These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and AquariaHobbyist.com ("Company," "we," "us," or "our"), governing your access to and use of the website located at https://aquariahobbyist.com (the "Site"), including all associated services, content, features, technologies, and functionalities offered through the Site (collectively, the "Services").

Please read these Terms carefully. They affect your legal rights and obligations. If you do not agree to all of these Terms, do not access or use the Services. These Terms incorporate by reference our Privacy Policy, Cookie Policy, and Acceptable Use Policy, each of which is incorporated herein by reference and forms part of this Agreement.

Acceptance of Terms

By accessing, browsing, registering for an account, purchasing products or services, downloading content, or otherwise using the Services in any manner, you irrevocably accept and agree to be bound by these Terms, along with all policies, guidelines, rules, and procedures referenced herein or made available to you.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such case, "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

1.1 Method of Acceptance

Acceptance of these Terms may occur through any of the following methods:

  • Clicking "I Agree," "Accept," or similar button on the Site
  • Creating or using an account on the Services
  • Downloading, installing, or using any software provided through the Services
  • Accessing, browsing, or otherwise using the Site or Services
  • Purchasing any products or services through the Site
  • Continuing to use the Services after notice of modifications to these Terms

1.2 Electronic Agreement

You acknowledge and agree that your acceptance of these Terms is electronic and constitutes a legally binding contract between you and AquariaHobbyist.com. You agree that any electronic submission or acceptance is as valid and binding as a handwritten signature on a paper document.

1.3 Capacity to Contract

By using the Services, you represent and warrant that you have the legal capacity to enter into a binding agreement, meet the eligibility requirements set forth in these Terms, and are not a person barred from using the Services under the laws of the United States or any other applicable jurisdiction.

Definitions

For the purposes of these Terms, the following terms shall have the meanings ascribed to them below:

"Account"
A registered profile created by a User to access certain features and Services.
"Content"
All text, images, videos, audio, graphics, logos, designs, data, and other materials available through the Services, whether created by us, our licensors, or Users.
"Services"
Collectively refers to the website, applications, forums, tools, features, content, and functionalities offered by AquariaHobbyist.com.
"User" / "You" / "Your"
Any individual or entity that accesses or uses the Services, whether registered or unregistered.
"User Content"
Any content submitted, posted, uploaded, or otherwise made available by Users through the Services.
"Intellectual Property" / "IP"
All patents, copyrights, trademarks, trade secrets, moral rights, database rights, and other intellectual property rights, whether registered or unregistered.
"Personal Data"
Any information relating to an identified or identifiable natural person, as defined under applicable data protection laws.
"Subscription"
A paid plan granting access to premium features, content, or services on a recurring basis.

Eligibility

3.1 Age Requirements

You must be at least 18 years of age, or the age of majority in your jurisdiction (whichever is greater), to use the Services. By using the Services, you represent and warrant that you meet this age requirement. If you are under 18 but at least 13 years of age, you may use the Services only with the involvement, consent, and supervision of a parent or legal guardian who agrees to be bound by these Terms.

3.2 COPPA Compliance

The Services are not directed to children under the age of 13. We do not knowingly collect Personal Data from children under 13. If we become aware that a child under 13 has provided us with Personal Data, we will take steps to delete such information promptly. If you believe we have collected data from a child under 13, please contact us immediately.

3.3 Legal Capacity

You must have the legal capacity to form a binding contract with us. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

3.4 Geographic Restrictions

The Services may not be available in all geographic locations. We make no representation that the Services are appropriate or available for use in all jurisdictions. You access the Services on your own initiative and are responsible for compliance with applicable local laws.

User Accounts & Registration

4.1 Account Creation

To access certain features of the Services, you may be required to create an account. When registering, you agree to:

  • Provide accurate, current, and complete information as prompted by the registration form
  • 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
  • Notify us immediately of any unauthorized use of your account or any other breach of security

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Create a strong, unique password that you do not use for other services
  • Enable two-factor authentication when available
  • Not share your account credentials with any third party
  • Immediately notify us of any suspected unauthorized access to your account
  • Log out of your account when finished using the Services

4.3 One Account Per Person

You may not create more than one account. Multiple accounts created by the same individual may be suspended or terminated without notice. Account sharing between individuals is strictly prohibited.

4.4 Account Transfer

Accounts are non-transferable. You may not sell, transfer, license, or otherwise assign your account or any rights or obligations under these Terms to any third party without our prior written consent.

