TERMS AND CONDITIONS FOR AquiMax®

TERMS AND CONDITIONS FOR AquiMax®

Introduction

THESE WEBSITE STANDARD TERMS AND CONDITIONS SHALL MANAGE YOUR USE OF THIS WEBSITE. THESE TERMS WILL BE APPLIED FULLY AND AFFECT TO YOUR USE OF THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREED TO ACCEPT ALL TERMS AND CONDITIONS WRITTEN HERE. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND AQUIMAX® MAY REFUSE ACCESS TO THE WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THESE WEBSITE STANDARD TERMS AND CONDITIONS. YOU MUST NOT USE THIS WEBSITE IF YOU DISAGREE WITH ANY OF THESE WEBSITE STANDARD TERMS AND CONDITIONS.

Minors or people below 13 years old are not allowed to use this Website.

Intellectual Property Rights

You agree that this Website contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Website.

You are granted limited license only for purposes of viewing the material contained on this Website. Your license to this Website and the material contained hereon is specifically subject to your prior acceptance of these terms and conditions.

THE USE OF THIS WEBSITE OTHER THAN AS PERMITTED IN THESE WEBSITE STANDARD TERMS AND CONDITIONS IS STRICTLY PROHIBITED AND INFRINGES ON INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR ANY SUCH INFRINGEMENT.

Restrictions

You are specifically restricted from all of the following:

  • • publishing any Website material in any other media or otherwise reproducing this Website in any form or by any means, or creating derivative works based on this Website;
  • • modifying, renting, leasing, loaning, distributing, selling, sublicensing and/or otherwise commercializing any Website material;
  • • publicly performing and/or showing any Website material;
  • • using this Website in any way that is or may be damaging to this Website;
  • • using this Website in any way that impacts user access to this Website;
  • • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity, or to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
  • • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • • using this Website to engage in any advertising or marketing.

Certain areas of this Website may be restricted from being accessed by you, and AquiMax® and/or its licensors reserve the right to change, suspend, remove, or disable access to the Website at any time without notice. In no event will AquiMax® and/or its licensors be liable for the removal of or disabling of access to the Website. AquiMax® and/or its licensors may also impose limits on the use of or access to the Website, in any case without notice or liability. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Consent to Use of Data

You agree that AquiMax® and/or its licensors may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services related to the Website. AquiMax® and/or its licensors may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Services; Third Party Materials

The Website may enable access to AquiMax®, its licensors, and other third party services and websites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. You are solely responsible for obtaining all equipment and software necessary for you to access and use the Website and the Services and for the compatibility thereof with the Website, and for paying all fees, including without limitation all taxes and carrier data fees, necessary to use the Website and the Services. You agree to use the Services at your sole risk and that AquiMax® and its licensors shall have no liability to you in any way for any Services. AquiMax® is not responsible for examining or evaluating, and AquiMax® does not warrant the content of any third party services or websites or assume any responsibility or liability for the actions, products or content of any third party services or websites. You should carefully review their privacy statements and other conditions of use.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

The applicable licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will such licensor be liable for the removal of or disabling of access to any such Services. The applicable licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant AquiMax® a non‐exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third‐party’s rights. AquiMax® reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AQUIMAX™ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS WEBSITE AND ANY CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON‐INFRINGEMENT OF THIRD PARTY RIGHTS. AQUIMAX™ DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THIS WEBSITE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THIS WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THIS WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR‐FREE, OR THAT DEFECTS IN THIS WEBSITE OR ANY CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AQUIMAX™ OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of liability

In no event shall AquiMax®, nor any of its officers, directors, employees or agents, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability arises under contract, tort or otherwise. AquiMax® and its officers, directors, employees and agents shall not be held liable for any indirect, consequential or special liability whatsoever, including without limitation damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, however caused, arising out of or in any way related to your use of or inability to use this Website, even if AquiMax® or its licensors have been advised of the possibility of such damages. You further agree that AquiMax® and its licensors, and their officers, directors and employees, are not in any way responsible for any use of the Website by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of your use of this Website.

Indemnification

By using the Website, you agree to indemnify, defend and to the fullest extent hold AquiMax® and its licensors, and their officers, directors, employees and agents, harmless from and against any and/or all liabilities, costs, demands, causes of action, damages and/or expenses arising in any way related to your use of the Website or breach of any of the provisions of these Website Standard Terms and Conditions. In addition to indemnity, you waive any and all claims of any kind against AquiMax® and its licensors, and their officers, directors, employees and agents, including any counterclaim, cross claim, or claim to contribution.

Severability

If any provision of these Website Standard Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

AquiMax® is permitted to revise these Website Standard Terms and Conditions at any time as it sees fit, and by using this Website you are expected to review these Website Standard Terms and Conditions on a regular basis.

Assignment

The AquiMax® is allowed to assign, transfer, and subcontract its rights and/or obligations under these Website Standard Terms and Conditions without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Website Standard Terms and Conditions.

Entire Agreement

These Website Standard Terms and Conditions constitute the entire agreement between AquiMax® and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Website Standard Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Wisconsin. Your use of the Website may also be subject to other local, state, national, or international laws. All disputes arising out of your use of this Website that cannot be resolved within thirty (30) days after receipt of written notice from one party to the other shall be settled by mediation and, if necessary, legally binding arbitration before a single arbitrator appointed by the American Arbitration Association or such other conciliation or alternative dispute resolution service as agreed by the parties. All costs of such mediation and arbitration shall be split evenly between the parties. The parties understand that these methods shall be the sole and exclusive remedy for any such dispute arising from or related to this Website and expressly waive their right to file a lawsuit in any civil court or proceeding in any administrative body against one another for such disputes, except to enforce an arbitration decision, including judgment on such decision, which shall be subject to the exclusive jurisdiction of the state and federal courts located in Walworth County, Wisconsin, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, and to such locality for any and all mediation and/or arbitration proceedings. Notwithstanding the foregoing, AquiMax® shall have the right to pursue protection of its intellectual property rights in any court of competent jurisdiction.