BY USING THIS SITE OR PURCHASING ANY OF THE SERVICES OFFERED THROUGH IT, YOU AGREE TO THESE CONDITIONS OF USE, AS THEY MAY BE REVISED.  

Ver. 2.1

INTRODUCTION

These Conditions of Use are between you (the "User") ("AquaMD"). AquaMD is the brand under which the American Water Trust, LLC, Headquartered in West Haven, Connecticut provides drinking water testing, treatment and information services (the "Services") on both an on-line and an off-line basis. AquaMD® also is a service mark used by the American Water Trust, LLC in identifying the American Water Trust, LLC as the source of the Services.

The Conditions of Use, as well as any changes to them and additional conditions or terms that may be published by AquaMD from time to time, contain the entire agreement between you and AquaMD with respect to the Services offered by or through this web site. By using this site, you acknowledge that you have read, understood and agree to be bound by the Conditions of Use and any changes to them and any additional conditions or terms that may be published by AquaMD from time to time. If you to not agree to the Conditions of Use, do not use this site.

CERTAIN OBLIGATIONS OF USER

In order to use AquaMD's site and the Services offered through it, you will be requested to provide certain information. You represent and warrant that all information provided by you will be accurate and current. You acknowledge that inaccurate information provided by you may lead to inaccurate information or Services provided by AquaMD. If you do not provide certain information requested by AquaMD, it may not be possible to provide you with AquaMD Services.

CERTAIN RESTRICTIONS ON USER

As a User of the site or AquaMD Services, you agree not to attempt to access the accounts of others, or attempt to penetrate security measures of AquaMD or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.

You also agree that you are using the site and the Services only for your personal benefit or for the benefit of someone who has specifically authorized you to act on his or her behalf. In the latter event, you nevertheless will retain full liability and responsibility to AquaMD under this agreement for use of the Services.

You agree not to resell the Services without the prior written consent of AquaMD. You agree that you will not use the site to disparage, slander or harm AquaMD or anyone else in any way.

ACCURACY OF INFORMATION, RECOMMENDATIONS AND DATABASES

AquaMD attempts to be as accurate as possible in building the databases available on this site and in providing recommendations and information through the site and other forms of correspondence. However, AquaMD cannot and does not warrant that all data contained on this site or its recommendations to you are accurate, complete, current or error-free. Inaccuracies may be due to errors in the information provided by others to AquaMD or may be due to errors by AquaMD in assembling, reproducing or interpreting that information, etc.

If any information contained on AquaMD's site or otherwise provided to you by AquaMD is inaccurate due to the negligence of AquaMD, your only remedy is a refund of any fees that you have paid to AquaMD.

AQUAMD'S WATER DIAGNOSTIC SERVICES

Among AquaMD Services are evaluations of tap/public drinking water supplies (our "tap/public drinking water check-up/diagnostic service") and of well water (our "well water check-up/diagnostic service"). These Services compare information provided by Users concerning their water supplies and their health against information contained in databases assembled by AquaMD and in the case of our “tap/public drinking water check-up/diagnostic service”, lab results that are provided by water companies.

Tap/public drinking water check-up/diagnostic service: AquaMD evaluates tap/public drinking water looking for contaminants that are thought to cause health problems. AquaMD will bring any contaminants they find to your attention and let you know what health problems they are thought to cause. We make no claims that these contaminants are causing your health problems or may cause you health problems in the future, but only that studies have linked them to health problems we point out.

Our service may not locate all contaminants in your water. You acknowledge that the only way to be absolutely certain about what is in your drinking water is to have your water tested for every potential contaminant by a laboratory.

Well water check-up/diagnostic service: The well water check-up makes assumptions about contaminants that could potentially be found in a User's well water as a result of taste, appearance, other aesthetic indications and household or environmental hazards, etc., that would contaminate drinking water. Well water check-ups also consider the presence of various companies or organizations in your area that deal with materials that could contaminate ground water if they were released into the environment. AquaMD does not imply that any specific company has released a contaminant into the environment or that it is contaminating your drinking water. You acknowledge that the only way to be absolutely certain about what is in your drinking water is to have your water tested for every potential contaminant by a laboratory. However, you understand that AquaMD does not recommend testing for every potential contaminant and it itself is not able to test for every potential contaminant that could possibly be in your water supply.

WATER FILTERS

If we recommend water filters to you, we may collect payments from companies that make or sell the water filters we recommended. We use these fees to support our efforts in identifying water filters that we believe are effective in removing specific contaminants. We use these fees to support our efforts of informing individuals about water quality issues. We may also use these fees to support other endeavors. You do not need to use the water filters that we specify, but can instead purchase filters that you yourself have researched. We do not warranty any of the water filters we recommend in any way, nor are we in any way responsible for the manner in which these filters perform, even if that means they are ineffective in removing specific contaminants.

PAYMENTS BY USER

When you order services or products from AquaMD, you agree to pay AquaMD, upon submission of your order, the then-current fees set forth on AquaMD's price schedule for such Services.

In the event of a bounced check, a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with the services or products, you acknowledge and agree that the services or products do not have to be provided by AquaMD. In addition, you will be responsible for any bank charges or fees incurred by AquaMD due to your failure to make payments when due.