4.5 Account Deletion

You may request deletion of your account at any time by contacting us at support@aquariahobbyist.com or through the account settings. Upon deletion, we will remove your publicly visible profile information; however, certain data may be retained as required by law or for legitimate business purposes as described in our Privacy Policy.

User Conduct & Responsibilities

As a condition of using the Services, you agree to comply with all applicable laws, regulations, and these Terms. You agree not to:

  • Use the Services for any unlawful purpose or in violation of any local, state, national, or international law or regulation
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any individual or group
  • Post or transmit any content that is obscene, pornographic, vulgar, offensive, racist, sexist, homophobic, transphobic, or otherwise objectionable
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services
  • Submit content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or malicious code
  • Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems connected to the Services
  • Use any robot, spider, scraper, or other automated means to access the Services for any purpose
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
  • Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any software or code comprising the Services
  • Collect or store personal data about other users without their express consent
  • Sell, transfer, or distribute your account or access to the Services
  • Use the Services to provide advice or information regarding the care of aquatic animals that contradicts established veterinary science or could endanger animal welfare

Note on Animal Welfare: As an aquarium hobbyist community, we take the welfare of aquatic animals seriously. Content that promotes practices known to cause unnecessary suffering to fish, invertebrates, or other aquatic organisms may be removed, and repeat offenders may face account termination.

Content & Intellectual Property

6.1 Ownership

All content available through the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site, is the property of AquariaHobbyist.com, its licensors, or other content providers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks

AquariaHobbyist.com, the AquariaHobbyist.com logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing on the Site are the trademarks of their respective owners.

6.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include:

  • The right to resell or make commercial use of the Services or their contents
  • The right to collect, copy, or download content without express permission
  • The right to create derivative works from the content
  • The right to display, perform, or distribute content outside the Services
  • Any right to use data mining, robots, or similar data gathering tools

6.4 Restrictions on Use

You may not, without our express written consent:

  • Modify, adapt, translate, or create derivative works based upon the Services or Content
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
  • Remove any copyright, trademark, or other proprietary rights notices from the Content
  • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
  • Use metatags or any other "hidden text" utilizing any name or trademark without express written consent

User-Generated Content

7.1 License Grant

By submitting, posting, uploading, or otherwise making available ("Posting") any User Content on or through the Services, you grant AquariaHobbyist.com a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license to use, copy, modify, adapt, translate, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit your User Content in any and all media formats, channels, and platforms now known or later developed.

7.2 Moral Rights

To the fullest extent permitted by applicable law, you waive and agree not to assert any moral rights you may have in your User Content against us or our sublicensees. You acknowledge that we have no obligation to attribute your User Content to you.

7.3 Representations & Warranties

By Posting User Content, you represent and warrant that:

  • You own or have sufficient rights to post the User Content
  • The User Content is accurate and not misleading
  • The User Content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights
  • The User Content does not violate any applicable law or regulation
  • The User Content will not be defamatory, libelous, threatening, pornographic, obscene, or otherwise objectionable
  • You have obtained all necessary consents for any personal data included in the User Content

7.4 Content Moderation

We reserve the right, but have no obligation, to monitor, review, edit, remove, or disable access to any User Content at any time and for any reason, including but not limited to content that we determine violates these Terms, is harmful to other users, or is otherwise objectionable. We are not responsible for the content or accuracy of any User Content posted by any user.

7.5 Feedback

Any comments, suggestions, ideas, or other feedback you provide about the Services ("Feedback") shall be deemed non-confidential. You grant us the right to use, reproduce, modify, adapt, publish, and distribute such Feedback without any obligation or compensation to you.

Prohibited Activities

In addition to the restrictions set forth above, you agree not to engage in any of the following activities:

8.1 Technical Violations

  • Attempting to probe, scan, or test the vulnerability of the Services or any associated system
  • Bypassing or attempting to bypass any security or authentication measures
  • Interfering with service to any user, host, or network
  • Sending unsolicited communications, promotions, or advertisements
  • Forging any TCP/IP packet header or any part of the header information in any email or posting
  • Using the Services to distribute malware, ransomware, phishing, or other malicious software
  • Attempting to interfere with the proper functioning of the Services

8.2 Commercial Violations

  • Using the Services for any commercial purpose without our express written consent
  • Operating a "copy site" or mirror of the Services
  • Using the Services to engage in unauthorized advertising to, or commercial solicitation of, other users
  • Transmitting chain letters, spam, or junk email through the Services
  • Using the Services to collect information about others for unauthorized commercial purposes
  • Engaging in any scheme involving fraud, pyramid schemes, or similar deceptive practices

