Terms of Use

WEBSITE TERMS OF USE
Last Modified: April 30, 2026:

Acceptance of the Website Terms

This website located at www.waterous.com (the “Website”), is made available by Waterous Company (“WATEROUS,” “our,” or “we,” ) and use of the Website, together with any documents they expressly incorporate by reference, including any content, functionality, and services offered through or on the Website are governed by these Website Terms of Use (the “Terms”). By accessing or using the Website, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, do not access or use the Website.
Please read these Terms carefully before you start to access or use the Website or any of the services offered on the Website, communicate with WATEROUS through the Website, or access or use any other features provided on the Website (collectively the “Services”).
By accessing and using the Website and its Services, or by clicking to accept or agree to the Terms when this option is made available to you, you acknowledge that you have read, understand, accept, and agree to be bound by and to abide by these Terms and our Privacy Policy, available at https://www.waterousco.com/privacy-policy/ (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website or participate in or access or use the Services.
The Website is only directed towards and intended to be accessed and used by users who are residents of the United States and at least 18 years of age (or the age of majority in the user’s jurisdiction) and who are able to enter into an enforceable agreement with WATEROUS. If you are not a legal adult in your jurisdiction, are not a resident of the United States, or are not able to enter into an enforceable agreement with WATEROUS, this Website is not directed towards or intended for you, and you are not authorized to use the Website and must cease all further access to and use of the Website. By using the Website, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or use or engage with any of its Services. Any conflict arising between these Terms and our Privacy Policy shall be resolved by the Privacy Policy taking precedence with respect to the subject matter in question.

Contents:
Changes to the Terms 2
Accessing the Website 3
Prohibited Uses of the Website and Services 3
Email and Text/SMS Communications 5
No Reliance on Information Posted 5
Information About You and Your Visits to the Website 6
Other Terms and Conditions May Apply 6
WATEROUS Links/Third-Party Services and Links to Third-Party Websites 6
Our Monitoring and Enforcement of the Website 6
Learning Resources, Training Materials, and Interactive Tools 7
Our Trademarks and Intellectual Property Rights 7
Intellectual Property Infringement 8
Geographic Restrictions 9
Disclaimer of Warranties 9
Limitations of Liability 10
Indemnification 10
Dispute Resolution and Arbitration 11
Limitation on Time to File Claims 12
Miscellaneous Terms 12
Your Comments and Concerns 13

Changes to the Terms

WATEROUS may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted, and continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. We also retain the option, but not the obligation, to email you when these Terms are updated.
Your continued use of the Website or participation in the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

WATEROUS may update the content on this Website from time to time, but while WATEROUS makes an effort to keep the content current, WATEROUS does not warrant or guarantee that the content will be complete or up-to-date at any given time.

User Responsibilities and Use of the Website and Services
All users are responsible for making any arrangements necessary or desirable to access the Website, including, but not limited to ensuring access to internet services or wireless data services. You are responsible for ensuring that anyone using the Website using your internet or wireless data services is aware of and complies with these Terms.

WATEROUS grants you a limited, fully-revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Website and Services solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.

You agree not to record, download, or otherwise copy any materials on the Website, including, but not limited to, any of the materials provided as part of the Services, or any other videos, pictures, logos, graphics, or other resources offered on the Website, unless we explicitly grant you permission to do so (such as by providing a link to download the particular material, subject to the restrictions set forth herein).

You also agree not reverse engineer or break into the Website, or use any of our materials, goods, or Services in violation of any law. Your use of this Website is at the sole discretion of WATEROUS, and WATEROUS may terminate your use of this Website at any time and for any or no reason.

Accessing the Website

WATEROUS reserves the right to modify this Website, and any Services or material provided on or through the Website, in its sole discretion without notice to you. You are responsible for making all arrangements necessary for you to access the Website and ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms. We will not be liable if, for any reason, all or any part of the Website or our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services to specific users, which may or may not include you.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account (defined below) is personal to you and agree not to provide any other person with access to this Website using your username, password, or other security information. You agree to notify WATEROUS immediately of any unauthorized access to or use of your username or password or any other breach of security. WATEROUS reserves the right to disable any username, password, or other identifier, whether chosen by you or provided by WATEROUS, at any time.

You are responsible for both:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms and the Privacy Policy.

