THIS WEB SITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS CONTAINED HEREIN (COLLECTIVELY, THE "TERMS"). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS OF SERVICE.
By virtue of using or registering to use this Web Site (hereinafter "Site"), you become a Web Site user (hereinafter "User"). As a User, you will be granted access to the Site. In addition to the terms and conditions of this Agreement, you may be asked to agree to added terms and conditions when using different parts of the Site (All of terms and conditions of this Agreement, along with such additional terms and conditions, are included in the definition of "Terms"). As a condition of your use of the Site, you warrant to Waters Choice that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. Waters Choice reserves the right to alter, change, modify, add, or delete any of the Terms, in whole or in part, at any time and at its discretion. Please make sure you review the Terms periodically for such changes. The subsequent use of the Site after such Terms are posted on the Site will mean that you accept such new Terms. Waters Choice may discontinue or alter any aspect of this Site, including, but not limited to:
(i) Restricting the time of availability;
(ii) Restricting the availability and/or scope of the Site for certain users;
(iii) Restricting the amount of use permitted;
(iv) Restricting or terminating any user's right to use the Site.
The forgoing shall be in Waters Choice's sole discretion and without prior notice or liability.
The Terms contained herein shall be considered a legally binding agreement between you and Waters Choice. This Site is only available to individuals and to companies who are willing to accept the Terms. Without limiting the foregoing, the Site is not available for use by minors. If you do not qualify, please do not use the Site. By use of the Site you represent that you accept the Terms and intend to be personally bound by them, or that you have been authorized to accept these Terms on behalf of your company or another. If you are not authorized to use the Site or do not intend to be personally bound to the Terms, then you should not use the Site. If you accept the Terms on behalf of an entity on whose behalf you are authorized to act, you may use the Site only on behalf of such entity. Additionally, if you intend only to be personally bound, use of the Site is limited to your personal use. Without limitation, any speculative, false or fraudulent requests or responses to such requests are prohibited. Waters Choice may refuse use of this Site to anyone at any time or remove any User from the Site at any time, in its sole discretion. You acknowledge that, other than original government works and other public domain materials, this web site contains information, graphics and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Waters Choice owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
The Site may be used only for lawful purposes. Waters Choice specifically prohibits any use of the Site for unlawful purposes, and User agrees not to use the Site for any unlawful purposes, or for posting any incomplete, false or inaccurate information, or any obscene, indecent or offensive language or to place on the Site any material that is false, defamatory, abusive, harassing or hateful.
You may not:
(a) Modify, translate, reproduce or produce a source listing, decompile, disassemble, or reverse engineer the Site or any portion thereof;
(b) Create derivative versions of any part of the Site;
(c) Lease, convey, transfer or grant any rights in the Site in any form;
(d) Use the Site for any purpose that Waters Choice deems to be inappropriate.
You may not use any device, software or routine to interfere or attempt to interfere, or which has the effect of interfering with the proper working of the Site. Waters Choice and the Waters Choice logo are trademarks of Waters Choice. Except as set forth in this Agreement, reproduction, redistribution or retransmission of any information in the service without the written permission of Waters Choice is strictly prohibited. You agree not to use or permit anyone to use the information provided through the Site for any unlawful or unauthorized purpose, or in any other manner not permitted in the Terms.
The Site may contain links to other Web Sites operated by parties other than Waters Choice ("Third-Party Sites"). Waters Choice's links to such other sites does not imply any endorsement of the products, services or material on such Third-Party Sites or any association with their sponsors or operators. Waters Choice expressly disclaims any responsibility for all content, services or products available through such Third-Party Sites. Linking to any other site from this Site is at your own risk.
Except as otherwise provided, items on this site are copyrighted by Waters Choice, with all rights reserved. All other products are trademarks of their respective holders. The information contained in the Site does not constitute legal advice, and Waters Choice claims no responsibility for the accuracy, content selection or omission or availability of information accessed through use of its service. No information provided on this site should be used as a substitute for the advice of competent counsel. The Site contains proprietary materials such as emblems, logos, text, software, photos, video, and graphics. As between you and Waters Choice, Waters Choice is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, patents, copyrights and trademarks.