8.3 Content Violations

  • Posting content that promotes illegal trade in endangered species or protected aquatic organisms
  • Sharing content that advocates for or provides instructions on inhumane treatment of aquatic animals
  • Posting content that facilitates the illegal collection or harvesting of wild aquatic specimens in violation of local or international law
  • Sharing misinformation that could lead to animal harm or death (e.g., incorrect medication dosages, toxic substance recommendations)

Purchases & Transactions

9.1 General Terms

All purchases made through the Services are subject to product availability and our acceptance. We reserve the right to refuse service to anyone for any reason at any time. Prices for all products and services are subject to change without notice.

9.2 Order Accuracy

We reserve the right to correct errors or inaccuracies in product descriptions, pricing, or availability. We may require additional verification of your order or identity before processing any transaction. In the event of an error, we reserve the right to cancel any orders placed at an incorrect price.

9.3 Tax

All prices are exclusive of applicable taxes, duties, and levies unless otherwise stated. You are responsible for paying all applicable taxes, duties, and levies associated with your purchases. We will calculate and collect applicable taxes at checkout where required by law.

9.4 Third-Party Sellers

Certain products or services offered through the Site may be sold by third-party sellers. Your purchase from such sellers may be subject to additional terms and conditions imposed by the seller. We are not responsible for the products, services, or conduct of third-party sellers.

9.5 Order Limitations

We reserve the right to limit the quantities of any products or services offered, and to limit or prohibit purchases by any individual, household, or order. We may, in our sole discretion, restrict or prohibit orders that appear to be placed by dealers, resellers, or distributors.

Subscription Services

10.1 Subscription Plans

Certain features and content may be available through paid subscription plans ("Subscriptions"). Subscription terms, including pricing, billing cycles, and features, are described at the time of purchase and are subject to change with reasonable notice.

10.2 Auto-Renewal

Unless otherwise stated, Subscriptions automatically renew at the end of each billing period at the then-current rate. You may cancel auto-renewal at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of the current billing period.

10.3 Price Changes

We reserve the right to change subscription prices. Price changes will take effect at the start of the next billing period following at least 30 days' notice. If you do not agree to the price change, you may cancel your Subscription before the change takes effect.

10.4 Free Trials

We may offer free trials for Subscriptions. Free trials are subject to these Terms and any additional terms disclosed at the time of enrollment. At the end of a free trial, you will be charged at the then-current subscription rate unless you cancel before the trial expires.

10.5 Cancellation

You may cancel your Subscription at any time. Upon cancellation, you will retain access to Subscription features until the end of your current billing period. No partial-month refunds will be provided for mid-period cancellations unless required by applicable law.

Payment Terms

11.1 Accepted Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. All payments are processed through secure, PCI-DSS compliant payment processors.

11.2 Billing

You authorize us and our payment processors to charge your selected payment method for all purchases made through the Services. You agree to pay all charges at the prices in effect when incurred. You agree to pay all collection costs and attorneys' fees for any past-due amounts.

11.3 Failed Payments

If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account or discontinue use of paid Services, we may suspend your access to paid features until payment is successfully collected. We reserve the right to charge a reasonable fee for failed payment processing.

11.4 Currency

All prices are listed in United States Dollars (USD) unless otherwise indicated. If you are making a payment from outside the United States, your bank or payment provider may apply currency conversion fees or other charges.

Refund Policy

12.1 Digital Products

Due to the nature of digital products and services, all sales are final once access has been granted. No refunds will be provided for digital content that has been accessed, downloaded, or viewed, except as required by applicable law.

12.2 Physical Products

For physical products purchased through the Site, we offer a 30-day return policy from the date of delivery. Products must be returned in their original condition, unused, and in original packaging. Return shipping costs are the responsibility of the customer unless the product was defective or we made an error.

12.3 Subscription Refunds

Subscription fees are non-refundable except as required by applicable law. You may cancel your Subscription at any time, and cancellation will be effective at the end of the current billing period. No partial refunds will be issued for unused portions of a billing period.

12.4 Defective Products

If you receive a defective product, please contact us within 7 days of delivery. We will, at our option, replace the defective product, issue a refund, or provide store credit. Proof of purchase and evidence of the defect may be required.

