IMPORTANT – READ CAREFULLY BEFORE ACCESSING THIS WEB SITE!
By accessing the Water, Inc. web site you accept this Agreement without limitation or qualification.
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND THE PROVIDER, Water, Inc.. BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE.
GRANT OF LICENSE
The provider, Water, Inc., grants you, the end user, a non-transferable, non-exclusive license to browse, respond to and otherwise use this web site, solely for your own personal use, with only one central processing unit at any one time.
- You may not copy, distribute, publicly display or perform, reverse engineer, translate, port, adapt, modify or make derivative works of, or otherwise use any content contained on Water, Inc..
- “Content,” as used throughout this Agreement includes, but is not limited to, any text, sound recordings, musical compositions, lyrics, graphics, images, photographs, databases, logos, motion pictures or other audio-video works, HTML or other files and software technology.
- You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer any content or use it in any manner not expressly authorized by this Agreement.
- You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the web site by reverse engineering, disassembly, decompilation or any other means.
- You shall not use the web site to operate a service bureau or for any other use involving the processing of data of other persons or entities.
- Water, Inc. or other respective owners retain all ownership rights to any content.
- Any content, product, service, program, or technology on this web site is copyrighted, trademarked, patented or otherwise protected by intellectual property rights and may not be copied, distributed, publicly performed or displayed, adapted, modified or made into derivative works, or otherwise used, even if merged with other web sites. Any use of content without express written permission of Water, Inc. or the rightful owner is strictly prohibited. Any such right that is not expressly licensed herein is reserved by Water, Inc. or other rightful owners. You shall not alter or remove any copyright or trademark notice or proprietary legend contained in or on any content.
- All content is available for your non-commercial use only.
- Water, Inc. neither warrants nor represents that your use of the material displayed on its web site will not infringe rights of third parties.
- Images of people or places displayed on Water, Inc. are either the property of Water, Inc. or used with permission. Use of these images by you or other third parties is prohibited unless expressly permitted in this Agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- Any trademarks, logos, and service marks (collectively the “Trademarks”) displayed on Water, Inc., whether registered or unregistered are property of its respective owners. Nothing contained on Water, Inc. should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on Water, Inc. without the written permission of the owner of the Trademark. Misuse of any Trademarks, or any other content, displayed on Water, Inc. is prohibited.
- NO WARRANTY OR LIABILITY. The Water, Inc. sites are provided to you on an AS IS basis.
- You assume the entire risk of loss in using the web site.
- WATER, INC. MAKES AND END USER RECEIVES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
- IN NO EVENT SHALL WATER, INC. BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY USER (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER WATER, INC. HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF WATER, INC.’S DISCLAIMER OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, END USER AGREES THAT WATER, INC.’S LIABILITY SHALL NOT EXCEED $100.00.
- Water, Inc. does not warrant that the web site will meet your needs or expectations, that operations of the web site will be error free or uninterrupted, or that all nonconformities can or will be corrected. The site is complex and may unknowingly contain some nonconformities, defects, viruses or errors.
- While Water, Inc. uses reasonable efforts to include accurate and up-to-date information on its web site, Water, Inc. makes no warranties or representations as to its accuracy. Water, Inc. may periodically add, change, or improve any of the information, products, services, programs, and technology described on its web site without notice. Water, Inc. assumes no liability or responsibility for any errors or omissions in the content.
- Water, Inc. has not reviewed all of the sites which are linked to its web site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. Water, Inc. is not responsible for the contents of any site linked to it; and your connection to any such linked site is at your own risk.
- This is the exclusive and entire Agreement between Water, Inc. and you regarding its subject matter.
- Any legal dispute which may arise from or in connection with this Agreement, web site or its contents will be governed by the laws of the State of Oregon. All parties to any such dispute will submit to the exclusive jurisdiction of the federal and/or state courts of the State of Oregon for all purposes. U.S. Copyright and Federal Trademark laws will be strictly enforced, subjecting violators to substantial civil and/or criminal prosecution.
- You shall pay any taxes on transactions that may occur on the web site.
- If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect.