Terms & Conditions


General

The following terms of use (the “Terms”) govern the www.astelwater.com website (the “Site”). You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside and, if applicable, the State from which you are accessing the Site. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE SITE.

Astel which operates the U.S. facing Astel LLC website, reserves the right to revise these Terms. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically.

 

Site Content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Astel or its affiliated entities. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned or licensed by Astel or its affiliated entities. All other Astel brand trademarks appearing on this Site are trademarks of Astel.

The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Product Information

Astel products (“Products”) displayed on the Site are available in select stores in the United States (and may be available in select markets outside the United States) while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site.

Product Descriptions

Astel strives to provide accurate descriptions of the Products displayed on the Site. Astel does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. If a Product offered on the Site is not as described, your sole remedy is to return the Product for a refund of the purchase price plus tax and related delivery costs.

Return Policy

For Products purchased through the Site that are not as described on the Site, you may return to Astel such Products that are in their original unused condition, in their original packaging and with all user manuals, registration cards and other packing materials, within 30 days from delivery for a full refund.

Colors

We have made every effort to display the colors of the Products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

Privacy Policy

You agree that Astel may use and/or disclose information consistent with our Privacy Policy which is incorporated herein by reference.

Indemnification

You agree to defend, indemnify and hold Astel, and its officers, directors, employees and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Links to Other Web Sites

To the extent that this Site contains links to websites, services and resources not within Astel’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that Astel shall not be liable to you for your use of any Third-Party Sources.

Disclaimer

IN NO EVENT SHALL ASTEL OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ASTEL HAS 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, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ASTEL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED ENTITIES, SUPPLIERS AND RETAILERS TO YOU FOR ANY DIRECT DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE, OR INABILITY TO USE, THE SITE, AND ANY CONTENT THEREON SHALL NOT EXCEED $5 IN THE AGGREGATE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Miscellaneous

Unless otherwise specified and except to the extent Products are offered for sale in the United States and internationally through this Site, this Site and its Contents are displayed solely for the purpose of promoting Products available in the United States and select markets outside the United States. This Site is controlled and operated by Astel from its offices in Broward County, Florida.

Choice of Law, Venue and Dispute Resolution

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement, including disputes relating to Products whether or not purchased through the Site, shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida, county of Broward County, solely between you and Astel, and not on any representative or class basis. Further, unless you and Astel agree otherwise, the court shall not consolidate your claim with any other person’s claim, and shall not otherwise order or permit any form of a representative or class proceeding. This provision shall survive termination of this Agreement.

You agree that you shall commence any action for any claim(s) arising out of or related to the Site (or to products purchased through the Site) within one (1) year after such claim(s) accrued, otherwise, such claim(s) shall be permanently barred.

Trademarks

Please note that any product, process or technology described in the materials on this Site and all logos and other proprietary identifiers used by Astel in connection with the Sites (collectively, the “Trademarks”) are the subject of other intellectual property rights reserved by us and are not licensed hereunder. All product names, whether or not appearing in large print or with the trademark symbol are trademarks or registered trademarks of Astel, in the United States and other countries. Astel Trademarks and trade dress may not be used without the prior written permission of Astel. This prohibition on use of the Trademarks extends to their use in trade names or Internet names, including domain names and social network identifiers.

All other trademarks not owned by Astel that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Astel.

No right, license, or interest to Astel Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Astel Trademarks and therefore you will avoid using any of those Trademarks.

You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in these terms of use.

Any rights not expressly granted herein are reserved.

Notices for Reporting and Making Claims of Copyright Infringement and Other Concerns

Astel will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). Written notification of claimed copyright infringement must be submitted in accordance with the requirements of the DMCA with a copy to Astel at info@astelwater.com

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. 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. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Termination

This Agreement is effective unless and until terminated by either you or Astel. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. Astel may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.

Entire Agreement

These Terms constitute the entire agreement of between you and Astel regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.

Severability

If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

Pricing Policy

Astel strives to provide accurate prices of the Products displayed on the Site. Astel does not, however, warrant that they are accurate, complete, reliable, current or error-free. If a price offered on the Site is not as described, your sole remedy is to return the Product for a refund of the purchase price plus tax and related delivery costs.

Our merchandise is offered for sale by Astel for your professional use and not for resale. Therefore, we reserve the right to limit quantities and refuse to sell to any person whom we believe may be purchasing for resale unless otherwise given written permission by Astel for resale.