Terms of Services
Last Updated: May 27, 2026
1. ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms") govern your access to and use of the website located at aquatruwater.com (the "Site"), the AquaTru mobile application (the "App"), phone ordering services, and all related services (collectively, the "Services") operated by Aqua Tru LLC, a Delaware limited liability company ("AquaTru," "Company," "we," "us," or "our"). By accessing or using the Services, placing an order, or creating an account, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Services.
2. ELIGIBILITY AND AGE RESTRICTIONS
The Services are intended for users who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. We do not knowingly collect personal information from children under the age of thirteen (13). If we learn that we have collected personal information from a child under 13, we will take steps to delete that information promptly. If you believe a child under the age of 13 has provided us with personal information, please contact us at the address set forth in Section 27 below.
We do not knowingly sell or share the personal information of consumers under the age of sixteen (16). If you are a parent or guardian and believe your child between the ages of 13 and 16 has provided personal information through the Services, please contact us at the address set forth in Section 27 below so that we can take appropriate action.
3. ACCOUNT REGISTRATION
To access certain features of the Services, you may be required to create an account. You agree to:
-
Provide accurate, current, and complete information during registration;
-
Maintain and promptly update your account information to keep it accurate, current, and complete;
-
Maintain the security and confidentiality of your login credentials;
-
Accept responsibility for all activities that occur under your account; and
-
Notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account at any time for any reason, including if we reasonably believe you have violated these Terms.
4. PRODUCTS AND ORDERS
4.1 Product Descriptions
We strive to provide accurate descriptions, images, and pricing for all products offered through the Services, including water purifiers, showerheads, replacement filters, accessories, minerals, and water filtration systems ("Products"). However, we do not warrant that product descriptions, images, pricing, or other content on the Services are accurate, complete, reliable, current, or error-free. Colors and appearance of Products may vary depending on your device display. If a Product is not as described when you receive it, your sole remedy is to return it in accordance with our Return Policy set forth herein.
4.2 Order Acceptance
All orders placed through the Services are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including product availability, errors in product or pricing information, or suspected fraud. If we cancel an order after your payment has been processed, we will issue a refund for the canceled item(s).
4.3 Pricing and Sales Tax
All prices are listed in U.S. dollars unless otherwise stated. Prices do not include shipping, handling, or applicable taxes, which will be calculated and displayed at checkout. We are required to collect applicable state and local sales tax on orders shipped to certain states. Your final order total will include the appropriate state and local taxes. We reserve the right to change prices at any time without prior notice, except as required by law. Price changes will not affect orders that have already been accepted. We reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, confirmed, or charged. If we discover a pricing error after your payment method has been charged and your order is canceled as a result, we will refund the full amount of your order.
4.4 Payment
We accept the payment methods displayed at checkout. Payment processing may be handled by third-party payment processors. By submitting payment information, you represent that you are authorized to use the payment method and authorize us and our payment processors to charge all amounts due, including Product prices, subscription charges, taxes, shipping, handling, and other disclosed charges. We may update payment information associated with your account using information provided by you, your payment provider, or payment card network account updater services. We are not responsible for errors or delays caused by payment processors, card issuers, banks, or payment networks. You agree that your placement of an electronic order on the Services is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
4.5 Failed Payments and Chargebacks
If a payment is declined, reversed, charged back, or otherwise not completed, we may suspend or cancel the order, subscription, account, or Services associated with that payment. You remain responsible for amounts validly incurred before suspension or cancellation. We may require an alternative payment method before fulfilling future orders.
4.5 Products for Personal Use Only; Resale Prohibited
All Products, including any samples we may provide, are for personal use only. You may not sell or resell any Products you purchase or otherwise receive from us unless pre-approved in writing by Company. We reserve the right, with or without notice, to cancel or reduce the quantity of any order, withhold refunds, suspend or terminate your account, and pursue any and all available legal remedies against individuals we believe may be engaged in reseller activity or are otherwise violating these Terms. We may identify suspected reseller activity based on factors such as order frequency, amount, and quantity. To the extent your conduct may be fraudulent, including purchasing Products through the use of fake or stolen payment methods, we will report you to federal, state, and local law enforcement authorities.
