IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY Nothing in this material is intended to override the corporate separateness of local entities. Working relationships discussed in this material do not necessarily represent a reporting connection, but may reflect a functional guidance, stewardship, or service relationship.
1. Changes and Special Additional Terms and Conditions
Home Water may revise the General Terms at any time without notice. You should revisit this Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.
You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.
2. Use of the Site
Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
"Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e mail addressee).
Infringement. You are prohibited from using the Site or Services to infringe on any person's copyright, trademark, patent, or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent, or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate. Other Prohibited Actions. In using the Site or Services, you must not:
Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Site and Services any manner. No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Home Water.
Printing. You may download and print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase of any Home Water products, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.
3. Trademark and Copyright
Home Water and certain other brands, trademarks and services marks are marks of Home Water and its affiliates. Not all marks of Home Water will appear on this Site and not all products or services listed on this Site are available for sale in every country. Some products or services may be marketed under local trademarks in specific countries. Marks of third parties may appear on this Site when referring to those entities or their products or services. Third party marks displayed on this site are owned by their respective owners.
The user may forward, distribute, and/or photocopy copyrighted materials Home Water located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a website.
4. Privacy Statement
> Click here to view the Home Water Privacy Statement.
5. No Warranty
This Site and Services are provided "As Is" and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, Home Water disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Home Water does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Home Water does not make any warranties or representations regarding the use of contents of this Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
6. Limitation of Liability
Home Water shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, even if Home Water has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services. 7. Non-Confidentiality of User Materials
You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in Home Water’s Privacy Statement or separate written agreement between you and Home Water, you give Home Water an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Home Water has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.
8. Use of Third Party Websites
As a convenience, Home Water may provide links to websites operated by third parties. If you decide to access a third party's website through a link provided by this Site, you do this at your sole risk. Home Water is not responsible for any viruses or other damaging elements encountered in linking to a third party website. Home Water makes no warranty or representation regarding and if not responsible for the linked websites or the content of such websites.
9. User Communications Areas
The Site may contain areas where users communicate with each other, including but not limited to blogs, bulletin boards, calendars, chat areas, or personal web pages. Home Water has the right but not the obligation to monitor or review any part of the Site or the Services including the user communication areas. However, Home Water shall have no liability related to the content of any communications made in these areas.
10. Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated by Home Water from various offices in Canada and the United States. Home Water makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or
available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site, Services or materials accessed on or described on the Site by persons or from countries who are sanctioned by Canada or the United States is specifically prohibited. Those who access the Sites or Services so do on their own and are responsible for compliance with all applicable Canadian, US, and local laws. You may not export or re export any Services, information or materials accessed on or described on this Site except in full compliance with all Canadian and United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the Canada or the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site. 11. Indemnity of Company
You agree to indemnify, hold harmless, and defend Home Water. (including subsidiaries and affiliates of Home Water., hereinafter "Home Water") as well as Home Water officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account of the terms and conditions of this Agreement. 12. Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of Ontario, Canada (without giving effect to its principles of conflict of laws). Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action. 13. Special Note for Parents
Portions of this Site and Services may be of special interest to children but Home Water does not seek through this Site to gather personal information from persons under the age of 17.
14. How to Contact Us
If you have any questions or concerns about the online statement for this Site or its implementation you may contact us at:
Attn: Customer Service
PO Box 961
15. Authority and Consent to Provide Payment Information
I/We authorize Filter Group, DBA Home Water (“Home Water”), and the credit card/financial institution designated (or any credit card/financial institution I/we may authorize at any time) to begin deductions as per my/our instructions for monthly regular recurring payments and/or one-time payments from time to time, for payment of all charges arising under my/our Home Water account(s). Regular monthly payments for the full amount of services delivered will be debited to my/our specific account. This authority is to remain in effect until Home Water has received written information from me/us of its charge or termination. This notification must be received at least three (3) business days before the next debit is scheduled at the address provided below.
Home Water may not assign this authorization, whether directly or indirectly, by operation of law, change of control, or otherwise, without providing at least ten (10) days prior written notice to me/us.
I hereby consent to Home Water or its authorized outside agencies to access, use and update information about my credit, financial and related personal or business information (including a consumer or credit bureau report) from any credit bureau/reporting agency from time to time. I understand that Home Water may disclose my credit and personal information to its lenders, affiliates, partners, and or assignees for the purpose of managing its payment risk and as required by law.
I hereby waive my right to receive pre-notification of the charge amount and agree that I do not require advance notice of the amount before the payment is processed.