Third-Party Links & Services

13.1 Third-Party Links

The Services may contain links to third-party websites, services, or content that are not owned or controlled by AquariaHobbyist.com. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or views of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party website or service.

13.2 Affiliate Relationships

The Site may contain affiliate links, meaning we may earn a commission if you click through and make a purchase from a third-party merchant. These affiliate relationships do not affect our editorial content or recommendations. We only recommend products and services we believe will add value to our users.

13.3 Third-Party Integrations

Certain features of the Services may integrate with third-party platforms (e.g., social media, payment processors, analytics services). Your use of these integrations is subject to the third party's terms of service and privacy policy. We are not responsible for the practices of these third-party platforms.

13.4 No Endorsement

The inclusion of any third-party link or reference does not imply endorsement, sponsorship, or recommendation by AquariaHobbyist.com. We encourage you to review the terms and policies of any third-party service before engaging with them.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AQUARIAHOBBYST.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
  • WARRANTIES REGARDING THE QUALITY, ACCURACY, OR EFFECTIVENESS OF ANY ADVICE, INFORMATION, OR GUIDANCE OBTAINED THROUGH THE SERVICES
  • WARRANTIES THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED
  • WARRANTIES THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AQUARIAHOBBYST.COM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOUR USE OF THE SERVICES AND RELIANCE ON ANY CONTENT IS SOLELY AT YOUR OWN RISK.

Aquarium-Specific Disclaimer: The information provided on AquariaHobbyist.com is for educational and entertainment purposes only. It does not constitute veterinary advice. Always consult a qualified aquatic veterinarian for health concerns regarding your aquatic animals. We are not responsible for any harm that may come to your animals as a result of following advice found on this site.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AQUARIAHOBBYST.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL
  • LOSS OR DAMAGE TO AQUATIC ANIMALS, LIVESTOCK, OR PROPERTY RESULTING FROM ADVICE OR INFORMATION OBTAINED THROUGH THE SERVICES
  • PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SERVICES
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE

Aggregate Liability Cap: In no event shall our total aggregate liability exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred US Dollars ($100.00 USD).

Jurisdictional Exceptions: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless AquariaHobbyist.com, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party
  • Your violation of any applicable law, rule, or regulation
  • Any breach of your representations and warranties under these Terms
  • Any harm to aquatic animals resulting from your reliance on content obtained through the Services

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AquariaHobbyist.com.

Privacy & Data Collection

17.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy to understand our practices regarding your Personal Data.

17.2 Data Collection

We collect information as described in our Privacy Policy, including:

  • Account registration information (name, email address, password)
  • Usage data and analytics (pages visited, time spent on site, browser type)
  • Device information (IP address, device type, operating system)
  • Cookies and similar tracking technologies
  • Information you provide in User Content (forum posts, comments, reviews)
  • Payment information (processed securely through third-party payment processors)
  • Communication data (support tickets, emails, feedback)

17.3 Data Protection

We implement appropriate technical and organizational measures to protect your Personal Data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

17.4 International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence. These countries may have data protection laws that are different from the laws of your country. By using the Services, you consent to the transfer of your data to such countries.

17.5 Your Rights

Depending on your jurisdiction, you may have rights regarding your Personal Data, including the right to access, correct, delete, or port your data, and to object to or restrict certain processing activities. Please contact us at privacy@aquariahobbyist.com to exercise these rights.

DMCA & Copyright Policy

18.1 DMCA Compliance

AquariaHobbyist.com respects the intellectual property rights of others and expects its users to do the same. We comply with the provisions of the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

18.2 Notification of Infringement

If you believe that any content on the Services infringes your copyright, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

  • A physical or electronic signature of the copyright owner or authorized person
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing, with sufficient detail to locate it
  • Your contact information (address, telephone number, email)
  • A statement that you have a good faith belief that use of the material is not authorized
  • A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner

18.3 Copyright Agent

Copyright Agent
AquariaHobbyist.com
Email: dmca@aquariahobbyist.com
Mail: Attn: Legal Department, DMCA Notices

18.4 Repeat Infringers

We reserve the right to terminate accounts of users who are repeat infringers of intellectual property rights, including copyright. A "repeat infringer" is a user who has been the subject of two or more valid DMCA takedown notices.

18.5 Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent containing the information required by the DMCA.

Termination

19.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings. Upon termination, your right to use the Services will immediately cease.

