Introduction
Welcome to the H2o Xpress® website, home of the best rods, baits, crankbaits, reels, and tackle bags for anglers! We’re excited to have you here and want your experience with our products and website to be excellent.
To ensure we’re all on the same page, we ask that you please read these Terms and Conditions carefully before using our website or purchasing our products. This is a legally binding contract between you and H2o Xpress® regarding your use of our website and purchase of our products.
By accessing or using this website and/or purchasing our products, you agree to be bound by these Terms. If you do not agree to all of these Terms, please do not use this website or purchase our products. We may update these Terms at any time without notice, so please check back periodically for updates.
Use of Website
You may use our website for lawful purposes only. You agree not to use our website:
- In any way that violates any applicable laws or regulations.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our website.
You may not use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You may not conduct any systematic or automated data collection activities on or in relation to our website without our express written consent. This includes scraping, data mining, data extraction, and data harvesting.
We reserve the right to suspend or restrict access to our website if we reasonably believe you are in breach of these Terms or are otherwise using our website unlawfully. We will use reasonable efforts to notify you in advance of any suspension or restriction.
Purchasing Products
You must be at least 18 years of age to purchase products on our website. By placing an order, you represent and warrant that you are at least 18 years old.
All prices are in U.S. dollars and must be paid in full at the time of ordering. We may change prices at any time without notice.
Shipping costs will be calculated and displayed at checkout. These costs may change depending on your shipping address and method. You agree to pay all shipping costs disclosed to you.
Taxes may apply to your order. You are responsible for paying any applicable taxes.
Promotional offers cannot be combined unless expressly stated otherwise. Only one promo code may be used per order.
After placing an order, you will receive an order confirmation email. This confirmation does not constitute our acceptance of your order. We reserve the right to accept or reject orders in our sole discretion.
We may require additional verifications or information before accepting an order. We will contact you if all or any portion of your order is cancelled or if additional details are required to accept your order.
If we do not receive payment, we may cancel your order. We reserve the right to restrict or deny orders based on inaccurate or incomplete information provided by you.
Returns and Refunds
Please inspect all products promptly upon delivery. If the product is damaged or not what you ordered, you must notify us within 14 days of delivery to receive a refund or replacement.
To return a product, please follow the instructions provided with your shipment. You will be responsible for the cost of return shipping.
Refunds will be issued to your original payment method. Please allow 7-10 business days from our receipt of the returned product for your refund to process.
We may reject returns or impose restocking fees in certain situations. All refunds and returns are processed in accordance with our Return Policy.
Account Creation
You may need to create an account to purchase products or access certain features. You agree to provide accurate and complete information and to update it as necessary to keep it accurate.
We reserve the right to suspend or terminate accounts. Grounds for suspension or termination include violating these Terms, inactivity, and security reasons. We will make reasonable efforts to notify you prior to terminating your account so you can retrieve content.
You are responsible for maintaining the confidentiality of your login credentials. Do not reveal your password to others. You are solely responsible for any and all use of your account.
Let us know immediately if you suspect unauthorized use of your account. We are not liable for any loss or damage arising from unauthorized account access or use.
User Content
Any content you upload, provide, or share on or through our website is your “User Content”. You retain full ownership of your User Content.
By providing User Content, you grant us a perpetual, worldwide license to use it for the purposes of operating, promoting, and improving our website and business. This license survives even if you stop using our website.
You represent and warrant that you have all necessary rights to provide your User Content and that it does not violate any laws or third-party rights. We may remove any User Content at any time for any reason.
We are not required to backup or store your User Content. You are solely responsible for maintaining copies of any User Content you provide.
By using this website, you may be exposed to User Content from others that is objectionable, misleading, or inaccurate. We are not liable for any harm incurred from User Content. You use our website at your own risk.
Copyright and Trademark
Our website content is protected by copyright and trademark laws. Unless expressly stated otherwise, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through our website.
You may not use our trademarks or service marks in connection with any product or service. Do not use our trademarks as part of your social media account name, profile name, username, website domain, email address, or app name. Improper use damages our brand.
We respect the intellectual property of others. If you believe our website contains or links to content that infringes your rights, please contact us. We will promptly remove any infringing content.
Disclaimers and Limitations of Liability
We strive to provide valuable information and products but cannot guarantee perfect accuracy or completeness. We provide all information on our website “as is” without any warranties or guarantees.
By accessing and using our website, you do so at your own risk. We are not liable for any damages or losses resulting from or related to the use of our website including direct, indirect, incidental, punitive, and consequential damages.
We may discontinue or change any aspect of our website. We may restrict access to parts or all of our website without notice or liability. Access to our website may not be available at all times and may be subject to limits such as restrictions on certain features and services.
Opinions expressed on our website are those of the respective author and may not reflect our opinions. We are not liable for any loss or damage caused by reliance on information obtained through our website.
Links to third-party websites may appear on our website. Such websites are operated by third-parties and we are not responsible for their content, goods or services. Our inclusion of third-party links does not imply endorsement.
You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses arising from or related to your use of our website and violation of these Terms.
These Terms contain the entire agreement between you and H2o Xpress® regarding use of our website. If any part of these Terms is held invalid by a court of law, the remaining Terms will continue to be valid and enforceable.
These Terms and your use of our website are governed by the laws of the State of New York, without regard to conflict of law rules. You agree to submit to the personal jurisdiction and venue of the state and federal courts located in New York County, NY for resolution of any disputes.
Changes to the Terms
We may revise these Terms from time to time by posting an updated version on our website. The updated version will be effective immediately upon posting. Your continued use of our website constitutes acceptance of the updated Terms.
Please check back periodically for updates. The “Last Updated” date at the top of this page indicates when these Terms were last revised. We will try to notify you of material changes either through the interface, by email, or other reasonable means.
Contact
Please feel free to contact us if you have any questions about these Terms.
H2o Xpress®
123 Angler Way
New York, NY 10001
[email protected]
Last Updated: January 1, 2022