4.6 Fraud Screening and Order Review
We may review orders, accounts, payment activity, shipping addresses, purchase patterns, and other information to prevent fraud, unauthorized resale, abuse, or violations of these Terms. We may refuse, cancel, limit, or delay any order if we believe the order may be fraudulent, unauthorized, unlawful, placed by a reseller, or otherwise in violation of these Terms. If we cancel an order after payment has been processed, we will refund the amount paid for the canceled item unless we are legally permitted to withhold amounts.
4.7 Promotions, Discounts, and Coupon Codes
Promotions, discounts, coupon codes, bundles, free gifts, rebates, and special offers are subject to the terms presented with the offer. Unless otherwise stated, offers are limited to one per customer, may not be combined with other offers, have no cash value, and may be modified or discontinued at any time. We may cancel or refuse any promotion, discount, coupon code, or offer that is expired, incorrect, obtained through unauthorized channels, used in bad faith, or applied due to a technical or pricing error.
5. SUBSCRIPTION SERVICES
5.1 Subscription Overview
We offer a subscription service for certain of our Products (the "Subscription"). By enrolling in the Subscription, you agree to the following terms, which will also be presented to you clearly and conspicuously before you complete your enrollment.
5.2 Billing Frequency
You may select a billing and delivery frequency that works best for your needs as available at the time of enrollment. Our billing and delivery frequencies are typically on a monthly or longer schedule.
5.3 Automatic Renewal
Your Subscription will automatically renew at the end of each billing cycle at the then-current price, and your selected payment method will be charged, until you cancel. The renewal term will match the billing frequency you selected at enrollment. You will be charged the applicable Subscription price plus any applicable taxes and shipping costs at the start of each renewal period.
5.4 Cancellation
You may cancel your Subscription at any time before the start of your next billing cycle. Cancellation is effective at the end of the current billing period; you will not be charged for subsequent billing cycles after cancellation. You may cancel by any of the following methods:
-
Online: Through your account settings on the Site or App, using the prominently located cancellation link or button provided;
-
Email: By sending a cancellation request to cs@aquatruwater.com; or
-
Phone: By calling us at 800-220-6570.
If you request cancellation by phone, voicemail, or email, we will process your request within one (1) business day of receipt.
5.5 Price Changes
If we change the price of your Subscription, we will notify you at least seven (7) days and no more than thirty (30) days before the new price takes effect. The notice will include the new price and instructions on how to cancel if you do not wish to continue at the updated price.
5.6 Annual Reminders
We will send you pre-shipment notifications of your active Subscription, including the product, the amount and frequency of charges, and how to cancel.
5.7 Post-Transaction Acknowledgment
After you enroll in the Subscription, we will send you an acknowledgment confirming the Subscription terms, including the price, billing frequency, renewal terms, and how to cancel. Please retain this acknowledgment for your records.
5.8 Consent
By enrolling in the Subscription, you provide your express affirmative consent to the automatic renewal terms described in this Section 5, including the recurring charges to your selected payment method. This consent is separate from your agreement to these general Terms.
6. SHIPPING AND DELIVERY
6.1 General
We will add applicable shipping and processing fees to your order. We will use commercially reasonable efforts to ship Products within a reasonable time after receipt and processing of your properly completed order. Although we may provide delivery or shipment timeframes or dates, these are good faith estimates and may be subject to change. Product availability may be limited, and particular Products may not be available for immediate delivery. If your order will be delayed beyond 30 days from the date of your order (or from the date specified at the time of order), we will use reasonable efforts to contact you. If we cannot contact you or you no longer wish to receive the item, we will cancel the order and promptly refund the amount charged. We are not liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Title to and risk of loss for Products pass to you upon our delivery to the carrier.
6.2 International Orders
We do not directly sell certain Products in jurisdictions outside of the United States and Canada, as some Products may not be approved for sale in those jurisdictions. Shipping availability may also be limited to certain regions and countries.
For international orders, we arrange and manage shipping from our warehouse to the delivery address provided at checkout. Shipping charges, if applicable, will be displayed at the time of purchase.
Unless otherwise stated at checkout, we cover all applicable duties, taxes, and import fees associated with delivering your order. You will not be responsible for additional import-related charges upon delivery.
Delivery times for international orders may vary based on destination, customs processing, and local carrier operations.
