LEGAL NOTICE AND DISCLAIMER
Under no circumstances will Waterous, its employees or agents be liable for any direct, indirect, punitive or consequential damages that may result in any way from use, misuse, reference in or reliance on any of the information provided on or through this or any other web site including those sites which are linked herein, or that result from mistakes, errors, omissions, interruptions, defects, or any failure of performance. Waterous EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION HEREIN.
While Waterous makes every effort to present accurate and reliable information on this site, Waterous does not endorse, approve or certify the information provided by others, nor does Waterous guarantee its accuracy, completeness or timeliness. Use of the information is voluntary and reliance on it should only be undertaken after the user has independently verified its accuracy, completeness and timeliness.
Waterous hereby expressly prohibits anyone from posting any defamatory, abusive, profane, threatening, offensive, anticompetitive, or illegal materials on this site and will not be responsible for any such materials or resulting liability.
Copyright © 2013 Waterous Company. All rights reserved.
No personal information is collected by this Website & or other Waterous marketing outlets unless user personally submits information via form. In order to study and enhance our communication, we keep track of patterns of use on this Web site. Included is the information passed along by a web browser that references the Web URL you linked from. This information is used to analyze the site. You will not be personally identified from this information.
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE Waterous Company web site. By using the Waterous Company Website, you agree to be bound by these Waterous Website Terms and Conditions of Use (the “Terms”). If you do not agree to these Terms, please do not use the Waterous Website. In these Terms, Waterous will be referred to as “Waterous,” “us,” or “we.”
Waterous reserves the right to modify or update these Terms at any time by posting such changes to the Waterous Company web site. Such changes will be effective upon posting. Your continued use of the Waterous Website after such changes have been posted indicates your acceptance of the changes.
1.0 USE OF THE Waterous Company WEBSITE
Waterous, through this Waterous Company Website is providing information Waterous believes is relevant for some of its customers, suppliers, employees, potential customers, potential suppliers or others. The information available on the Waterous Website is for informational purposes only, and is not to be used for any other purposes. All materials on the Waterous Website are developed by Waterous employees, officers, directors, agents, or contractors, and are the sole and exclusive property of Waterous.
Waterous shall have the right to deny access to the Waterous Company Website to anyone that Waterous deems unfit to use its Waterous Company Website for any reason. Waterous has no obligation to monitor the use of the Waterous Company Website; however, it reserves the right to do so.
When accessing or using the Waterous Company Website, you agree that you shall comply with all applicable laws. In addition to the other obligations you accept in these Terms, you agree that you will not:
(A) transmit any material that contains software viruses, worms, trojan horses, or any other computer code, files or programs designed to interrupt, destroy, limit, or interfere with the functionality of the Waterous Company Website, the computers and other equipment which host the Waterous Company Website, or the computers and other equipment utilized by other visitors to the Waterous Company Website; or
(B) post on the Waterous Company Website any materials containing defamatory, abusive, profane, threatening, offensive, obscene, pornographic, anticompetitive, or illegal materials;
(C) conduct or forward spam, chain letters, unsolicited advertising, promotional materials, unsolicited e-mail, or any other illegal materials; or
(D) create user names and/or passwords for anyone other than your employees nor use existing user names and/or passwords to access any portion of the Waterous Company Website under false pretenses or for an unauthorized purpose.
2.0 OWNERSHIP OF THE INFORMATION
The Waterous Company Website contains material which is protected by copyright and trademark laws. You may not modify, publish, republish, copy, reproduce, sell, participate in the sale or transfer, license, copy, upload, post, transmit, distribute in any way, or create derivative works from any information, content or material on this Waterous Company Website. You may download material from this Waterous Company Website only for your personal, non-commercial use, provided all copyright and other proprietary notices remain intact and unchanged on all downloaded materials. You agree that you do not acquire any ownership rights in any such materials as a result of downloading such materials from the Waterous Company Website.
The trademarks and service marks on the Waterous Company Website (the “Marks”) are the sole and exclusive property of Waterous, affiliates or licensors. You do not obtain any rights to use the Marks in any manner or for any purpose by virtue of your use of the Waterous Company Website, and you may not use the Marks for any purpose without obtaining our prior written permission.
Pursuant to Title 17, U.S. Code § 512(c)(2), if you believe you have a claim of copyright infringement based on materials on the Waterous Company Website, present your asserted claim to Waterous’ attention to:
Attn: Mark Severin, Communications Marketing Manager
125 Hardman Avenue South
South Saint Paul, Minnesota 55075
Waterous reserves the right to collect use and user statistics from the Waterous Company Website & or other Waterous marketing platforms (Applications, digital media). Use and user statistics will be used to track information such as visitor interests, which may be used to enhance and improve the Waterous Company Website in the future; however, such use and user statistics do not include personally identifiable information. Generally, no personally identifiable information is tracked or collected on the generally accessible portions of the Waterous Company Website, unless you voluntarily provide such information to Waterous via web forms or surveys on the Waterous Company Website & or other Waterous marketing platforms. However, if you access the My Waterous of this Waterous Company Website by using a particular account authorized by Waterous and/or a user name and password created by the account holder, certain information including your user name and password will be collected and identified with the information Waterous has on file for that user name, and the information and materials you access and actions you take while logged on with that user name, will be tracked by Waterous.
Waterous does not sell or otherwise distribute names or other personally identifiable information to third parties for direct marketing, sales or any other purposes. Except as noted herein, any personally identifiable information received by Waterous is used solely for internal Waterous purposes and is not shared with any nonaffiliated organizations.
