Revision Date: November 1, 2020

Thank you for shopping at Calmar Consulting Corporation’s website for AquaNotes®.  We have prepared the information below in an effort to make your visits to our website enjoyable. Please note that your use of our website constitutes your agreement to follow and be bound by these Terms. Calmar Consulting Corporation reserves the right to update or modify these Terms at any time without prior notice, and for this reason, we encourage you to review these Terms whenever you visit our website. If you have any questions regarding any of our policies, please contact us at 616.844.7550.

LEGAL INFORMATION

This website is expressly owned and operated by Calmar Consulting Corporation. The address for Calmar Consulting Corporation is 520 Woodlawn Ave, Grand Haven, MI, 49417. Unless otherwise noted, all content featured on this website is protected intellectual property that is owned, controlled, or licensed by Calmar Consulting Corporation and protected by copyright, trademark, trade dress, and/or patent. All worldwide rights, titles and interests are reserved, and in no event through your use of this website shall any such right, title or interest transfer to you.

Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Calmar Consulting Corporation. You do not have the right to reproduce, publish, display, modify, sell, or distribute any of the content on this website.

LIMITATION OF LIABILITY

Calmar Consulting Corporation does not warrant that the function or operation of this website will continue uninterrupted, that defects will be corrected, or that this website or the server that makes it available will be free of errors or viruses. As a user of this website, you assume full responsibility for any costs associated with the use of our website, and you agree that your access of this website is undertaken at your own risk. Calmar Consulting Corporation shall not be liable for damages of any kind related to your use of or inability to access or use this website.

INACCURACIES

We try to present recent, accurate and reliable information on our website at all times. However, there may be occasions when some of the information featured on this website may contain errors, including inaccuracies or incomplete data. Any errors are unintentional, and we apologize if erroneous information in any way affects your order. However, please be aware that we present our content ‘as is’ and make no warranty as to its accuracy, neither expressed nor implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Calmar Consulting Corporation product is listed at an incorrect price due to any error, Calmar Consulting Corporation shall have the right to cancel any orders placed for such incorrectly priced product. Calmar Consulting Corporation shall have the right to cancel any such orders regardless of whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase, and your order is cancelled, Calmar Consulting Corporation will issue a credit to your credit card account in the amount of the incorrectly charged price.

AVAILABILITY

Many of our items are selected in limited quantities or are seasonal, and therefore, the stock cannot be replenished. This means that once all stock of an item is sold, the item may not appear on this website again. When an item featured on Calmar Consulting Corporation is no longer in stock, we take reasonable steps to remove that item from this website in a timely manner or post the availability Status of the item on the item detail page. Should you have any questions concerning the availability of a particular item, please contact us at 616.844.7550 Monday-Thursday 10:00 am – 4:00 pm EST. Closed Saturday – Sunday.

PRODUCT INFORMATION AND PRICING

Calmar Consulting Corporation endeavors to keep product descriptions, sizes, pictures and prices up to date and accurate as possible. But Calmar Consulting Corporation makes no claims to the accuracy of this information. And reserves the right to change or update this information without notice or guarantee of accuracy.  All pricing is listed in US Dollars.

PRODUCT COLOR, TEXTURE AND DETAIL

We try to display the colors, textures and details of our products that appear on this website as accurately as possible. However, as the actual colors, texture and details you see will depend on your monitor or personal device, we cannot guarantee that such display of any color, texture or detail will be accurate.

WEBSITE TRANSACTIONS

We reserve the right to refuse, limit or cancel any order placed with us. These restrictions may include orders placed by or under the same customer account or the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear questionable, in our sole judgment. If we refuse, limit or cancel an order, we will attempt to notify you through the e-mail, billing address or telephone number you provided when the order was placed.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Calmar Consulting Corporation, its officers, directors, employees, agents, licensors, successors, and assigns from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this website using your Internet account.

CORRESPONDENCE

Although we will take reasonable steps to respond quickly to applicable messages, Calmar Consulting Corporation is under no obligation to respond to all pieces of correspondence received through Calmar Consulting Corporation, or to maintain your submitted messages in confidence or to pay compensation of any kind for your comments or submissions. While we welcome your comments regarding Calmar Consulting Corporation, do not send Calmar Consulting Corporation any confidential or proprietary ideas, suggestions, materials, or information via any method of communication. Please note that all of your comments, feedback, ideas, suggestions, and other submissions (“Comments”) that are disclosed or submitted to Calmar Consulting Corporation shall become and remain the property of Calmar Consulting Corporation. You agree that your Comments shall not violate any third party including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website. Any such disclosure by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding such submission. Unless required by law, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments without first obtaining your permission. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Calmar Consulting Corporation or third parties as to the origins of any Comments. You are solely responsible for any Comments you make and their accuracy. Calmar Consulting Corporation takes no responsibility and assumes no liability for any comments posted by you or any third party.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to Calmar Consulting Corporation that you shall not use this website for any purpose that is unlawful or prohibited by this website’s Terms.

PASSWORD AND ACCOUNT SECURITY

You understand and agree that you are responsible for maintaining the confidentiality of any passwords associated with your account that you create through this website. Accordingly, you understand and agree that you are responsible for purchases made under your account. If you become aware of any unauthorized use of your account, you agree to notify Calmar Consulting Corporation immediately.

OTHER WEBSITES

This website contains links to other websites that are not under the control of Calmar Consulting Corporation. Calmar Consulting Corporation has no responsibility for and does not endorse linked websites. Links are provided solely for the convenience and information of this website’s users.

PERSONAL INFORMATION

Your submission of personal information through this website is governed by this website’s Privacy & Security Policy. These Terms incorporate by reference the terms and conditions of this website’s Privacy Policy. 

DISCLAIMER

This website and all content on this website are provided on an “as is” basis without warranties of any kind, neither express nor implied, including without limitation, warranties of title, implied warranties of merchantability, implied warranties of fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise any content on this website, although we may modify content at any time without prior notice. We shall not be liable for damages of any kind related to or arising out of your use of this website.

CHOICE OF LAW AND FORUM

Any claim or action initiated by you related to or arising out of your use of this website or these Terms shall be resolved by arbitration. If any claim or action initiated by you related to or arising out of your use of this website or these Terms. You shall notify Calmar Consulting Corporation in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location in the State of Michigan to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after 90 days from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

These Terms shall be construed in accordance with the laws of the State of Michigan, without regard to any conflict of laws provision.

WAIVER

Waiver of any of these Terms shall not be deemed a waiver of any other of these Terms, and if any Term is deemed unenforceable or invalid for any reason, that provision shall be severable from remaining provisions, which shall remain in full force and effect. These Terms constitute the entire agreement between you and Calmar Consulting Corporation regarding your use of this website.