Where we accept orders from customers located outside of the United States, the following conditions apply. You:
-
Agree that the purchase of any Products is for your own personal use only and not for further resale or distribution;
-
Agree not to order more than a ninety (90) day supply of any consumable Products within any ninety (90) day period; and
-
Authorize us to arrange shipment of the purchased Products to your designated address using a carrier of our choice under Delivered Duty Paid (DDP) Incoterms, with us managing shipping and customs clearance on your behalf.
6.3 Canadian Orders
Orders shipped to Canada are fulfilled in the same manner as other international shipments (see Section 6.2). We coordinate shipping and customs clearance to ensure delivery to your address.
Unless otherwise stated at checkout, all duties, taxes, and import-related fees are included and covered by us.
6.4 Mandatory Consumer Rights for International Orders
Where we accept orders from customers outside the United States, your purchase may be subject to laws in your country, province, territory, or region that provide mandatory consumer rights. Nothing in these Terms limits any mandatory consumer rights that cannot be waived by contract.
7. RETURNS AND REFUNDS
7.1 30-Day Money-Back Guarantee
If you are not satisfied with your AquaTru Product, you may return it within thirty (30) days of delivery for a refund of the purchase price, less shipping and processing fees. To initiate a return, contact our Customer Service team at 800-220-6570 or cs@aquatruwater.com. Products must be returned in their original packaging (or equivalent protective packaging) and in the condition received, subject to reasonable use for evaluation.
7.2 Refund Processing
Refunds will be credited to the original payment method within seven (7) to fourteen (14) business days after we receive the returned Product and verify it meets the return conditions. Shipping and processing fees are non-refundable.
7.3 Certain Jurisdictions
If you are located in a jurisdiction that provides mandatory cancellation, withdrawal, refund, warranty, repair, replacement, or other consumer rights, those rights will apply to the extent required by applicable law. Any limitations, disclaimers, exclusions, arbitration terms, venue terms, or choice-of-law terms in these Terms apply only to the extent permitted by applicable law.
8. WARRANTY AND DISCLAIMERS
8.1 Standard Warranty
Each AquaTru product comes with a one (1) year limited manufacturer's warranty covering defects in materials and workmanship under normal use ("Standard Warranty"). During the warranty period, we will, at our option, repair or replace any defective Product at no charge for parts. You are responsible for shipping and processing fees associated with warranty claims.
8.2 Extended Warranty
Customers may purchase an extended three (3) year limited warranty at the time of purchase or within the Standard Warranty period, subject to availability. The terms of the extended warranty will be provided at the time of purchase.
8.3 Warranty Exclusions
The warranty does not cover: (a) damage caused by misuse, abuse, accident, or modification; (b) normal wear and tear, including filter and consumable component replacement; (c) damage caused by failure to follow product instructions; (d) cosmetic damage; or (e) damage caused by service performed by anyone other than an authorized AquaTru service provider.
8.4 WARRANTY DISCLAIMER
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS SECTION 8, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8.5 Medical and Health Information Disclaimer
THE INFORMATION ON THE SERVICES, INCLUDING WITHOUT LIMITATION ADVICE AND RECOMMENDATIONS, IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SERVICES. COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE SERVICES.
9. USER CONTENT
9.1 Submissions
The Services may allow you to submit content, including product reviews, comments, photographs, and other materials ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content, including your name, username, likeness, or other information submitted with the content, in connection with the Services, Products, advertising, marketing, social media, and promotional materials, in any media now known or later developed.
9.2 Ideas and Concepts
Company and its affiliates are free to use any ideas, concepts, or know-how contained in your User Content for any purpose whatsoever, including without limitation developing, manufacturing, distributing, and marketing products using such information, without any obligation or compensation to you.
9.3 Representations
You represent and warrant that: (a) you own or have the necessary rights and permissions to submit your User Content and to grant the licenses described above; (b) your User Content is accurate; (c) your User Content does not violate any third party's intellectual property rights, privacy rights, or other rights; (d) your User Content does not contain any material that is defamatory, obscene, unlawful, threatening, or otherwise objectionable; and (e) you will indemnify Company for all claims relating to your User Content.
