Terms of Use

Effective date: January 25, 2019

These Terms of Use apply to the Hydra-Ponics.com website and related sites (referred to individually as "Site"). This Site is owned and operated by Flow-Rite Controls, Ltd. and its affiliates and subsidiaries (collectively, "Hydra Unlimited™", "we" or "us"). 

You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Hydra Unlimited. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your use of this Site is also governed by our Privacy Policy. 

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

AMENDMENTS TO TERMS OF USE

Hydra Unlimited reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other terms, conditions and rules relating to the Site, at any time in its sole discretion. Hydra Unlimited shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

PASSWORD AND SITE ACCESS

You are solely responsible for the security of online access to this Site, including access to any user account (“Account”), and you must take precautions to protect the confidentiality of your password and other login information. You should not share your password or login information with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.

You should contact Hydra Unlimited immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your Account at the end of each session. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or login information, and for any charges or fees incurred by the use of that password and/or login information, including any use you may subsequently contend was not authorized by you. Hydra Unlimited may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.

THIRD PARTY SERVICE PROVIDERS

Hydra Unlimited may use third party service providers to help develop and maintain this Site, to provide specific services offered through this Site, and to help service your Account. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by Hydra Unlimited. All references to Hydra Unlimited are deemed to include its agents and service providers.

SITE MATERIALS, SERVICES AND SOFTWARE

Through this Site, Hydra Unlimited may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").

Hydra Unlimited and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, "Software") solely for your own informational, financial and non-commercial use. In these Terms of Use, all references to the "Site" shall be deemed to include all "Software," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by Hydra Unlimited to you are retained by Hydra Unlimited and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Hydra Unlimited, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sub-license, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; or (j) use any meta tags or any other "hidden text" utilizing Hydra Unlimited's name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Hydra Unlimited by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Hydra Unlimited.

Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hydra Unlimited. All other trademarks not owned by Hydra Unlimited 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 Hydra Unlimited.

Hydra Unlimited and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

PRODUCT INFORMATION AND PRICING

Unless otherwise specified, all prices are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If Hydra Unlimited discovers an error in either pricing or availability it will seek to correct it. Hydra Unlimited reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

ONLINE ORDERS

Payment and Delivery: By ordering an item on the Site, you are agreeing to purchase the products selected. Your payment for the products ordered is due at the time you submit your order. When you submit your order, Hydra Unlimited will immediately charge your credit card for the products. Any delivery dates for products are estimates only and are not guaranteed or binding on Hydra Unlimited.

Changes and Cancellations: If you need to change or cancel an order you have placed on the Site you must contact us at 616-277-5138. Once an order is processed, it may not be changed or cancelled. 

ReturnsUnused products may be returned to us at your expense within thirty (30) days of purchase, and we will refund you in the original form and amount of payment for the returned products. Original shipping and handling fees are not refundable.

Limited Warranty.  The warranty terms and conditions for all online products sold by Hydra Unlimited are available here.   No representation or warranty, expressed or implied, made by any agent or representative of Hydra Unlimited, which is not specifically set forth in the warranty terms and conditions shall be binding on Hydra Unlimited. 

FEEDBACK

In the event that you provide Hydra Unlimited with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”), Hydra Unlimited, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Site, without obligation to you.  Hydra Unlimited will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Hydra Unlimited resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site.  You shall not knowingly include any third-party intellectual property or content in Feedback.

PROHIBITED BEHAVIORS

Your ability to use this Site depends on your compliance with community standards and the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.

The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:

  1. Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
  2. The unauthorized access, monitoring, collection, or use of data, systems or networks.
  3. Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
  4. Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.

PRIVACY

We have a policy that addresses privacy. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. Keep in mind, however, that the information you make available as part of your public profile, and the information that you voluntarily post on this Site, are public and are not protected under our Privacy Policy.

We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. You acknowledge that by providing you with the ability to post information on this Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Site.

THIRD PARTY INFORMATION

Please be aware that when you are on the Site, you could be directed to other sites that are beyond Hydra Unlimited 's control. Hydra Unlimited is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Hydra Unlimited reserves the right to terminate any link or linking program at any time. Hydra Unlimited provides such links only as a convenience to you. Hydra Unlimited has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Hydra Unlimited may provide you information from third parties as part of this Site. Unless expressly stated, Hydra Unlimited does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that Hydra Unlimited is not responsible for third party information accessible through this Site, including opinions, advice, statements, recipes or other health and wellness information and advertisements, and that you use such information at your own risk.

TERRITORY

Hydra Unlimited operates this Site from its office within the United States. Hydra Unlimited makes no representation that content and materials on this Site and the products sold on this site are legal or appropriate for use outside the United States. Please keep in mind that this Site and the products sold herein may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site or products in violation of United States export laws and regulations.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE, INCLUDING ALL PRODUCTS, MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY HYDRA-PONICS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE HYDRA-PONICS, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND HYDRA-PONICS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. HYDRA-PONICS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ALTHOUGH HYDRA-PONICS MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. HYDRA-PONICS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL HYDRA-PONICS, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.

HYDRA-PONICS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF HYDRA-PONICS'S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

INDEMNITY

You agree to indemnify, defend and hold harmless Hydra Unlimited and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

TERMINATION

Hydra Unlimited may terminate your access to this Site at any time and for any reason without prior notification. Additionally, Hydra Unlimited may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and files. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your Account or access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

APPLICABLE LAW, SEVERABILITY AND WAIVER

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Hydra Unlimited’s rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Hydra Unlimited related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan, Southern Division.  You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of Hydra Unlimited to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hydra Unlimited in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.

MISCELLANEOUS

  • Our policies are entire and exclusive. No verbal statements or representations are binding on Hydra Unlimited.
  • You may not change – such as by amendment or modification – any of our policies at all without our prior written consent.
  • All references to "us," "we," "our," and this "Site" relate to Flow-Rite Controls, Ltd., its affiliates, parents, subsidiaries, directors, successors, officers, assigns, employees, contractors and agents.
  • We may assign our rights, duties and obligations under these Terms of Use at any time and without any notice to you.

CONTACTING US

If you have questions about these terms of use or our products generally, please contact us at any time by email at info@hydraunlimited.com, by phone at 616-277-5138, or write to us at: Hydra Unlimited, 960 74th St SW, Byron Center, MI 49315, Attention: Customer Service.

Updated: 1/25/2019