ATTENTION: PLEASE READ THIS TERMS OF USE AGREEMENT ("Terms") CAREFULLY BEFORE USING THIS AQUA-PHYD, INC. ("Aqua-PhyD") WEBSITE.  BY USING THIS WEBSITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.  Aqua-PhyD reserves the right to modify from time to time any content set forth on this website, including the provisions of these Terms, without notice. Your continued use of this website will mean you accept these changes.  Aqua-PhyD reserves the right to modify, suspend, terminate, or restrict your use of any portion of this website at any time, without notice.

Introduction
This website has been developed by Aqua-PhyD to provide you with information about Aqua-PhyD's products and services.  This website may from time to time provide new information or data, but otherwise it is an archive of materials for your use.  Like any printed material, the information and data on this website may become out of date over time.

Limitations on Use of Intellectual Property
Aqua-PhyD will aggressively enforce its intellectual property rights to the fullest extent of the law.

Copyright
Aqua-PhyD either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content (collectively, the "Content") that is made available to you on this website, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this website.  Except as provided in these Terms, Aqua-PhyD prohibits the copying, redistribution, modification or public display of any Content on this website without its express written permission.

Aqua-PhyD hereby authorizes you to display on your computer, download and print pages of this website, subject to the following provisions: (i) the copyright and other proprietary notices appear on all such printouts; (ii) the information will not be altered in any manner; (iii) you do not use the Content in a manner that suggests an association with Aqua-PhyD or any of Aqua-PhyD's products, services or brands; (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this website and (v) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.  Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of Aqua-PhyD or any third party.

Trademark
The trademarks, logos, and service marks identified by ®, ™ or SM symbols, or that appear in type form different from that of the surrounding text, are owned or licensed by Aqua-PhyD.  Aqua-PhyD claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on this website.  Such third-party trademarks are used only to identify their respective owners, and no sponsorship or endorsement on the part of Aqua-PhyD should be inferred from the use of these marks.

User Information and Postings
You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any applicable law.  By placing material on or communicating with this website, you hereby grant to Aqua-PhyD the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future.  You also agree to indemnify, defend and hold Aqua-PhyD harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials.  You further grant Aqua-PhyD the right to use your name in connection with the reproduction or distribution of such material.

Prohibited Activities and Content
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy web pages of this website or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of this website; and (c) take any action that imposes an unreasonable or disproportionately large load on Aqua-PhyD's hardware and software infrastructure. 

Aqua-PhyD does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print Media.  Aqua-PhyD shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to this website.

External Links
Aqua-PhyD may provide links to third party websites, and some of the content appearing to be on an Aqua-PhyD website may, in fact, be supplied by third parties.  Aqua-PhyD assumes no liability for any damages you may suffer from visiting such linked websites (or, as noted in “Limitation of Liability” below, from visiting this website), including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code that may be downloaded from such linked websites.  Any links contained on this website shall not be construed as an endorsement by Aqua-PhyD of any such linked website.  Aqua-PhyD has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit an inaccurate, indecent or illegal website that is linked to this website, please contact info@aqua-phyd.com and we will determine if the link should be removed from this website.  You may not provide a link to this website without our express written permission.  If you would like to provide a link to this website, please contact chuck@aqua-phyd.com.

Disclaimer
THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Although Aqua-PhyD uses reasonable efforts to maintain the accuracy and currency of the Content of this website, Aqua-PhyD makes no warranties or representations as to its accuracy or currency. This website may contain typographical errors and technical inaccuracies. Aqua-PhyD assumes no liability or responsibility for any errors or omissions in the Content of this website.

Although Aqua-PhyD uses reasonable efforts to ensure that all software provided at this website is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. Aqua-PhyD may update and/or modify the information contained on this website at any time and without notice.

Limitation of Liability
This website may contain forward-looking statements that reflect Aqua-PhyD's current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties.  Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current programs, ongoing commercialization of products, regulatory approvals of products, validity and enforcement of patents, the stability of its commercial relationships, and the general economic conditions.

IN NO EVENT WILL AQUA-PHYD, ITS AFFILIATES, AGENTS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM (i) COMPUTER VIRUSES, TROJAN HORSES OR OTHER DESTRUPTIVE CODE WHICH MAY BE DOWNLOADED FROM THIS WEBSITE OR ANY LINKED WEBSITES, AND (ii) LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER OR NOT BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY.  IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.  BY USING THIS WEBSITE, YOU HEREBY RELEASE AQUA-PHYD, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS FROM ANY AND ALL CLAIMS, DAMAGES OR LOSSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE.

General
If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed Content.  You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of this website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.  If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.  These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States of America applicable therein without reference to the principles of conflicts of laws thereof.  Any dispute arising from these Terms and/or your use of this website shall be resolved exclusively by the state or federal courts located in Irvine, California.  By using this website, you agree to be bound by these Terms and consent to the collection, use and storage of your information by Aqua-PhyD in the manner described in our Privacy Policy.  Aqua-PhyD reserves the right to make changes to these Terms and our Privacy Policy from time to time.  When using this website, you should review the current Terms to determine if they have been amended since your last visit.
Last updated on: September 22, 2009