Terms of service.

Buyer is responsible for observing all laws regarding animal importation for their home state and for acquiring any required permits for possession or importation prior to completing transaction. Buyer is responsible for knowing their home state’s laws for importation of aquatic livestock, including lists of conditional, restricted, and prohibited species.

Cancellations within 24 hours of shipment are subject to a 10% restocking fee, calculated from the entire order value.

All sales are final.

We do not guarantee the sex of any fish unless listed as such.

CONDITIONS OF USE

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE. THE WAIVER AFFECTS HOW DISPUTES WITH NU AQUA LLC ARE RESOLVED. BY ACCEPTING THESE CONDITIONS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

Welcome to Nu Aqua’s online store! Nu Aqua LLC provides services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.

GENERAL CONDITIONS

Nu Aqua LLC reserves the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Conditions of Use.

LICENSE AND SITE ACCESS

Nu Aqua LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nu Aqua LLC. Nu Aqua LLC reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without any prior notice. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nu Aqua LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Wet Spot Tropical Fish and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Nu Aqua LLC’s name or trademarks without the express written consent of Nu Aqua LLC. Any unauthorized use terminates the permission or license granted by Nu Aqua LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Nu Aqua LLC so long as the link does not portray Nu Aqua LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

RISK OF LOSS

All items purchased from Nu Aqua LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Nu Aqua LLC and its associates attempt to be as accurate as possible. However, Nu Aqua LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Nu Aqua LLC itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY NU AQUA LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. NU AQUA LLC FISH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NU AQUA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NU AQUA LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NU AQUA LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Nu Aqua LLC, you agree that the laws of the state of Illinois, United States of America, without regard to the principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nu Aqua LLC or its associates.

DISPUTES

Any dispute relating in any way to your visit to Nu Aqua LLC or to products you purchase through https://www.nuaquashop.com shall be submitted to confidential arbitration in the state of Illinois, except that, to the extent you have in any manner violated or threatened to violate Nu Aqua LLC’s intellectual property rights, Nu Aqua LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

The Site, and all content available through the Site, is protected by copyright. Unless specified otherwise on the Site or except as permitted by United States copyright law, no portion of the Site may be copied, republished, transmitted, or distributed in any way without Nu Aqua LLC’s express consent. Any such use of the Site’s content for any purpose not authorized under these Conditions of Use is a violation of the copyrights of Nu Aqua LLC. See our Photo and Video policy for more information.

All trademarks, service marks, logos, and trade names on this Site, whether registered or unregistered, are proprietary to Nu Aqua LLC. You may not reproduce, download or otherwise use any such trademarks, service marks, logos, or trade names without the prior express consent of Nu Aqua LLC.

PAYMENT AND PAYMENT METHODS

Nu Aqua LLC accepts payment via credit card, Apple Pay and PayPal. The customer warrants that he/she is fully authorized to use the credit card to pay for the order and that the card gives access to sufficient funds to cover the cost of the order. Failing this, the Nu Aqua LLC reserves the right to cancel the sale. Goods will be shipped only once complete payment has been made.

INDEMNITY

You hereby agree to defend, indemnify, and hold Nu Aqua LLC and our affiliates, and our respective officers, directors, employees, agents, information providers, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Conditions of Use. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

CHANGES TO CONDITIONS OF USE

You can review the most current version of the Conditions of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Conditions of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Conditions of Use constitutes acceptance of those changes.

COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Nu Aqua LLC, these Conditions of use, including the Privacy Policy and Photo and Video Policy, constitute the entire agreement between you and Nu Aqua LLC with respect to the use of the Site, and its Contents.