Terms of Use

PLEASE REVIEW THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“THE SITE” OR “THIS SITE”). THIS SITE IS PROVIDED TO THE USER (“YOU”) BY WELLMATE PENTAIR WATER (“US” OR “WE”).

1. Acceptance of Terms of Use.
By using this Site, or accessing any information on this Site, you agree to these Terms of Use. If you do not agree to the following Terms of Use, do not use the Site or download any materials from the Site. These Terms of Use constitute the entire and only agreement between us and you regarding your use of this Site. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, and the subject matter of these Terms of Use, are specifically disclaimed. These Terms of Use may be amended at any time by us without notice to you. These Terms of Use will be updated periodically and you should review these Terms of Use prior to using this Site, and again from time to time when you return to this Site.

2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the “look and feel” of this Site, are protected under applicable copyrights and other proprietary rights (including but not limited to intellectual property rights) and are our property. You may not use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Site, except as expressly permitted by Sections 4 and 5 of these Terms of Use.

3. Trademarks.
All trademarks and trade names used on this Site are trademarks and/or registered trademarks of ours or our affiliates or other third parties. The copying, redistribution, use or publication by you of any third party marks is strictly prohibited. The copying, redistribution, use or publication by you of any of our marks, except as expressly allowed by Sections 4 and 5, is strictly prohibited.

4. Limited Right to Use the Site.
(a) You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal and non-commercial use. You may not modify, copy, transmit, display, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from or make other use of the content of this Site. No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. The authorization granted does not include any transfer of title.

(b) Your activities on the Site shall not: (i) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) contain or subject this Site to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of its ISPs or other suppliers; or (iv) modify or alter any part of this Site, including, without limitation by (A) providing a link directly or indirectly to any other site from this Site or (B) modifying or altering any material on this Site.

(c) Without our express prior approval, you shall not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. You shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Site.

(d) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Site for any reason, at any time, without notice.

5. Linking to the Site.
Except as provided in this Section 5, all links from your web site to the Site must receive our prior written approval. Notwithstanding the foregoing, we hereby consent to links from your web site to the Site which: (a) the limited purpose is to promote our goods and services; (b) only link to the homepage of the Site and not to “deeper” pages or graphics of the Site; (c) do not use any of our trademarks or logos for the form of the link or otherwise; (d) do not suggest an affiliation with or endorsement by us of you or your products or services; (e) do not place the Site in a frame within your web site when the link is activated; and (f) do not cause confusion with, dilute, or damage our reputation or goodwill or any of our goods or services, as determined by us in our sole discretion. We reserve the right to terminate the above consent at any time in our sole discretion.

6. Editing, Deleting and Modification.
We have the right, in our sole discretion, but not any obligation, to refuse to post, modify or remove any material submitted to or posted on the Site and to terminate, change, or suspend any aspect of the Site at any time. Without limiting the foregoing, we have the right to remove any material that we in our sole discretion, find to be in violation of any provision hereof or otherwise objectionable in our sole discretion.

7. Indemnification.
You agree to indemnify, defend and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms of Use and/or your use of the Site.

8. No Warranty and Disclaimer of Liability.
(a) THE INFORMATION AND MATERIALS PROVIDED FROM, AT OR THROUGH THIS SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND MATERIALS PROVIDED AT THIS SITE OR THE SITE ITSELF MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE OR ANY INFORMATION OR MATERIALS PROVIDED AT THIS SITE.

(b) NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE. FURTHER, AND WITHOUT LIMITATION, NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

(c) YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED BY US WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.

9. Limitations on Information.
In compiling this Site, we have made a determined effort to present its contents accurately. However, reliance on the contents of this Site for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Neither we nor our affiliates shall be responsible for any errors of any kind (typographical or otherwise).

10. Use of Information Provided by the User.
We reserve the right, and you authorize us, to use all information regarding your use of this Site and all information provided by you in any manner consistent with our Privacy Policy. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You grant us the right to edit, copy, display, publish and distribute any materials made available on the Site by you.

11. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. Neither we nor our affiliates shall be liable to you for any damages, including without limitation, indirect, special, incidental, or consequential damages, that may result from any violation of the Privacy Policy.

12. Links to Third Party Web Sites.
The Site may contain links to other web sites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the content, accuracy or opinions expressed in such web sites, and we have not investigated, monitored or checked for accuracy or completeness of any of these sites. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.

13. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) Description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the Site is Linda Belisle, who can be reached by mail at 5500 Wayzata Boulevard, Suite 800, Golden Valley, Minnesota 55416; phone: 763-656-5258; email: copyrightagent@pentair.com.

14. Information and Press Releases.
The Site contains information about us and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Information about entities other than us and our affiliates contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

15. Miscellaneous.
These Terms of Use and the agreement created by your acceptance of them through your use of the Site shall be treated as though executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota (without regard to conflict of law principles). We do not make any representations or warranties regarding the use of or access to this Site outside of the United States and you are responsible for compliance with all applicable laws when using this Site. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these Terms of Use. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with these Terms of Use shall be brought solely in state or federal courts located in the State of Minnesota. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of these Terms of Use be held invalid or unenforceable, the remaining portions of these Terms of Use shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall control. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

We hope that you enjoy your visit to this Site and find it informative. Thank you.

© 2010 WELLMATE Pentair Water. All rights reserved.