our Website, but not to download (other than page caching) or modify it, or any portion of it, without the express written consent of Liquid Assault. This license does not include any resale or commercial use of our Website or their contents; any collection and use of any product listings, descriptions, photos, or prices; any derivative use of our Website or their 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. Our Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Liquid Assault. 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 Liquid Assault or use any meta tags or any other "hidden text" using Liquid Assault’s name or trademarks, without the express written consent of Liquid Assault. Any unauthorized use terminates the permission or license granted by Liquid Assault. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website, so long as the link does not portray Liquid Assault, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Liquid Assault logo or other proprietary graphic or trademark as part of the link without the express written consent of Liquid Assault.

By using our Website, you certify that you are at least 18 years of age. If you are under the age of 18, you may use our Website only with the permission of your parent or guardian who agrees to be bound by these Terms of Use and is responsible for your actions. If you are a parent or guardian, you are responsible for the use of our Website by your child, including all purchases made by such child. Liquid Assault does not knowingly collect personal information about children under the age of 13 without prior parental consent of such collection of personal information.

You agree that you will not do any of the following in connection with your use of our Website: (a) fail to follow these Terms of Use; (b) abuse your Website privileges; (c) misrepresent personal information that is provided to Liquid Assault by you or anyone else acting on your behalf; (d) act in a manner inconsistent with or in violation of any applicable local, state, federal or other applicable U.S. or foreign law, statute, regulation, directive or ordinance; (e) do anything detrimental to the interests of Liquid Assault; (f) use, or attempt to use, any part of our Website for purposes such as, by way of example and not limitation, tampering, hacking, spoofing, using robots or scripts, or otherwise corrupting the administration, security, or proper function of any part of our Website; (g) reverse-engineer, decompile, disassemble or otherwise alter our Website or otherwise attempt to discover the source code or structural framework thereto; (h) access or attempt to access any part of our Website for which you do not have authorization; (i) do anything which would create or impose an unreasonable or disproportionately large burden or load on Liquid Assault; (j) frame or link to our Website except as permitted in writing by Liquid Assault; or (k) interfere with or disrupt our Website or servers or networks connected to our Website, or disobey any requirements, procedures, policies or regulations of our Website.

Liquid Assault reserves the right at any time and from time to time to add, change, discontinue, remove or suspend any other content displayed on our Website, including features and specifications of products and services described or depicted on our Website, temporarily or permanently, at any time, with or without notice. You agree that Liquid Assault shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Website.

Our Website may contain links or references to names, marks, products or services of third parties, or links to other website on the Internet that are owned and operated by third parties. Such references and/or links are provided solely as a convenience to you and do not in any way constitute or imply Liquid Assault’s endorsement, sponsorship or recommendation of the third party or its information, products or services. If you use these references or links, you may leave our Website and you do so entirely at your own risk. Liquid Assault is not responsible for, and does not make any representations regarding any third party's products, services, practices, policies, or website content.

Any information communicated to Liquid Assault through the use of our Website, including but not limited to notes on message boards, suggestions, ideas, e-mails, or other similar content (collectively "User Generated Content") become the property of Liquid Assault. Other than personal or financial information submitted by a user, Liquid Assault is entitled to use any User Generated Content without restriction or compensation to the person submitting the information.

Liquid Assault is not responsible for monitoring any message boards, chat rooms, customized gift messages, or on-line forums that appear on our Website, and Liquid Assault reserves the right to remove or edit, in whole or in part, any material we deem objectionable, offensive or inappropriate at any time. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, discriminatory, harassing, pornographic, profane, racially-derogatory, ethnically-derogatory or otherwise objectionable material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Liquid Assault assumes no responsibility or liability arising from User Generated Content, including any claims of defamation, error, omission, inaccuracy, obscenity, pornography, profanity or danger.

Information on our Website includes products, services and content that is available in or applicable to the United States and is in compliance with U.S. laws only. If our Website is accessed from outside the United States, the user is responsible for compliance with all applicable local laws.

Our Privacy Policy governs your visit to and use of our Website and all interactions with Liquid Assault involving personal information, and it is located at: Liquidassault.com.

Liquid Assault takes reasonable precautions to protect sensitive and personal information submitted by users of our Website. For example, in order to protect your sensitive financial information, we encrypt your financial card information using the industry standard Secure Socket Layer (SSL) technology, thereby securing the transmission of such information over the Internet between your computer and the servers we use to process your order. Liquid Assault also has satisfied its requirements under the Payment Card Industry ("PCI") security standards, which protects your credit card information by ensuring that it is processed, stored, and transmitted in a secure manner. We use your personal information to fulfill your orders and requests, and we do not retain your credit card information. We currently use a third-party processor for credit card information, so you provide you information directly to that processor, not to us.  You can find more information on security in Liquid Assault’s Privacy Policy located at: Liquid Assault.com

Liquid Assault attempts to be as accurate as possible in describing its products and services. In so doing, however, Liquid Assault does not warrant that product descriptions or other content of our Website is accurate, complete, reliable, current, or error-free. If a product or service offered by Liquid Assault is not as described, your sole remedy is to return it pursuant to the Return Policy.

Certain products or services offered by Liquid Assault may have special restrictions or conditions of use, and you can find these unique restrictions and/or conditions of use on the website page associated with each specific product or service. Any listed restrictions and/or terms of use represent those provided to Liquid Assault by the product manufacturer or distributor, or service provider, at the time Liquid Assault posts such products or services for sale. Liquid Assault provides these restrictions and conditions of use as a convenience to our customers, but Liquid Assault does not warrant that such content is accurate, complete, reliable, current, or error-free. You agree to abide by any restrictions and terms of use for your purchases, and also any other restrictions and terms of use applicable to your purchases based on your jurisdiction.

