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Terms and Conditions
Aquor Water Systems, Inc. Last Updated March 11, 2019
YOUR AGREEMENT AND SITE OWNERSHIP
These Terms and Conditions of Use (the “Terms”) apply to the Aquor Water Systems, Inc. web site located at www.aquorwatersystems.com (the “Site”). The Site is the property of Aquor Water Systems, Inc. (“Aquor”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Aquor reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Aquor grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Aquor, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Aquor’s express prior written consent.
You may use information on Aquor’s products and services (such as the descriptions, specification sheets or other instructional materials) purposely made available by Aquor for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
The Site contains interactive features that allow you to post, submit, publish, display or transmit content which may be viewed by Aquor, other Site visitors, and third parties (“User Content”). You agree that all User Content is non-proprietary and does not violate any third party rights. You hereby grant Aquor a license to use, reproduce, modify, perform, display, distribute, or otherwise disclose to third parties such User Content. By submitting User Content to the Site, you understand and acknowledge that you are responsible for such User Content, including ownership and control of all rights therein, and the reliability, accuracy, and appropriateness thereof. Aquor reserves the right to reject or remove any User Content that Aquor, in its sole discretion, deems offensive, inappropriate, or in violation of these Terms.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Aquor reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Aquor server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Aquor, including any Aquor account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Aquor’s systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Aquor on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Aquor or others.
Access to certain portions of the Site, or certain services provided within the Site, may require the creation and use of a personalized and/or enterprise-specific account (“Account”). You or your employer (“Customer”) may create your own Account or one may be assigned to you by Aquor to facilitate services. Customer is solely responsible for maintaining the security of Account identification information, such as usernames and passwords, for insuring that none are made available for any purpose to anyone other than authorized users, and for insuring that authorized users do not share Account identification information with anyone not authorized to access the Account. If Customer wishes to revoke a username or password, it may do so at any time by notifying Aquor of such revocation. Aquor will invalidate the username and password and, if requested by Customer, may provide replacements. If you suspect that someone else knows or has changed your password or otherwise accessed your Account, please notify Aquor immediately using the Contact Us section of the Site.
AQUOR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AQUOR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AQUOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AQUOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY AQUOR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AQUOR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Aquor reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Aquor be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Aquor has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, Aquor is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Aquor’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply in certain instances.
You agree to indemnify and hold Aquor, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Aquor by any third party due to or arising out of or in connection with your use of the Site.
VIOLATION OF THESE TERMS
Aquor may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any legal investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Aquor’s rights or property, or the rights or property of visitors to or users of the Site, including Aquor’s customers. Aquor reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. Aquor also may disclose your information when Aquor determines that applicable law requires such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Aquor may preserve any transmittal or communication by you through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Aquor determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Aquor, its employees, users of or visitors to the Site, and the public.
You agree that Aquor may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Aquor, for which monetary damages would be inadequate, and you hereby consent to Aquor obtaining any injunctive or equitable relief that Aquor deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Aquor may have at law or in equity.
You agree that Aquor may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Aquor and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Aquor with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Aquor with respect to such use are hereby superseded and cancelled. Aquor’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Aquor of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Aquor and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.