9.4 Monitoring and Removal
We are not obligated to monitor User Content but reserve the right to review, edit, or remove any User Content at our sole discretion and without notice. We take no responsibility and assume no liability for User Content submitted by you or any third party.
9.5 Reviews and Testimonials
If you submit a review, testimonial, rating, photograph, video, comment, or other content, you represent that your submission reflects your honest opinions, findings, beliefs, or experience, and that you have disclosed any material connection you have with us, including if you received compensation, free Product, discounts, loyalty points, sweepstakes entries, or other incentives in connection with the submission.
10. INTELLECTUAL PROPERTY
10.1 Ownership
All content on the Services, including text, graphics, logos, images, trademarks, service marks, trade names (including "AquaTru"), product designs, software, and other materials ("Content") are owned by or licensed to Aqua Tru, LLC, and are protected by U.S. and international intellectual property laws. You are hereby granted a personal, non-exclusive, non-transferable, revocable, limited license to view, copy, and print Content retrieved from the Services for the sole purpose of using or placing an order through the Services, provided that you do not remove or obscure any copyright notice or other notices displayed on the Content. Except as expressly provided in these Terms, nothing herein shall be construed as conferring any other license or right under any of Company's or a third party's intellectual property. All rights not expressly granted herein are reserved. You may not use or display any trademarks or service marks owned by Company without Company's prior written consent. We may moderate, reject, edit, remove, or decline to display User Content as permitted by law, including content that violates these Terms or our content guidelines. We do not undertake to display all User Content and do not endorse User Content submitted by users
10.2 DMCA Copyright Policy
Company respects the copyright and intellectual property rights of others. Company may remove content that appears to infringe the copyright or other intellectual property rights of others and may terminate access by users who appear to infringe such rights. Company complies with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Company's Copyright Agent the following information:
-
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
-
A description of the copyrighted work that you claim has been infringed;
-
A description of where the material that you claim is infringing is located on the Services;
-
Your address, telephone number, and email address;
-
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
-
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please direct inquiries regarding infringement issues by email to legaldepartment@idealliving.com.
11. PROHIBITED CONDUCT
You agree not to:
-
Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
-
Interfere with or disrupt the Services or servers or networks connected to the Services;
-
Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services;
-
Use any robot, spider, scraper, or other automated means to access the Services;
-
Introduce any viruses, Trojan horses, worms, or other malicious code;
-
Use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information without Company's express written consent;
-
Reverse engineer or create derivative works based on the Services or any Content available through the Services;
-
Use meta tags or any other "hidden text" utilizing a Company name, trademark, or product name without Company's express written consent;
-
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
-
Use the Services to transmit unsolicited commercial communications;
-
Harvest or collect email addresses or other personal information of other users; or
-
Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services.
12. THIRD-PARTY LINKS AND SERVICES
The Services may contain links to third-party websites, services, or content that are not owned or controlled by us, including content provided by suppliers, sponsors, or third-party advertisers. These links are provided solely as a convenience and should not be construed as an endorsement of content, items, or services on those third-party websites. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your interactions with third-party websites and services are governed by such third parties' own terms and policies. At the moment you leave the Services via a link to another website, you will be subject to the terms of use and privacy policy of such other website.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AQUA TRU, LLC, ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY ARISING FROM (A) OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR (C) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Aqua Tru, LLC, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, co-branders, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs of litigation) arising out of or relating to:
-
Your use of the Services;
-
Your breach of these Terms;
-
Your User Content;
-
Your violation of any law or the rights of any third party; and
-
Privacy, tort, or other claims (including claims under the Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (such as a telephone number) to Company that is not owned by you, in contravention of these Terms.
15. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Please read this Section 15 carefully. It affects your legal rights.
15.1 Agreement to Arbitrate
By using this website, You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, any Product, any purchase, any subscription, any communication from us, or the relationship between you and us will be resolved by binding individual arbitration, except as provided in Section 15.3.
15.2 Mutuality
This arbitration agreement applies equally to you and us. Either party may initiate arbitration, and either party may seek relief available under applicable law in arbitration.
15.3 Exceptions
Either party may bring an individual claim in small claims court if the claim qualifies. You may bring a small claims action in the county where you reside or in Los Angeles County, California. We may bring a small claims action in the county where you reside. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, account security, or Product safety.