You agree, at your own expense, to indemnify, defend and hold harmless Liquid Assault and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys' fees) arising from or relating to: (a) your failure to comply with these Terms of Use, including any restrictions or prohibitions specified above or any other restrictions related to the products you have purchased; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law or regulation, including those applicable to the products or services sold by Liquid Assault.

OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIQUID ASSAULT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENTS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OUR WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIQUID ASSAULT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIQUID ASSAULT DOES NOT WARRANT THAT OUR WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM LIQUID ASSAULT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIQUID ASSAULT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN OUR WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM OUR WEBSITE.

LIQUID ASSAULT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE, MATERIALS ON OUR WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED BY LIQUID ASSAULT OR ON OUR WEBSITE. SINCE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LIQUID ASSAULT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE.

FOR WARRANTIES ON PRODUCTS, PLEASE REFER TO PRODUCT(S) PRODUCT PACKAGING, AND PRODUCT-SPECIFIC PAGES ON OUR WEBSITE.  EXCEPT AS STATED HEREIN, LIQUID ASSAULT MAKES NO IMPLIED WARRANTIES.

The contents and compilation of our Website is the property of Liquid Assaut or other respective owners that have granted Liquid Assault the right and license to use such material and protected by United States and international copyright laws. All Rights Reserved. All software used on our Website is the property of Liquid Assault or its software suppliers and protected by United States and international copyright laws.

Liquid Assault respects the intellectual property rights of others and will investigate notices of alleged copyright infringement related to our Website.  If you believe any material accessible on or from our Website infringes your copyright, you may request removal of that material (or access to it) from our Website by submitting written notification to [email protected] and we will respond to properly submitted notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA").  When a proper notice is received, Liquid Assault will respond by either removing access to the material or by taking down the allegedly infringing material. Under the DMCA, Liquid Assault is required to take reasonable steps to notify the user who posted the allegedly infringing content that Liquid Assault has taken down the material and that user is allowed under the law to send a counter-notification.  If Liquid Assault receives a proper counter-notification, Liquid Assault will restore the relevant material and notify you of such events and provide you a copy of the counter-notification.

Your written notice (the "DMCA Notice") should include the following:

1. Identify the copyrighted work(s) you believe to have been infringed.
2. Identify the material(s) the copyright owner believes to be infringing in a manner reasonably sufficient to allow us to locate that material on the Website. If multiple copyrighted works are covered by a single notice, a representative list of such works should be provided.
3. Adequate information by which we can contact the copyright owner directly: name, street address, telephone number, and email address (if available).
4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner with regard to the alleged infringement."
5. Include the following statement: "I have a good faith belief that the use of the material in the notification is not authorized by the copyright owner, its agent, or the law."
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the alleged infringed copyright.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

If you believe that your material was removed or disabled but is not infringing, or that you have proper authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the material, you may send a counter-notification to our DMCA Designated Copyright Agent.

Your written counter-notification should include the following:

1. Identify the content that has been removed or to which access has been disabled and the location of the content before it was removed or disabled.
2. Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
3. Provide your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located and that you will accept service of process from the person or an agent of such person or entity who provided the original notification of the alleged infringement.

If you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your DMCA Counter-Notification may not be effective.

All notices should be sent to our DMCA Designated Copyright Agent at either of the following addresses:

 

By Mail:

Liquid Assault, LLC.

Attn: Legal - Intellectual Property (DMCA Designated Copyright Agent)

2230 County Road 124
Pearland, Texas 77581

By Email:[email protected]

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.  The DMCA also provides substantial penalties for a false counter-notice. Those who make misrepresentations in their counter-notification statement may be liable for any damages (including costs and attorneys' fees) incurred by any copyright owner, copyright owner's authorized licensee or by Liquid Assault, if injured by relying upon such misrepresentation.

All trademarks, logos, service marks, and trade names are the property of Liquid Assault or other respective owners that have granted Liquid Assault the right and license to use such marks. Use of these marks without the written consent of Liquid Assault or the owner of the mark is expressly prohibited.

Your use of our Website shall be governed in all respects by the laws of the State of Texas without regard to choice of laws provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in Galveston County, Texas. Any cause of action you may have with respect to the Site must be commenced within one year after the cause of action arises.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, as well as any other written policies referenced herein or posted on our Website, represent the entire agreement between Liquid Assault and you relating to the subject matter herein. Liquid Assault reserves the right to make changes to our Website policies, and these Terms of Use at any time.

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Liquid Assault and you agree that Liquid Assault and you will resolve any disputes, claims or controversies ("Claims") on an individual basis, and that any Claims brought under these Terms of Use in connection with our Website

or any Liquid Assault product will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Liquid Assault and you further agree that Liquid Assault and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with our Website.

As set forth above, Liquid Assault and you agree that all Claims must be litigated in the state or federal courts located in Galveston County, Texas.

The terms of this provision will also apply to any Claim asserted by you against any parent or affiliated company of Liquid Assault to the extent that any such Claims arise out of your access to, and/or use of our Website, and/or the provision of content, services, and/or technology on or through our Website.

You and Liquid Assault agree that any Claim arising out of your use of any Liquid Assault’s Website or application or claim regarding any Liquid Assault product will be asserted within one (1) year after the Claim arises, or such Claim will be barred.

Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.