REFUNDS

To request a refund of your Water Diagnostic Service purchase price, simply contact us before we email you with your report. After we email your report, there are no refunds, even if you claim you did not receive your report. In those cases we are simply responsible to resend you your report.

 

You can contact AquaMD by emailing us at service@aquamd.com, or calling our toll free number at 1-866-278-2634. A full refund will be provided within 30 days of your request.

PRIVACY POLICY AND USE OF INFORMATION BY AQUAMD

AquaMD does NOT sell your e-mail address or personal information.

AquaMD uses any information you provide us to present you with the services you have requested.
We may also use this information to simply inform you about a new feature, product or service, or changes to our services.

If you do not wish to receive e-mail communication from us, simply send an e-mail to unsubscribe@aquaMD.com and we will remove your e-mail address from our mailing list.

AquaMD may use, publish or provide to third parties some or all of the information it receives or generates concerning Users. You waive any and all claims and causes of action against AquaMD or others that you might otherwise have arising from such disclosure or use of information.

OUTAGES AND SYSTEM PERFORMANCE DEGRADATION

AquaMD's web site is subject to scheduled and unscheduled outages, which will impact your ability to use our Services. Although AquaMD will use commercially reasonable efforts to restore Service after any outages, you agree that AquaMD will not be liable to you for any unscheduled outages.

AquaMD depends upon computer systems in order to provide you with information and results. Occasionally, AquaMD's computer systems are subjected to exceptional volumes of Users that may result in significant degradation of AquaMD's system processing and response time.

In any instance when there is system performance degradation, AquaMD reserves the right, in its sole discretion, to filter or block specific Users. AquaMD will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system.

VIRUSES

It is possible that viruses may infect your computer equipment on account of your access to or use of the site or your downloading of any materials, data, text or other information from the site. You agree that AquaMD shall have no liability to you for any damages that you may incur due to any virus.

DELETION OF USER INFORMATION

AquaMD may remove or delete any User records at any time after 60 days from the time they were first created.

REPRESENTATIONS, WARRANTIES AND GUARANTEES

THE SERVICES PROVIDED TO YOU ARE "AS IS AND WITH ALL FAULTS". AQUAMD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

AquaMD does not provide medical advices. We provide water analysis, water information and water treatment information. We urge you to speak to your doctor or health practitioner about any contaminants found in your water.

LIMITATION OF LIABILITY

YOU AGREE THAT AQUAMD WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE, (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (d) EVENTS BEYOND AQUAMD'S REASONABLE CONTROL. AQUAMD ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AQUAMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AQUAMD'S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF (x) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES OR (y) FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, AQUAMD'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION OF AQUAMD

You agree to defend, indemnify and hold harmless AquaMD and its affiliates and their respective directors, officers, employees and agents ("Indemnified Parties") for any loss, damages or costs, including reasonable attorneys' fees, incurred by any or all of the Indemnified Parties due to claims by you or third parties that arise directly or indirectly from your use of the site or AquaMD's Services.

SUSPENSION OR CANCELLATION OF SERVICE

You acknowledge and agree that AquaMD may suspend or cancel your use of the Services at any time, for any reason, in AquaMD's sole discretion.

CHANGES TO THIS AGREEMENT OR TO ADDITIONAL RULES OR POLICIES

AquaMD may modify these Conditions of Use and any other parts of the agreement that are or may be published by AquaMD. Any changes, modifications, additions or deletions shall be effective immediately upon publishing them on the site or otherwise providing you with notice of them. Your continued use of AquaMD's site or Services shall constitute your acceptance of the modifications to the Conditions of Use as well as any additional rules or policies that are or may be published by AquaMD. If you do not agree to any of such changes, you agree to no longer use AquaMD Services. You acknowledge and agree that your option to terminate your use of AquaMD Services will be your exclusive remedy if you do not wish to abide by any changes to the Conditions of Use or any additional rules or policies that are or may be published by AquaMD.

GOVERNING LAW

Except as otherwise set forth in this agreement, the rights and obligations of you and AquaMD under this agreement shall be governed by the laws of the United States of America and the State of Connecticut, as if the agreement was a contract wholly entered into and wholly performed within the State of Connecticut. Any action to enforce this agreement or any matter relating to your use of the AquaMD's site shall be brought exclusively in the courts of the State of Connecticut or of the United States within the State of Connecticut, and you hereby consent to the personal jurisdiction of those courts.

NOTICES

You agree that, unless other instructions are posted on the AquaMD web site, any notices required to be given under this agreement, including the Conditions of Use, will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by a nationally recognized overnight delivery service in accordance with the most current contact information that has been provided by the party to which the notice is being given. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

Notices to AquaMD should be sent to the following address:

1. AquaMD, 499 Derby Ave, West Haven, 06516-1006
2. service@AquaMD.com

ENTIRE AGREEMENT

This agreement as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and AquaMD concerning your use of the web site and of the Services, and supersede and govern all prior proposals, agreements, or other communications. The agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of AquaMD.

 

Revised 6/1/2007