TERMS OF SERVICE
OVERVIEW
This website is operated by Finest Aquariums. Throughout the site, the terms “we,” “us,” and “our” refer to Finest Aquariums. By accessing this website or purchasing from us, you are engaging with our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink.
These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors. Please read these Terms carefully before using our site. If you do not agree to all the terms and conditions, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store will also be subject to the Terms. We reserve the right to update, modify, or replace any part of these Terms by posting changes to our website. It is your responsibility to review this page periodically. Continued use of the site after changes are posted constitutes your acceptance of those changes.
Our store is hosted on Wix and Shopify Inc., which provide the e-commerce platforms that enable us to sell our products and services to you.
SECTION A - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are either the age of majority in your state or province of residence, or that you are the age of majority and have given us permission to allow any minor dependents to use this site under your supervision.
You agree not to use our products or services for any unlawful or unauthorized purpose, and you must comply with all applicable laws in your jurisdiction, including but not limited to copyright regulations.
You are strictly prohibited from transmitting any viruses, worms, or other malicious or destructive code.
Any breach or violation of these Terms will result in the immediate termination of your access to our Services.
SECTION B - GENERAL CONDITIONS
We reserve the right to refuse service to anyone, at any time, for any reason.
You acknowledge that any content you submit (excluding credit card information) may be transferred without encryption and may involve:
(a) transmission across various networks, and
(b) modifications to meet the technical requirements of connecting networks or devices.
Please note that credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service—including any contact information provided through the website—without our express written consent.
Section headings in this agreement are for reference only and do not affect the meaning or scope of these Terms.
SECTION C - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not guarantee that the information provided on this site is accurate, complete, or up to date. All content is offered for general informational purposes only and should not be used as the sole basis for making decisions. For any important matters, we recommend consulting primary or more reliable, complete, and timely sources. Any reliance on the information found on this site is done at your own risk.
This site may include historical information, which is provided for reference purposes only and may not reflect the most current data. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information. By using this site, you acknowledge that it is your responsibility to stay informed of any changes.
SECTION D - CHANGES TO PRODUCST AND SERVICES
Prices for our products are subject to change at any time without prior notice.
We reserve the right to modify or discontinue the Service, or any part of its content, at our sole discretion and without notice.
We are not liable to you or any third party for any modifications, price adjustments, suspensions, or discontinuation of the Service.
SECTION E - PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through our website. These items may be offered in limited quantities and are eligible for return or exchange only in accordance with our Return Policy.
We strive to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the colors you see on your screen will precisely match the actual product, as this may vary based on your device’s display settings.
We reserve the right—but are not obligated—to limit the sale of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. Additionally, we may limit the quantity of any product or service offered.
All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
SECTION F - ORDER POLICY AND ACCOUNT INFORMATION
We reserve the right to decline any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limitations may apply to orders placed under the same customer account, using the same credit card, or sharing the same billing and/or shipping address.
If we modify or cancel an order, we may attempt to notify you via the email address, billing address, or phone number provided at the time of purchase. We also reserve the right to restrict or refuse orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions made through our store. You also agree to promptly update any relevant details, including your email address and payment information, to ensure successful order processing and communication.
For more information, please refer to our Returns Policy.
SECTION G - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION H - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION I - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit specific materials at our request (such as contest entries) or, even without our request, send creative ideas, suggestions, proposals, plans, or other materials—whether online, via email, by postal mail, or through other means (collectively referred to as "comments")—you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use these comments in any media. We are under no obligation to (1) keep any comments confidential; (2) compensate you for any comments; or (3) respond to any comments.
While we may, at our discretion, choose to monitor, edit, or remove content that we deem unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, we are not obligated to do so. We may also remove content that violates any party’s intellectual property rights or breaches these Terms of Service.
You agree that your comments will not infringe on the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. Additionally, you agree that your comments will not contain unlawful, abusive, or obscene content, or any viruses or malware that could affect the operation of the Service or related websites. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility or liability for any comments made by you or any third party.
SECTION J - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION K - ACCURACY OF INFORMATION
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or change information, including canceling orders, if any information on the Service or related websites is found to be inaccurate, without prior notice (even after you have placed an order).
We are not obligated to update, amend, or clarify any information on the Service or related websites, including pricing, unless required by law. Any update or refresh date listed in the Service or on related websites should not be interpreted to mean that all information has been modified or updated.
SECTION L - PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for the following purposes:
(a) engaging in any unlawful activity;
(b) soliciting others to engage in illegal actions;
(c) violating any local, state, federal, or international laws or regulations;
(d) infringing on our or any third-party’s intellectual property rights;
(e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) submitting false or misleading information;
(g) uploading or transmitting viruses or malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet;
(h) collecting or tracking personal information of others;
(i) engaging in spamming, phishing, pretexting, crawling, scraping, or other harmful behaviors;
(j) using the site for obscene or immoral purposes; or
(k) attempting to interfere with or bypass the security features of the Service, any related website, or the Internet.
We reserve the right to suspend or terminate your access to the Service or any related website if you violate any of these prohibited uses.
SECTION M - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results from using the service will be accurate or reliable.
You acknowledge and agree that, from time to time, we may suspend or discontinue the service for an indefinite period or cancel the service entirely, without prior notice.
You expressly agree that your use of, or inability to use, the service is at your own risk. The service and all products and services provided through it are (except as explicitly stated by us) offered “as is” and “as available,” without any warranties, representations, or conditions of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall Finest Aquariums, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This applies regardless of whether the claim is based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products obtained through the service. This includes, but is not limited to, any errors or omissions in content or any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if we have been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those areas, our liability shall be limited to the fullest extent permitted by applicable law.
SECTION N - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Finest Aquariums, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorneys' fees, made by any third party arising from your breach of these Terms of Service or any documents incorporated by reference, or your violation of any law or third-party rights.
SECTION O - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent allowed by applicable law, and the unenforceable portion will be severed from these Terms. This will not affect the validity or enforceability of the remaining provisions.
SECTION P - TERMINATION
The obligations and liabilities of both parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or by ceasing to use our site.
If, in our sole discretion, we believe you have failed to comply with any term or provision of these Terms of Service, or if we suspect non-compliance, we may terminate this agreement at any time without notice. You will remain liable for all amounts owed up to and including the date of termination, and we may deny you access to our services (or any part thereof) as a result.
SECTION Q - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, represent the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the party that drafted them.