Terms of Service

Acceptance of These Terms

By accessing or using the AquaNest website, you confirm that you have read, understood, and agreed to these Terms of Service and any policies referenced within them.

If you do not agree, you must not use the website or place an order. Additional terms may apply to specific promotions, products, services, or website features.

Eligibility

You must be legally capable of entering into a binding agreement in your jurisdiction. If you are under the age of legal majority, a parent or legal guardian must review and approve your use of the website and any purchase.

You may not use AquaNest for unlawful, fraudulent, abusive, misleading, or unauthorized activity.

Customer Information

You agree to provide complete, current, and accurate billing, shipping, payment, contact, and account information.

You are responsible for reviewing your information before submitting an order and for updating it when necessary. AquaNest is not responsible for delays or losses caused by incorrect information supplied by the customer.

Account Security

You are responsible for maintaining the confidentiality of any account credentials and for activity conducted through your account.

Notify AquaNest promptly if you believe an account, password, payment method, or customer profile has been accessed or used without authorization.

Intellectual Property

The AquaNest name, website design, written content, graphics, logos, visual elements, product presentation, photographs, videos, and other original materials are owned by or licensed to AquaNest and are protected by applicable intellectual property laws.

You may use the website for personal, non-commercial shopping purposes only. You may not copy, reproduce, distribute, modify, publish, sell, scrape, or commercially exploit protected content without written authorization.

Prohibited Conduct

You may not use the website to:

• Commit fraud or provide false, misleading, or unauthorized information.
• Interfere with website operation, security, accounts, checkout, or payment systems.
• Upload malicious code, automated scripts, viruses, or disruptive technology.
• Harvest customer data or access restricted systems without permission.
• Infringe intellectual property, privacy, publicity, or other legal rights.

Customer Submissions

When you voluntarily submit a review, photograph, message, suggestion, or other content, you confirm that you have the right to provide it and that it is accurate, lawful, and non-infringing.

You grant AquaNest a non-exclusive right to use submitted content for customer service, product review, website operation, quality improvement, and promotional purposes, subject to applicable privacy requirements.

Third-Party Services

Payment processors, shipping carriers, technology providers, analytics services, and other third parties may support website operation and order fulfillment.

Their services may be governed by separate terms and privacy practices. AquaNest is not responsible for third-party systems or conduct outside its reasonable control.

Website Availability

AquaNest may update, suspend, restrict, replace, or discontinue website functions, content, products, promotions, or services at any time.

Website access may occasionally be interrupted by maintenance, technical issues, network conditions, security events, or third-party service disruptions.

Disclaimer of Warranties

To the maximum extent permitted by law, the website and its content are provided on an “as available” basis. AquaNest does not guarantee uninterrupted access, error-free operation, or that every product will be suitable for every user, activity, body type, environment, vehicle, watercraft, or intended purpose.

Any manufacturer warranty supplied with a product remains subject to the manufacturer's terms.

Limitation of Liability

To the maximum extent permitted by applicable law, AquaNest will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses arising from website use, product misuse, delayed delivery, lost opportunities, data loss, or events outside reasonable control.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limits mandatory consumer rights.

Indemnification

To the extent permitted by law, you agree to be responsible for claims, losses, or expenses resulting from your unlawful use of the website, violation of these Terms, infringement of another person's rights, or intentional misuse of a product.

Events Outside Our Control

AquaNest is not responsible for delay or failure caused by severe weather, natural disasters, transportation interruptions, labor disputes, public emergencies, government actions, carrier disruptions, cyber incidents, utility failures, or other events beyond reasonable control.

Governing Law

These Terms are governed by the laws of the State of Kansas and applicable United States federal law, without regard to conflict-of-law principles, except where mandatory consumer law requires another governing standard.

Any court proceeding that may lawfully be required in Kansas will be brought in a court with appropriate jurisdiction, subject to any rights you have under applicable consumer law.

Changes to These Terms

AquaNest may revise these Terms to reflect changes in products, operations, technology, business practices, legal requirements, or customer services.

The updated version becomes effective when posted with a revised effective date. Continued website use after an update constitutes acceptance of the revised Terms where permitted by law.

Severability and Entire Agreement

If any provision is found invalid or unenforceable, the remaining provisions will continue in effect. AquaNest's failure to enforce a provision does not waive the right to enforce it later.

These Terms and the policies referenced on the website form the complete agreement relating to your use of AquaNest and supersede prior communications concerning the same subject.