In using the Site, you agree not to copy, upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Waters Choice's prior written consent. Waters Choice controls and operates the Site from its offices in the United States of America and makes no representation that the content or templates are appropriate for use in other locations. You agree to comply with all U.S. and other export laws. If you are using the Site from other locations, you are responsible for complying with any applicable local laws, including but not limited to the export and import regulations of other countries.
Waters Choice hereby grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation:
(a) Any resale or commercial use of the Site, its contents (including, without limitation, Waters Choice's proprietary software or technology) or the Site;
(b) The collection and use of any e-mail or user information or Listings;
(c) Making derivative uses of the Site or its contents;
(d) Use of any data mining, robots, or similar data gathering and extraction methods;
This limited right may be revoked at any time.
You may not use Waters Choice's logo or other proprietary graphic or trademark of Waters Choice to link to the Web Site without the express written permission of Waters Choice. You may not copy, download, store, publish, transmit, transfer, sell or use any part of the Data except:
(a) As permitted by this Agreement
(b) With Waters Choice's prior written permission
(c) If not prohibited by this Agreement or as allowed under the Fair Use provision of the U.S. Copyright Act.
The information, resources and forms contained on the Site may not be stored in an archival or other searchable database. You may not sell, license or distribute any of the information or forms on the Site in any format to third parties or use the information and forms as a part of or as a basis for any material offered for sale, license or distribution.
This Agreement, the Terms, the Site and any modifications thereto may not be assigned or in any way transferred without the prior written consent of Waters Choice. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Idaho, United States of America, without giving effect to the principles of conflict or choice of law of such state. You hereby consent to the exclusive jurisdiction and venue of all courts in Ada County Idaho, U.S.A., in all disputes arising out of or relating to the use of the Site. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
The Terms constitute the entire agreement between you and Waters Choice with respect to the subject matter covered herein, including use of the Site and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us with respect to said subject matter. This Agreement may not be modified except by a written agreement. Waters Choice reserves the right, in its sole discretion to immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of all or any portion of the Site. You expressly acknowledge and agree that your use of the Site, any Sites or goods obtained or sites linked to through the use of the Site, and any data transmitted through the Site is at your sole risk.
YOU AGREE THAT USE OF THE WEB SITE AND SERVICES PROVIDED THROUGH THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. WATERS CHOICE'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEB SITE. SPECIFICALLY, WATERS CHOICE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
(a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT SELECTION OR OMISSION OF INFORMATION, PRODUCTS OR SERVICES;
(b) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WATERS CHOICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER WATERS CHOICE NOR ANY OF ITS PARTNERS, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD EACH OF WATERS CHOICE ITS DIRECTORS AND OFFICERS, PARTNERS, AGENTS AND AFFILIATES HARMLESS FROM ANY CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, ARISING OUT OF OR RELATED TO ANY VIOLATION BY YOU, OR ANY PARTNER, AGENT OR AFFILIATE OF YOURS, OF THIS AGREEMENT INCLUDING THE TERMS. YOU WILL INDEMNIFY AND HOLD WATERS CHOICE AND ITS AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES, HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF
(a) ANY USE OF THE SITE, THIRD-PARTY SITES, OR RELATED GOODS OR SITES;
(b) ANY BREACH OF THE TERMS;
(c) ANY UPLOADING, DOWNLOADING, OR REPRODUCTION OF ANY CONTENT OR DATA FROM THE SITE, OR ANY THIRD-PARTY SITE;
THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND WATERS CHOICE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WATERS CHOICE NOR ITS LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER, HOWEVER, IN SUCH JURISDICTIONS THE LIABILITY IS LIMITED TO THE AMOUNT OF $500.00. IN NO EVENT WILL WATERS CHOICE BE LIABLE TO USER OR ANY PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SITE OR ANY OTHER SITES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SITE. USER SHALL COMPLY WITH ALL APPLICABLE LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING ITS USE OF THE SITE.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE FOREGOING TERMS & CONDITIONS PLEASE DO NOT USE OUR WEBSITE.