Last updated: June 12, 2018
Unless the context indicates otherwise, as used in these Terms, (a) “Watkins Manufacturing,” “Watkins”, “us,” “we” and “our” refer to Watkins Manufacturing and its parent, subsidiaries and affiliates, and (b) “Content” refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information or materials provided by us on, through or in connection with this Web Site, including user interfaces and the selection, coordination and arrangement of such information or materials.
BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 14 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
1. Changes to this Site or these Terms
We may change or discontinue all or part of this Web Site (including access to this Web Site via any third-party links) at any time without prior notice or obligation to you; charge, modify or waive any fees required to use this Web Site; or offer opportunities to some or all Web Site users. We may also change these Terms at any time by notifying you of such changes by any reasonable means, including posting revised Terms through the Site. Any such changes to the Terms will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your continued use of the Site after such changes have been posted will constitute your acceptance of the changes to these Terms. The “Last Updated” legend above indicates when these Terms were last changed.
2. Information Submitted Through the Site
3. Intellectual Property
The Site is owned and operated by Watkins in conjunction with others pursuant to contractual arrangements, and the Site, including any Content (and any intellectual property and other rights relating thereto), is and will remain the property of Watkins and its licensors and suppliers. The Site, including any Content, and the selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other intellectual property or proprietary rights and laws, and you acknowledge that these rights are valid and enforceable.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Watkins, our third party licensors or their respective owners, and are protected under United States and international trademark and other proprietary rights and laws. The trade names, trademarks and service marks owned by Watkins, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
The Site, or some areas of the Site, may require you to be or become registered with the Site. When and if you register with the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your use of the Site (or any portion thereof).
As part of the registration process, you will be asked to select a username and password. We may reject, or require that you change, any username, password or other information that you provide to us in registering, including if such information impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You are responsible for maintaining the confidentiality of your user name and password and such username and password are for your personal use only. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.AquaterraSpas.com and immediately notify us of the problem by sending us an email through the Contact Us section or by calling Customer Care at 1-888-961-7727. You are entirely responsible for any and all activities that are conducted through your user account (including Purchases (as defined below), as applicable) whether or not authorized by you.
5. Your Limited Rights
Subject to your compliance with these Terms, and solely for so long as you are permitted by Watkins to access and use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under these Terms, on any single device, solely for your personal, informational and non-commercial use.
6. Prohibited Uses
You shall not, in connection with the Site, do any of the following:
Reproduce, upload, post, transmit, display, sell, modify, adapt, translate, create derivative works of, rent, lease, loan, timeshare, distribute or otherwise use or exploit the Site or any portion thereof, except as expressly authorized herein, without our prior written consent;
Reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to determine the source code or trade secrets of the Site, except where such restriction is expressly prohibited by applicable law;
Violate or attempt to violate the security of the Site;
Restrict or inhibit any other visitor or member from using the Site, including by means of “hacking” or defacing any portion of the Site;
Use the Site, including any Content, for any commercial purpose or for any fraudulent or otherwise tortious or unlawful purpose;
Impersonate any person or entity, including without limitation any representative of Watkins; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; express or imply that any statements you make are endorsed by us, without our prior written consent; or modify the Site, including any Content, or use it in a manner that suggests an association with us or any of our products, services or brands;
Transmit, post or otherwise make available through or in connection with the Site (a) any content or information that is unlawful, fraudulent, threatening, harassing, degrading, hateful, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable, or otherwise fails to respect the rights and dignity of others; (b) any material, non-public information about companies without the authorization to do so; (c) any material protected by trade secret, copyright, trademark, right of publicity or privacy or any other proprietary right of any third party, without the express prior written consent of the applicable owner; (d) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”; or (e) any advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit, post or otherwise make available through or in connection with the Site any software or other materials that contain any viruses, worms, Trojan horses, Easter eggs, defects, date bombs, time bombs, spyware, or other computer code, file, program or item of a destructive nature that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”);
Remove any copyright, trademark or other proprietary rights notices contained in the Site, including with respect to any Content;
“Frame” or “mirror” any part of the Site, or otherwise incorporate any portion of the Site into any product or service, without our prior written authorization;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “scrape,” “data mine” or otherwise gather Site content or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Watkins grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Watkins reserves the right to revoke these exceptions either generally or in specific cases, at any time and without notice.
Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
Create a database by systematically downloading and storing Site content;
Use the Site to harvest or collect information about Site visitors or members without their express consent; or
Otherwise disrupt or interfere with the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in suspension or termination of your access to the Site.