To access portions of the Website and/or Services, you may be required to set up an account using your personal and business information (your “Account”). It is a condition of your use of the Website that all the information you provide on the Website, including when contacting WATEROUS or otherwise participating in the Services, is correct, current, and complete. You agree that all information you provide in connection with your access to and/or use of the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We expressly reserve the right to limit and/or deny you access to and use of some or all of the Website and Services in our absolute and sole discretion, for any reason, and for any period of time, including indefinitely.

Prohibited Uses of the Website and Services

You may use the Website only for lawful purposes and in accordance with these Terms.

You agree not to use the Website:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of goods, data, or software to or from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate WATEROUS or any of its affiliates, an employee of WATEROUS or any of its affiliates, another user, or any other person or entity that is not you (including, without limitation, by using email addresses, usernames, contact information, or Account credentials associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by WATEROUS in our sole discretion, may harm WATEROUS or users of the Website or Services, or expose WATEROUS, Website users, or any third party to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website or Services, including, but not limited to, introducing malware onto the Website, using automated means to access the Website, or using devices, software or routines that interfere with proper operation of the Website
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, spyware, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, cloud storage, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Email and Text/SMS Communications

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Website or Services (collectively, “Communications”) through electronic means including, but not limited to: (a) email, using the email address that you provide to us; (b) short messaging service (“SMS”) and text messages, using the mobile number that you provide to us; (c) push notifications, using the mobile number that you provide to us; or (d) by posting the Communications on the Website or in connection with the Services. The delivery of any Communication from WATEROUS is effective when sent by us, regardless of whether you read the Communication, when you receive it, or whether you actually open the delivered Communication. You can withdraw your consent to receive Communications by email by selecting the “Unsubscribe” option. You can opt out of receiving future Communications through phone or SMS and text message by replying “STOP” or by contacting WATEROUS directly using the information in the <<Your Comments and Concerns>> section at the end of these Terms. Should you choose to opt out of receiving Communications, but you continue to use our Website and/or the Services, you are responsible for reading the content on our Website regarding any policy changes.

No Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. WATEROUS does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WATEROUS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WATEROUS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WATEROUS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

All information you provide to WATEROUS or that we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by WATEROUS with respect to your information in compliance with the Privacy Policy and applicable law.

Other Terms and Conditions May Apply

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

WATEROUS Links/Third-Party Services and Links to Third-Party Websites

You may link to WATEROUS’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of WATEROUS’s reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by WATEROUS.

The Website may provide certain social media features. You may use these features solely as they are provided by WATEROUS, solely with respect to the content with which they are displayed and in accordance with any additional terms and conditions we provide with respect to such features. You agree to cooperate with WATEROUS in promptly removing any unauthorized framing or linking of the Website. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

The Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. WATEROUS has no control over the content of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. These links are not express or implied endorsements or approvals by WATEROUS of any goods, services or information available from these websites. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Our Monitoring and Enforcement of the Website

We do not and cannot review all information transmitted to or through the Website, but we reserve the right to do so.

We also have the right to, without limitation:• Take any action with respect to your access to and use of the Website and Services that we deem necessary or appropriate in our sole discretion, including if we believe your access to and/or use violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the

Website or the public, or could create liability for WATEROUS.

• Disclose your identity or other information about you to any third party who claims that you have violated their rights, including their intellectual property rights or their right to privacy.
• Remove any material on the Website at any time, without notice to you, for any or no reason, in our sole discretion.
• Suspend, terminate, delete, or revoke access to your Account or to all or part of the Website or Services at any time, for any or no reason, including, without limitation, any violation of these Terms.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing WATEROUS to disclose the identity or other information of anyone accessing the Website or Services. YOU WAIVE AND HOLD HARMLESS WATEROUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Learning Resources, Training Materials, and Interactive Tools
The Services may include access to educational resources, training materials, demonstrations, interactive tools, 3D product visualization, and other content made available by WATEROUS (the “Learning Resources”). Subject to your compliance with these Terms, WATEROUS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Learning Resources solely for your internal business or personal educational purposes in connection with your use of the Services.

Unless expressly stated otherwise, the Learning Resources are provided for informational and educational purposes only and do not constitute professional or technical advice. WATEROUS may modify, update, suspend, or discontinue any Learning Resources at any time without notice and has no obligation to maintain or support any specific content. Without limiting the foregoing, WATEROUS makes no warranties with respect to any Learning Resources, training materials, or interactive tools made available through the Services. You are solely responsible for verifying any information before relying on it for any decisions. The Learning Resources are not intended to replace independent judgment.

Our Trademarks and Intellectual Property Rights
The Website and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, training materials, content, designs, graphics, the Learning Resources, and arrangement thereof) are owned by WATEROUS or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as permitted by these Terms.