15.4 Informal Resolution
Before initiating arbitration, the party asserting a claim must send written notice describing the claim and requested relief. Notices to us must be sent to legaldepartment@idealliving.com and AquaTru, LLC, 14724 Ventura Blvd., FL 200, Sherman Oaks, CA 91403. Notices to you may be sent to the email address or mailing address associated with your account or order. The parties will use good faith efforts to resolve the dispute for 30 days after notice is received. Either party may proceed to arbitration after that 30-day period.
15.5 Arbitration Rules and Forum
Arbitration will be administered by JAMS under its Consumer Arbitration Minimum Standards and applicable consumer arbitration rules, except as modified by this Section 15. If JAMS is unavailable, the parties will agree on a substitute arbitration provider. If the parties cannot agree, a court of competent jurisdiction will appoint an arbitration provider.
15.6 Location and Format
Arbitration may proceed by telephone, video conference, written submissions, or in person. For claims of $10,000 or less, you may choose whether the arbitration proceeds by telephone, video conference, written submissions, or in person, unless the arbitrator determines that a different format is required. Any in-person arbitration will take place in the county where you reside or in Los Angeles County, California, at your election.
15.7 Arbitration Fees
We will pay the arbitration provider's consumer filing, case management, and arbitrator fees to the extent required by the arbitration provider's rules or applicable law. Each party will pay its own attorneys' fees and costs unless the arbitrator awards fees or costs under applicable law.
15.8 Arbitrator Authority
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, except that a court, not the arbitrator, will decide disputes about the class action waiver in Section 15.9.
15.9 Class Action and Representative Action Waiver
You and AquaTru agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff, class member, representative, or participant in any class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
15.10 Mass Arbitration Procedures
If 25 or more similar arbitration demands are filed against us by or with the assistance of the same law firm, group of law firms, organization, or coordinated counsel, the demands will be administered in batches of up to 25 demands per batch, unless the arbitration provider requires a different batching process. The arbitration provider may resolve administrative issues, including batching, sequencing, fees, and scheduling, in a manner designed to promote efficient and fair resolution. Any applicable limitations period will be tolled for demands subject to batching from the date the demand is filed until the demand is selected to proceed.
15.11 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to legaldepartment@idealliving.com within 30 days after you first accept these Terms. Your notice must include your name, email address, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be required to arbitrate disputes with the other, but all other provisions of these Terms will remain in effect.
15.12 Federal Arbitration Act
This arbitration agreement is governed by the Federal Arbitration Act. To the extent state law applies, the laws of the State of California apply without regard to conflict-of-law rules.
15.13 Severability
If any part of this Section 15 is found unenforceable, that part will be severed to the extent necessary, and the remaining provisions will remain in effect. If the class action waiver in Section 15.9 is found unenforceable as to a claim, that claim must proceed in court and not in arbitration.
These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. To the extent that a Dispute is not subject to arbitration under Section 15, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
16. GOVERNING LAW
These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. To the extent that a Dispute is not subject to arbitration under Section 15, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
17. ELECTRONIC COMMUNICATIONS
By using the Services, creating an account, placing an order, enrolling in a subscription, or providing contact information to us, you agree that we may send you transactional and account-related communications electronically. These communications may include order confirmations, shipping notices, subscription acknowledgments, renewal notices, cancellation confirmations, warranty communications, Product safety notices, legal notices, and updates about your account or purchases.
You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law. You may withdraw consent to receive electronic legal notices, but doing so may affect your ability to use certain Services. Marketing emails will include an unsubscribe mechanism where required by law. We will honor marketing email opt-out requests as required by applicable law. Transactional or account-related emails may continue even if you opt out of marketing emails.
18. TELEPHONE CALLS AND SMS/TEXT MESSAGING
18.1 Transactional Communications
If you provide a telephone number to us, you authorize us to contact you at that number for transactional, account-related, subscription-related, warranty-related, Product safety, delivery, customer service, or other non-marketing purposes. These communications may include calls or text messages made using automated technology, prerecorded messages, or artificial voice technology where permitted by law.
18.2 Marketing Communications
We will only send marketing text messages or make marketing calls using automated technology, prerecorded messages, or artificial voice technology if we have obtained the consent required by applicable law. Consent to receive marketing calls or text messages is not a condition of purchase.