7. Forums; Submissions; and Public Communication
This Site may enable users to make available certain materials or content (each, a “Submission”), through or in connection with the Site, including on the Site’s interactive services, such as in a chat area, message board or other forum, or through chatting, commenting or email functions or other messaging functionality (each, a “Forum”). Any Forum on the Site is a free service to enable you to share comments about Products (as defined below) on our Site. If you participate in a Forum in connection with the Site, any information you disclose in a Submission may be publicly available and you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, INCLUDING THROUGH A FORUM, YOU DO SO AT YOUR OWN RISK.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, your hereby grant to us and our designees a worldwide, non-exclusive, royalty-free, fully paid-up, worldwide, transferable, sublicenseable (through multiple tiers), assignable, perpetual, irrevocable right and license to reproduce, display and perform (publicly or otherwise), distribute, create derivative works based on, adapt (including edit, modify, translate, and reformat), transmit, make, have made, sell, offer for sale, import and otherwise use, analyze and exploit such Submission, or incorporate such Submission into any format or media now known or later developed, for any purpose whatsoever, including for commercial or promotional purposes, without additional compensation to you or any third party. For all such Submissions, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submissions, and your provision thereof through or in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable laws, rules, regulations or rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding all Submissions that you may have under any applicable law under any legal theory.
Watkins cannot prevent other persons who access this Site from using Submissions and personal information they find here, even if their use of that information violates the law, or your personal privacy or safety. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
When participating in a Forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Forum may not be reliable and it is not a good idea to trade or make any investment decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.
A testimonial board post or other Submission is not an effective way to tell us you need help with an order or Site feature. If you’d like to tell us about a specific problem, please send an e-mail through the Contact Us section at www.AquaterraSpas.com or by calling Customer Service at 1-888-961-7727. Watkins disclaims liability for any failure on its part to provide help with a specific problem disclosed on this Site.
8. Rules for Sweepstakes, Contests and Games
9. Making Purchases
We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Certain weights, measures and descriptions, including those related to certain water care products, are approximate and for convenience only. The inclusion of any Products on this Site at a particular time does not imply or warrant that such Products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Product Purchased from this Site. By making a Purchase, you represent that the Products ordered will be used only in a lawful manner. Watkins reserves the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, discount or other similar promotions; to bar any user from making any or all Purchase(s); and/or to refuse to provide any user with any Product. Refunds and exchanges will be subject to Watkins’ applicable refund and exchange policies then in effect, subject to the Limited Warranties, if any. When a Purchase is made, the applicable Product will be shipped to an address designated by the purchaser as long as that shipping address is complete and compliant with the shipping restrictions contained on this Site and located in a jurisdiction where Watkins, in its sole discretion, permits shipment of such Products. All Purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for Products Purchased from this Site pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. In connection with the Purchase of your Product, Watkins may, but has no obligation to, facilitate your introduction to an authorized service provider in your area for installation of your Product. Please be advised that failure to use an authorized service provider for such installation may result in the invalidation of certain Limited Warranties, if any, applicable to your Product.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE LIMITED WARRANTIES, IF ANY, APPLICABLE TO YOUR PURCHASED PRODUCT: (A) THE SITE (INCLUDING ANY CONTENT OR FORUMS) AND ANY PRODUCTS AND THIRD PARTY MATERIALS (AS DEFINED BELOW) ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) WE AND OUR AFFILIATED ENTITIES (AS DEFINED BELOW) DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE OR ANY PRODUCTS FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE SITE (INCLUDING ANY CONTENT), (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WATKINS AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, CONSULTANTS AND AGENTS (THE “AFFILIATED ENTITIES”) DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH WATKINS AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
A possibility exists that the Site, including any Content or Forums could include inaccuracies or errors, or information or materials that violate or conflict with these Terms (specifically, the rules of conduct set forth in Section 6 above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, including to any Content or Forums. Although we try to maintain the integrity, timeliness, and security of the Site, we make no guarantees that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. In the event that a situation arises in which the Site’s completeness or correctness is in question, please visit www.AquaterraSpas.com and send an email through the Contact Us section, with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
11. Third-Party Materials; and Links from this Web Site
Certain Site functionality may make available access to information, products, services and other material made available by third parties, including Submissions (“Third-Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via hyperlinks from this Web Site. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. However, by providing such links or making available such access, we are not endorsing, nor are we responsible for, such third parties or Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. We are not responsible or liable for and make no representations or warranties with respect to any Third Party Materials or any further links contained there to other sites. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. If you use a Web site that is hyperlinked to this Web Site or access any Third Party Materials, you do so at your own risk; we are under no obligation to monitor Third Party Materials, nor are we responsible for assuring that the Third Party Materials are free from any Viruses. We may discontinue, block or disable access to Third Party Materials (in whole or in part) at any time without notice or obligation to you. In addition, the availability of any Third Party Materials through or in connection with the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
12. Links to this Web Site
If you wish to provide a hyperlink from your Web site to this Web Site, you may do so only under the following conditions: (i) any link to our Site must be a text-only link and clearly marked “Watkins Manufacturing Web Site”; (ii) the link must “point” to the URL www.AquaterraSpas.com and not to other pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a “frame” on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your Web site to ours, you are agreeing to be bound by these Terms.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) NEITHER WATKINS NOR ANY OF ITS AFFILIATED ENTITIES WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS)), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, (B) WITHOUT LIMITING THE FOREGOING, NEITHER WATKINS NOR ITS AFFILIATED ENTITIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE (INCLUDING ANY CONTENT OR FORUMS) OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE (INCLUDING ANY CONTENT OR FORUMS) OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE, (D) THE MAXIMUM AGGREGATE LIABILITY OF WATKINS AND ITS AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) TOTAL AMOUNT PAID BY YOU FOR ANY PRODUCTS PURCHASED THROUGH THE SITE, IF ANY, AND (II) TEN DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH WATKINS AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
14. Governing Law; and Arbitration
These Terms are governed by, and shall be construed in accordance with, the laws of the State of New York and the United States of America (including federal arbitration law), without reference to any choice of law rules, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WATKINS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT WATKINS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
These Terms are effective until terminated. Watkins, in its sole discretion, may terminate or suspend your access to or use of the Site, at any time and for any or no reason, including if Watkins believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Site will immediately cease. You agree that any termination or suspension of your access to or use of the Site may be effected without prior notice, and that upon such termination or suspension, Watkins may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Watkins and the Affiliated Entities shall not be liable to you or any third party for any termination or suspension of your access to the Site or for any such information or files, and shall not be required to make such information or files available to you after any such termination or suspension. The following Sections will survive any expiration or termination of these Terms: Section 2-4, 6-11 and 13-25.
