Las Vegas Aquariums Terms of Service
Effective Date: 01/01/2021
PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
Welcome to Las Vegas Aquariums, owned and operated by Las Vegas Aquariums Inc. and its affiliates. By using our website, mobile applications, or any of our other services (collectively, “Services”), whether in-store or online, you agree to these Terms of Use (“Terms”) and the Las Vegas Aquariums Privacy Policy, which is incorporated herein by reference. If you do not agree, please do not use our Services.
We reserve the right to revise these Terms at any time, and continued use of our Services indicates your acceptance of those changes. The materials provided on or through our Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing our Services for any reason.
Please Note: A copy of these Terms of Service is available on the counter and on display in our store. We ask all customers to read these Terms of Service before making any purchase. Our return policy is also available on the counter, and an extended version is displayed on a sign at the checkout.
1. Eligibility and Use
- In-Store Purchases: There is no age restriction for in-store purchases. Customers of any age may buy products at our physical locations.
- Online Purchases: You must be 18 years of age or older to use our Services online. By using our online Services, you represent and warrant that you are 18 years or older and have the right, authority, and capacity to agree to these Terms.
- You agree to use our Services in accordance with applicable laws and regulations. You are responsible for your communications, uploads, transmissions, and the use of our Services through your login information.
2. Use Restrictions
- The content on our Services, including text, graphics, images, photographs, illustrations, trademarks, service marks, logos, and other materials (“Contents”), is protected by copyright under both United States and foreign laws.
- You may not use, reproduce, publish, modify, or distribute our Contents for public or commercial purposes without written permission from us.
- We grant you a personal, non-exclusive, non-transferable license to access and use our Services in compliance with these Terms.
- Unauthorized use or access may result in termination of your permission to use our Contents and Services, and you may be subject to prosecution and damages.
3. Copyright and Trademarks
- The Services and all available content are protected by copyright. You may not copy, republish, transmit, or distribute any part of our Services without prior written consent.
- Permission for uses of our Services, including linking to pages other than the homepage, must be obtained in advance. Requests should be submitted via email to lasvegasaquariums@gmail.com.
- All trademarks and service marks are proprietary to Las Vegas Aquariums or to other companies where so indicated.
4. User Submissions
- Personal information you submit is governed by our Privacy Policy. To the extent of inconsistency, the Privacy Policy shall govern.
- We do not claim ownership of any information you provide to us. However, you grant us a royalty-free, perpetual, irrevocable license to use, reproduce, and distribute any content you post on our Services.
- You are solely responsible for your submissions and any consequences. We reserve the right to remove content or terminate access if submissions violate these Terms.
5. Promotions
- Offers or promotions are void where prohibited and subject to the posting of any official rules.
- All items purchased on sale or promotion are non-returnable and considered final, whether purchased in-store or online.
6. Terms of Sale
- We reserve the right to refuse any order for any reason, including suspicion of intent to resell products commercially.
- Purchases for resale are prohibited unless agreed upon in writing.
- These terms apply to both in-store and online sales.
7. International Use
- Our Services are controlled from the United States, and we do not guarantee the appropriateness for use in other locations. You are responsible for compliance with local laws if accessing from outside the U.S.
8. Disclaimers; Limitation of Liability
- All content available on our Services is provided “as is” and without warranties of any kind. Use of the Services is at your own risk.
- We do not warrant that the functions of the Services will be uninterrupted or error-free.
9. Indemnity
- You agree to indemnify and hold Las Vegas Aquariums harmless from any claims, damages, or liabilities resulting from your use of the Services or violation of these Terms.
10. Class Action Waiver; Mandatory Arbitration
- By using our Services, whether in-store or online, you agree to resolve any disputes through binding arbitration on an individual basis, waiving your right to sue in court or participate in a class action.
11. Termination
- We reserve the right to terminate your access to the Services at any time without notice. Upon termination, you must destroy all content obtained from the Services.
12. Changes to These Terms
- We may revise these Terms at any time. Continued use of the Services, either in-store or online, indicates acceptance of any changes.
13. Complete Agreement
- These Terms, including the Privacy Policy, constitute the entire agreement between you and Las Vegas Aquariums regarding the use of our Services.
Refund Policy
Dry Goods (In-store and Online):
- Unopened items may be returned for a refund.
- Opened items fall under the manufacturer’s warranty, and at our discretion, may be exchanged.
- Modified items are not returnable.
- Returns are subject to a 25% restocking fee.
- Sales are final once payment is processed.
- Special order items are final once received.
- Labor costs are non-refundable.
- Fish tanks and lights are non-returnable; all sales are final.
Fish and Livestock (In-store and Online):
- Fish on sale, invertebrates, corals, and plants are sold “as is” without warranty.
- Fish come with a 72-hour warranty and must be returned with a water sample within 72 hours—no exceptions.
If you have any questions regarding these Terms of Service, please contact us at lasvegasaquariums@gmail.com.