The Waterous Company Website is not designed or intended to attract children under the age of 13. Waterous does not collect any personally identifiable information, whether or not such information is voluntarily provided, from any person it actually knows is under the age of 13. If a parent or guardian accesses the Waterous Company Website on behalf of a person under the age of 13, that parent or guardian is responsible for protecting that child’s personally identifiable information.
The Waterous Company Website may contain links to third party websites that are not owned or controlled by Waterous. Waterous has not reviewed the contents of external websites listed on the Waterous Company Website, nor can Waterous endorse such third party websites or the views expressed within. Waterous is not responsible for the contents, truthfulness or propriety of any links to or from the Waterous Company Website. You acknowledge and agree that Waterous is not responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused, by or in connection with use of or reliance on any information, content, goods, or services available on or through any such linked site. These Terms apply only to the Waterous Company Website. Once you enter another website, via a link provided on the Waterous Company Website or by other methods, Waterous is no longer responsible for the privacy practices of or conditions of use for the linked site. You should review the privacy statements of and conditions of use for those Waterous Company Websites as posted on the individual sites.
All links to the Waterous Company Website must be approved in writing by Waterous. Waterous consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on the Waterous Company Website or use other techniques that alter in any way the visual appearance or presentation of any content within the Waterous Company Website; (b) misrepresent your relationship with Waterous; (c) imply that Waterous approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Waterous or otherwise damage the goodwill associated with the Waterous name or trademarks. Any links using Waterous trademarks and logos must be approved in writing. Furthermore, as a condition to being permitted to link to the Waterous Company Website, you agree that Waterous may at any time, in its sole discretion, terminate permission to link to the Waterous Company Website. In any such event, you agree to immediately remove all links to the Waterous Company Website and to cease using any Waterous trademark or logo.
Although Waterous makes every attempt to keep the information on the Waterous Company Website accurate and up-to-date, Waterous cannot attest at all times to the accuracy, usability, and/or completeness of the information contained on this Waterous Company Website. Further, Waterous does not endorse, approve or certify the information provided by others, nor does Waterous guarantee its accuracy, completeness or timeliness. Use of the information is voluntary and reliance on it should only be undertaken after you have independently verified its accuracy, completeness and timeliness.
Waterous makes no warranties or representations concerning the availability or functionality of the Waterous Company Website or that the Waterous Company Website will be accessible on an uninterrupted or error-free basis or that the Waterous Company Website will be free of viruses or other harmful components or programs.
ALL INFORMATION ON THE WATEROUS COMPANY WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND WATEROUS MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECTNESS OF THE INFORMATION AND MATERIAL CONTAINED ON THE WATEROUS COMPANY WEBSITE. WATEROUS EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE WATEROUS COMPANY WEBSITE, THE MATERIAL AND INFORMATION ON THE WATEROUS COMPANY WEBSITE OR YOUR ABILITY TO ACCESS AND USE THE WATEROUS COMPANY WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No information that you submit to Waterous shall prevent Waterous’ purchase, manufacture, development, or use of similar products, services, plans, or ideas for any purpose, and Waterous is free to reproduce, use, disclose, or distribute the information to others without restriction or liability.
Nothing on this Waterous Company Website shall be deemed to create any contractual relationship between you and Waterous or to give you any rights against Waterous for damages of any kind, whether direct, indirect, consequential, or otherwise.
Waterous provides portions of the Waterous Company Website in languages other than English for your convenience. While Waterous makes every effort to provide accurate translations, there may be errors, and Waterous disclaims any and all liability for damages arising out of or resulting from such translation. The English version of all documents is the controlling and/or governing document.
6.0 LIMITATION OF LIABILITY OF WATEROUS
The use of the Waterous Company Website and information contained on the Waterous Company Website is at your own risk. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WATEROUS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, OR THE INABILITY TO USE THE WATEROUS COMPANY WEBSITE OR YOUR RELIANCE ON ANY OF THE INFORMATION ON THE WATEROUS COMPANY WEBSITE, EVEN IF WATEROUS HAS BEEN ADVISED OF SUCH A POSSIBILITY. IF YOU ARE DISSATISFIED WITH ANY MATERIALS OR INFORMATION PROVIDED ON THE WATEROUS COMPANY WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WATEROUS COMPANY WEBSITE.
When you are using the Waterous Company Website, information that you submit will be transmitted via the internet and such transmission is beyond the control of Waterous. Waterous assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Waterous Company Website.
7.0 GENERAL INFORMATION
These Terms and your use of the Waterous Company Website shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of law provisions. By using this Waterous Company Website, you agree that any dispute arising out of or in conjunction with the Waterous Company Website shall be subject to the exclusive jurisdiction of and venue in the state or federal courts sitting in Dakota County, Minnesota. These Terms represent the entire agreement between you and Waterous with regard to use of this Waterous Company Website. These Terms can be altered or amended at any time, without notice, by Waterous by posting such changes to this Waterous Company Website.
Waterous is not responsible for any access to the Waterous Company Website from countries, territories, or other areas where the Waterous’ Company Website’s content may be illegal or otherwise prohibited. If you choose to access the Waterous Company Website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws.
If you have any questions regarding the Waterous Company Website, Waterous or Waterous policies, please contact Waterous at:
Attn: Mark Severin, Communications Marketing Manager
125 Hardman Avenue South
South Saint Paul, Minnesota 55075