16. Violations; and Indemnity
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including termination, suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless us and the Affiliated Entities from and against any and all damages, claims, liabilities, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or related to (a) your violation or alleged violation of these Terms; (b) any allegation that any materials you submit to us or transmit to the Site (including Submissions) infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your use of, or activities in connection with, the Site.
17. Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: If you are a California resident and have a question or complaint regarding the Site, please visit www.AquaterraSpas.com and send an email through the Contact Us section. You may also contact us by writing to 1280 Park Center Drive, Vista, CA, 92081 Attention: Customer Care, or by calling us at 1-888-961-7727. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Watkins infringe your copyright (for example, materials posted on one of our Forums), you (or your agent) may send us a notice by mail or e-mail requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed by someone against you, the DMCA permits you to send Watkins a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to AHS Customer Care as follows: By mail to 1280 Park Center Drive, Vista, CA 92081; and be e-mail to AHSService@watkinsmfg.com. AHS Customer Care’s phone number is 1-888-961-7727. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Watkins does not endorse any of the products or services listed at such site.
20. Jurisdictional Issues
The Site is controlled or operated (or both) from the United States, and is not intended to subject Watkins to any non-U.S. jurisdiction or law. The Site is solely directed to individuals residing in the United States. We make no representation that the Site, including any Content, is appropriate or available for use in other non-U.S. locations. Those who choose to access the Site from such other locations do so on their own initiative and at their own risk, and are responsible for compliance with all applicable local laws, rules and regulations in doing so. The supply of goods and services through the Site is further subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods or services through the Site (a) if you are in, under the control of, or a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or placed any other export restriction; (b) if you are on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or any other U.S. government lists of restricted end users; or (c) if you intend to supply the acquired goods or services to anyone who is subject to the foregoing restrictions. By downloading or using any such goods or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and/or intend to supply such goods or services to anyone who is subject to such restrictions. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
21. Investment Information
The information contained on the Site may not be current and should not be used or relied on for any decision to invest in, purchase, retain, sell or otherwise transfer the stock of our parent company, Masco Corporation, or for any related purpose. Masco Corporation is a publicly held Delaware Corporation and files quarterly and annual reports with the United States Securities and Exchange Commission in Washington, D.C. (“SEC”).
22. Forward-Looking Statements
The information contained on the Site may not be current and should not be used or relied on for any decision to invest in, purchase, retain, sell or otherwise transfer the stock of our parent company, Masco Corporation, or for any related purpose. Masco Corporation is a publicly held Delaware Corporation and files quarterly and annual reports with the SEC.
Statements in any news release of Watkins contained on the Site or communicated orally or in writing that concern us or our management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements include, without limitation, statements that (a) include the words “believes, “expects,” “anticipates,” “estimates” or words of similar importance or meaning with reference to us or our management; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources. Forward-Looking Statements are only predictions involving important factors and risks that may cause actual results to differ materially from those discussed in any Forward-Looking Statement. Those important factors and risks include, without limitation, economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices. Important factors and risks are described in our parent company’s (Masco Corporation’s) current annual report filed with the SEC, and may be detailed from time to time in additional reports and other filings of Masco Corporation filed with the SEC. Copies of the most recent reports and other filings of Masco Corporation can be accessed through the SEC EDGAR system located at www.sec.gov or may be obtained at no charge from the Masco Corporation. Watkins expressly disclaims any obligation or responsibility to update or revise or supplement any Forward-Looking Statement in any news release or generally to any extent.
23. Feedback; and Questions
24. Important Note to New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Watkins and its Affiliated Entities (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
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