WATEROUS’S name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WATEROUS or its affiliates or licensors. You must not use such marks without the prior written permission of WATEROUS. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except to access the Website and participate in the Services consistent with the terms and intent of these Terms. If we provide you with a link to download certain resources or materials from the Website, then you may do so; however, you are expressly prohibited from further distribution, public performance, or public display of any materials downloaded or otherwise obtained through the Website, regardless of whether we provide you with the ability to download such materials.

You must not:

• Modify copies of any materials from the Website or the Services; or

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or the Services.

Any permission granted to you by these Terms terminates automatically if you violate these Terms or our Privacy Policy. No right, title, or interest in or to the Website, the Services, or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by WATEROUS. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. WATEROUS expressly reserves all rights in and to its intellectual property, including the right to pursue any and all legal remedies it may have should your breach of these Terms constitute intellectual property infringement under applicable international, federal, and/or state law.

If you wish to make any use of material on the Website other than that set out in this section, or are unsure whether a certain use of material would violate the terms of this section, please address your request to the email address provided in the <<Your Comments and Concerns>> section at the end of these Terms.

Intellectual Property Infringement
If you believe that any materials on the Website, violate your or any third party’s intellectual property rights, you may contact WATEROUS using the information provided in the <<Your Comments and Concerns>> section below. When doing so, please provide the following information: (1) a clear statement identifying the works or marks that you believe to be infringed, such as copyright, patent, and/or trademark registration/serial numbers and depictions of the same; and (2) sufficient information about the location of the allegedly infringing materials so that we can find and verify their existence and take appropriate action.

Geographic Restrictions
WATEROUS provides this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties
WATEROUS cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WATEROUS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WATEROUS NOR ANY PERSON ASSOCIATED WITH WATEROUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WATEROUS NOR ANYONE ASSOCIATED WITH WATEROUS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WATEROUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WATEROUS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WATEROUS, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, DEMANDS OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES), AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES OTHER THAN AS PERMITTED BY THESE TERMS. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

Not withstanding the foregoing, WATEROUS expressly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WATEROUS, and you agree to cooperate, at your expense, with our defense of any such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Dispute Resolution and Arbitration
Except as otherwise set forth in these Terms, you hereby agree to resolve any and all past, present, or future claim, controversy, or dispute of any description (each, a “Dispute”) arising as a result of your use of the Website or the Services, solely pursuant to the terms of the sections below.
• Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution (“Management Resolution”).
• Arbitration. Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute you have arising out of, relating to, or in connection with your relationship or dealings with WATEROUS (including any of its predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on their behalf) shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BY AGREEING TO THESE TERMS. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE. You and WATEROUS agree that the arbitrator selected to resolve the Dispute shall also have exclusive authority to resolve all gateway issues of arbitrability, including without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision, the Terms, or the Privacy Policy; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You and WATEROUS agree and understand that these methods shall be the sole remedy to resolve any controversy or claim arising from or related to the Dispute, and you and WATEROUS expressly waive the right to file a lawsuit in any civil court against the other party for such Disputes, except to enforce an arbitration decision or to compel arbitration.
• Location. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the City of Birmingham and County of Jefferson, Alabama, United States.
• Attorneys’ Fees. Under any event of Arbitration, including but not limited to any action to compel, enforce award of Arbitration or seek injunctive relief pursuant to these Terms, the prevailing party shall be entitled to an award of their reasonable attorney’s fees and costs for such proceeding, including any related trial or levels of appeal.
• Injunctive Relief. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
• Class Action Waiver. Notwithstanding any rule or procedure of the AAA, you and WATEROUS agree that any Dispute filed against each other must be on an individual basis and not as a class or collective action. You agree that the arbitrator shall be restricted to resolving only the Dispute between you and WATEROUS and will not be allowed to conduct any consolidated or class-wide arbitration proceedings involving claims or disputes of other persons. You waive any right to represent others in a class action or to participate as a class member in any class action.
If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Jefferson County, Alabama, United States, and you and WATEROUS hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Miscellaneous Terms

Governing Law and Jurisdiction
All matters relating to the Website, these Terms, your use of the Website, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham and County of Jefferson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability
No waiver by WATEROUS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WATEROUS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement
These Terms, along with any documents incorporated herein by reference, constitute the sole and entire agreement between you and WATEROUS regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website and/or Services.

Your Comments and Concerns
This Website is operated by WATEROUS Company.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@waterousco.com.