18.3 SMS Program Terms
If you opt in to receive text messages from us, message and data rates may apply. Message frequency varies. You may opt out at any time by replying "STOP" to any text message. For help, reply "HELP" or contact us at 800-220-6570. Carriers are not liable for delayed or undelivered messages. 18.4 Accuracy of Contact Information. You represent that you are the subscriber or customary user of any telephone number you provide to us. You agree to notify us promptly if a number you provided is no longer assigned to you.
19. PRIVACY, COOKIES, AND TRACKING TECHNOLOGIES
Your use of the Services is governed by our Privacy Policy, available at https://idealliving.com/privacy-policy-airdoctor-amazing-air-aquatru-aromatru/. Please review the Privacy Policy to understand how we collect, use, disclose, sell, share, retain, and protect personal information, and how you may exercise privacy rights that may be available to you. We and our service providers may use cookies, pixels, software development kits, local storage, analytics tools, advertising technologies, and similar technologies on the Services. These technologies may help operate the Services, remember preferences, measure performance, personalize content, support advertising, prevent fraud, and improve the Services. Where required, we will provide choices about certain cookies or tracking technologies through a cookie banner, preference center, browser setting, or other mechanism.
20. PRODUCT RECALLS
We may contact you about Product safety, recalls, service updates, replacement parts, warranty matters, Product improvements, or other important Product-related information. These communications may be sent even if you have opted out of marketing communications. You agree to provide accurate contact information and to update your account or contact us if your information changes. If we issue a recall, safety notice, service campaign, or other Product-related instruction, you agree to follow the instructions provided. We may suspend sales, shipments, subscriptions, or replacement parts for any Product affected by a safety, regulatory, quality, or compliance issue.
21. FORCE MAJEURE
We will not be liable for any delay, failure, or interruption of performance caused by events beyond our reasonable control, including acts of God, natural disasters, severe weather, fire, flood, pandemic, epidemic, public health emergency, war, terrorism, civil unrest, labor dispute, supply chain disruption, carrier delay, customs delay, shortage of materials, utility failure, internet or telecommunications failure, cyberattack, government action, changes in law, embargo, sanction, or other event beyond our reasonable control. We may modify, delay, suspend, or cancel orders, shipments, subscriptions, or Services affected by a force majeure event. If we cancel an order due to a force majeure event after payment has been processed, we will refund the amount paid for the canceled item as required by law.
22. TERMINATION, SUSPENSION, AND SURVIVAL
22.1 Termination or Suspension
You agree that Company may, in its sole discretion, and at any time, terminate or suspend its operation of the Services or your use of or access to the Services, without prior notice to you, for any reason that Company, in its sole discretion, deems appropriate. Company will not be liable to you or to any third party for the consequences of such termination or suspension.
22.2 Survival
In the event of any termination of your use of or access to the Services, the following provisions shall survive: Section 8 (Warranty and Disclaimers), Section 9 (User Content), Section 10 (Intellectual Property), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Dispute Resolution and Arbitration Agreement), Section 16 (Governing Law), and Section 22 (Termination, Suspension, and Survival), together with any other provisions that by their nature are intended to survive termination.
23. REMEDIES
In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by you of the provisions of these Terms, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in these Terms shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages.
24. ASSIGNMENT
Company may assign, transfer, or sub-contract any of its rights or obligations under these Terms to any third party at its discretion. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
25. MODIFICATIONS TO TERMS
Company may make changes to these Terms from time to time in its sole discretion by updating this posting on the Services. Any changes will be effective upon posting with an updated "Last Updated" date. Your continued use of the Services following the posting of a new version of the Terms constitutes your acceptance of any such changes. We encourage you to review these Terms periodically.
26. SEVERABILITY AND WAIVER
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision will be ineffective only to the extent that it is found invalid, illegal, or unenforceable, and the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be agreed to by Company in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise, but may be supplemented by additional terms, restrictions, or conditions in connection with the sale or offering for sale of Products through the Services. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Company.
27. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Aqua Tru, LLC, 14724 Ventura Blvd., FL 200, Sherman Oaks, CA 91403 Phone: 800-220-6570 Email: cs@aquatruwater.com