Clearly Different Water & Air

TERMS OF SERVICE

Contact us if you have any questions

Clear Water & Air (“Company,” “we,” “our,” or “us”) is pleased to have you visit our website, clearwaterair.net (“Site”) and offer you our services (“Services”). Please understand, however, that the content on the Site is informational in nature only. By accessing and using the Site and Services, you accept and agree to be bound by the terms and provisions of this Terms of Use Agreement (“Terms”). These Terms govern your use of the Site, Services, and any information and content available or enabled via the Site or Services. In addition to the Terms, when using the Site or Services, you shall be subject to and abide by any posted guidelines, rules, and policies including our Privacy Policy, which are hereby incorporated into these Terms and may be modified from time to time.

WE RESERVE THE RIGHT TO UPDATE AND MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. ANY MODIFICATIONS TO THESE TERMS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE UPDATED TERMS ON THE SITE. YOUR CONTINUED USE OF THIS SITE AND OUR SERVICES FOLLOWING A NOTICE OF UPDATED TERMS CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY ANY CHANGES.

PLEASE READ THESE TERMS CAREFULLY. BY USING OR ACCESSING THE SITE OR SERVICES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR SERVICES, OR OTHERWISE PARTICIPATING IN THE SITE OR SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR SERVICES.

1. Eligibility

You must be at least eighteen (18) years old to use our Site and Services. By accessing, using and/or submitting information to or through our Site and Services, you represent that you are not younger than 18.

2. Intellectual Property and Use Rights

The Site, Services, and associated content (including text, images, logos, software, and trademarks) are the property of Clear Water & Air or its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for personal use in the United States, subject to these Terms. You may not reproduce, distribute, modify, or create derivative works from any part of the Site or Services without our prior written consent.

3. Restrictions on Use

You agree not to:

Use the Site or Services for unlawful purposes
Post or transmit harmful code or material
Attempt to reverse engineer or tamper with the Site
Mine or harvest data without consent
Upload or distribute infringing, defamatory, or obscene material
Use automated tools (bots, spiders, etc.) to access the Site
Frame or mirror the Site without permission
Engage in activity that disrupts or interferes with the Site or Services

4. Feedback

Any suggestions, feedback, or other information provided by you that is not personal information may be used by Clear Water & Air for any purpose, without compensation or attribution.

5. No Warranty

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEAR WATER & AIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEAR WATER & AIR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED $100 USD.

7. Indemnification

You agree to indemnify, defend, and hold harmless Clear Water & Air, its officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or Services, or your violation of these Terms.

8. Third-Party Content and Links

We may link to or include content from third-party websites or services. These links are provided as a convenience and do not constitute endorsement. We are not responsible for any third-party content, privacy practices, or terms.

9. Linking Policy

You may not link to our Site without express written permission. We reserve the right to revoke any such permission at any time.

10. Opt-Out Policy

To opt out of receiving communications from Clear Water & Air, please email us at Customerservice@clearwaterair.net or mail your request to:

Clear Water & Air
1420 S Wickham Rd
Melbourne, FL 32904

To opt out of SMS messages, reply “STOP” to any message received. Message and data rates may apply.

11. Termination

We reserve the right to terminate or suspend your access to the Site and Services at our sole discretion, without notice or liability.

12. Site Availability

We do not guarantee uninterrupted access to the Site or Services. Interruptions may occur due to maintenance, outages, or external events beyond our control.

13. Legal Compliance and Cooperation with Law Enforcement

We will comply with law enforcement requests and may disclose your information where required by law.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida, without regard to conflicts of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Palm Beach County, Florida.

15. Arbitration Agreement

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA), under Florida law. Arbitration shall be conducted individually, and class actions are not permitted.

16. Miscellaneous

We may assign these Terms to another party at any time. You may not assign your rights without our written consent. If any provision is deemed unenforceable, the rest of the Terms remain in effect. Headings are for convenience only.