HydrogenX Terms and Conditions
Updated March 21, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using www.hydrogenx.com website (the “Service”) operated by HydrogenX (“Company”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users or others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless HydrogenX if your child breaches or disaffirms any term or condition of this Agreement.
1. DELIVERY: Domestic delivery is free to customers. A customer will never have to pay shipping when signing up or leasing Equipment included for a membership from HydrogenX. If the customer wishes to purchase additional items not included in their specific membership, HydrogenX has the right to include additional delivery charges. International delivery charges will be determined on a case-by-case basis.
2. LEASED EQUIPMENT: Company will lease to Customer, and Customer will pay Company lease payments for, the Hydration Unit, ShowerX, BathX, and/or equipment as agreed between Company and Customer ("Leased Equipment"). Customer acknowledges that this is a true lease. Customer is responsible for the Installation of Leased Equipment. Company is NOT responsible for any injury during the installation process.
3. EQUIPMENT FOR CERTAIN PLANS: If Customer has selected a plan that includes use of equipment, Company will provide the equipment designated by Company ("Included Equipment") for Customer's use for the agreed upon time and at the agreed upon price. If Customer has selected (i) upgraded Included Equipment, Customer will pay Company the monthly upgrade fee specified; or (ii) a plan with no Included Equipment, Company will not provide any equipment to Customer.
4. USE OF LEASED EQUIPMENT, INCLUDED EQUIPMENT AND TRAVEL BOTTLES: Customer will install the Leased Equipment or Travel Bottles, or other products, as applicable (collectively, "Equipment"). If Customer's negligence, abuse or misuse causes damage requiring repair or replacement, Customer will pay for return shipping to get the unit replaced/repaired but will never pay for damages to Leased Equipment. The Leased Equipment are, and will at all times be, Company's sole and exclusive property, and Customer will have no right, title or interest except as provided in this Agreement. Customer (i) will not remove the Equipment from Customer's location without Company's prior written consent, (ii) will not alter the Equipment in any manner, (iii) will permit only Company to repair the Equipment, (iv) will notify Company immediately if the Equipment is stolen, lost, damaged or destroyed, and (v) will keep the Equipment free and clear of, and promptly notify the Company of, any levies, liens and encumbrances. Customer will return broken or damaged units for inspection, or repair if needed and will be returned to the Customer promptly.
5. Prices for Products and rental fees are subject to change at any time with ninety (90) days' notice.
6. RISK OF LOSS: Customer assumes risk of loss to the Equipment in Customer's possession and is responsible for all liability resulting from their use and operation. Customer will pay Company upon demand costs to replace any lost, stolen, damaged or destroyed Equipment, as determined by Company. Customer will, to the full extent permitted by law, indemnify, defend and hold harmless Company, its parent, affiliates, officers, directors, employees and agents from any loss, damage, liability, cost, fine or expense, including without limitation, reasonable attorneys' fees, incurred in connection with this Agreement. This provision will survive termination or expiration of this Agreement.
7. DEFAULT BY CUSTOMER; COMPANY'S REMEDIES: Customer will be in default if Customer: (a) fails to pay any amount when due; (b) fails to perform or violates any other term or condition and fails to cure the same within ten (10) days after the occurrence; or (c) abandons or abuses the Equipment. Upon default, Company will have the right to exercise any or all of the following cumulative remedies and any other rights or remedies it may have at law or in equity: (i) terminate this Agreement without relieving Customer of its accrued and continuing obligations; (ii) declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges plus the balance of the Leased Equipment rental to the end of the term.
8. ELECTRONIC BILLING: Customer will be billed every month on the same day they originally signed up. The amount will never change from month to month, unless given 90 days’ notice according to Section 5.
9. MISCELLANEOUS: Customer may not directly or indirectly transfer any of its rights under this Agreement and will not allow any third party to take possession of the Equipment without Company's prior written consent. The terms of this Agreement may be waived or amended only in writing signed by Company and Customer. Failure or delay in exercising any right will not constitute a waiver. Customer grants Company authority to conduct credit investigations and Company retains the right to terminate this agreement at any time based on such information. Customer may try membership for 30 days, risk free. Meaning customer may cancel at any time during the first 30 days after receiving payment and will receive a refund if Customer returns all Equipment. If Customer cancels membership within 30 days of sign up date, Customer must return all Equipment to company before payments can be stopped. If Customer cancels the membership more than 30 days from the sign-up date, they will not receive a full refund. Their payments will not be stopped until Company has received equipment.
10. DISCLAIMER OF WARRANTY: COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND, UNLESS OTHERWISE SPECIFICALLY SET FORTH IN WRITING BY COMPANY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY. CUSTOMER ACCEPTS THE EQUIPMENT "AS IS." NO DEFECT IN OR UNFITNESS OF THE EQUIPMENT, NO LOSS OR DAMAGE AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND CUSTOMER'S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY WILL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE EQUIPMENT OR ITS USE, OPERATION OR FUNCTION.
By purchasing products or Equipment from HydrogenX.com or signing up, you agree to our Terms and Conditions.