19.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

  • Breach of these Terms
  • Request by law enforcement or government agencies
  • Discontinuation of the Services or any part thereof
  • Unexpected technical or security issues
  • Extended periods of inactivity
  • Engagement in fraudulent or illegal activities

19.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. All content associated with your account may be permanently deleted and cannot be recovered.

19.4 Outstanding Obligations

Termination does not relieve you of any outstanding financial obligations incurred prior to termination. You remain responsible for any unpaid amounts owed to us.

Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

This section contains a binding arbitration agreement and class action waiver that applies to all disputes between you and AquariaHobbyist.com.

20.1 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first attempt to resolve the dispute informally by contacting us at disputes@aquariahobbyist.com. We will attempt to resolve the dispute within sixty (60) days of receiving your notice. The informal resolution period begins on the date we receive your written notice.

20.2 Binding Arbitration

If the dispute is not resolved within the informal resolution period, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English and shall take place in the state of Delaware, United States, or remotely via video conference if permitted by the AAA rules.

20.3 Arbitration Fees

We will pay all arbitration fees for claims less than $10,000 unless the arbitrator finds the arbitration frivolous. For claims of $10,000 or more, arbitration fees shall be determined by AAA rules. You are responsible for your own attorney's fees unless the arbitrator determines otherwise or applicable law provides otherwise.

20.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action or representative proceeding.

20.5 Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to optout@aquariahobbyist.com including your full name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

20.6 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court in their county of residence or where the defendant resides, provided the claim falls within the jurisdictional limits of such court.

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

For users outside the United States, nothing in these Terms shall limit any rights you may have under applicable local mandatory consumer protection laws that cannot be waived by agreement.

Modifications to Terms

22.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of these Terms and, for material changes, we will provide notice through the Services (e.g., via email, banner notification, or pop-up).

22.2 Material Changes

Material changes will be effective no sooner than 30 days after notice is provided. If you disagree with any material changes, you may terminate your account by providing written notice within the 30-day period. Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms.

22.3 Non-Material Changes

Non-material changes (such as clarifications, corrections, or updates for legal compliance) may take effect immediately upon posting without prior notice.

22.4 Your Responsibility

You are responsible for regularly reviewing these Terms. We encourage you to review these Terms periodically to stay informed of updates. Your continued use of the Services after any changes constitutes your acceptance of such changes.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction. Upon a determination that any provision is invalid, illegal, or unenforceable, these Terms shall be reformed to the minimum extent necessary to make such provision valid, legal, and enforceable while preserving the original intent of the parties to the greatest extent possible.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the waiving party to be effective.

Force Majeure

AquariaHobbyist.com shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, hurricanes, pandemics)
  • Acts of government or regulatory authorities
  • War, terrorism, civil unrest, or riot
  • Internet service provider failures or disruptions
  • Power outages or equipment failures
  • Labor disputes or strikes
  • Cyberattacks, distributed denial-of-service attacks, or other malicious activities
  • Any other event of force majeure

If a force majeure event continues for more than thirty (30) days, either party may terminate this Agreement upon written notice to the other party.

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and any other legal notices or guidelines published on the Services, constitute the entire agreement between you and AquariaHobbyist.com regarding your use of the Services and supersede any prior agreements, communications, and proposals, whether oral or written, between you and us.

In the event of any conflict between these Terms and any additional terms applicable to a specific feature or service, the additional terms shall control with respect to that specific feature or service.

The section titles in these Terms are for convenience only and have no legal or contractual effect. References to "including" mean "including without limitation."

Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us using the information below:

General Inquiries

Email: support@aquariahobbyist.com

Legal Department

Email: legal@aquariahobbyist.com

Privacy Concerns

Email: privacy@aquariahobbyist.com

DMCA / Copyright

Email: dmca@aquariahobbyist.com

Response Time: We aim to respond to all inquiries within 5 business days. For urgent matters, please indicate "URGENT" in the subject line.

Acknowledgment

By using AquariaHobbyist.com, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them in their entirety. You further acknowledge that you have had the opportunity to review these Terms with legal counsel if you so choose, and that you are entering into this Agreement voluntarily and with full understanding of its terms.

If any part of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. These Terms represent the complete and exclusive statement of the agreement between you and AquariaHobbyist.com with respect to the subject matter hereof.

Document Version: 3.2

Effective Date: January 15, 2025

Previous Version: 3.1 (October 1, 2024)

Next Scheduled Review: July 15, 2025