THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND ULTIMATE WATER, INC. (“ULTIMATE WATER”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE OUR SERVICES THROUGH ULTIMATEPOOLWATER.COM AND CHLORINEGENIE.COM (THE “SITES”). BY USING SITES, YOU ARE AGREEING TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THESE SITES.
Ultimate Water may make changes to the Sites or any part thereof at any time. Ultimate Water may change, update, add or remove provisions of these Terms at any time by posting the updated terms on the Site. By using the Sites after Ultimate Water has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Intellectual Property and License to Use the Sites and App.
The Site, including, without limitation, designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”), is the intellectual property of Ultimate Water and/or its licensors, and is protected by United States and international copyright laws and international treaties. Except as expressly stated herein, these Terms do not grant you any intellectual property rights in the Site, and all rights not expressly granted are reserved by Ultimate Water and its licensors. You shall not modify, adapt, translate, or create derivative works based upon the Site. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code for the Site.
Ultimate Water hereby grants you a limited, personal, non-exclusive and non-transferable license to access the Sites and to use and to display the Materials solely for your use. Except for the foregoing license, you have no other rights in the Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Sites or Materials in any manner, or use the Sites or Materials other than for their intended purpose.
Links to Third Party Sites
The Sites may contain links to third-party websites or resources that are not owned or controlled by Ultimate Water. You acknowledge and agree that Ultimate Water is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Ultimate Water does not control nor does it review, research, verify, validate or approve the third-party sites to which the Sites may be linked. Such links, therefore, do not imply any endorsement by Ultimate Water of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Ultimate Water, the Ultimate Water logo, Chlorine Genie, the Chlorine Genie logo, and Ultimate Pool Water and the Ultimate Pool Water logo and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of Ultimate Water and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of Ultimate Water.
Disclaimer of Warranties
THE SERVICE IS DELIVERED OR PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ULTIMATE WATER AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ULTIMATE WATER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS USE OR ANY RESULTS GENERATED THEREFROM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER ULTIMATE WATER NOR ITS LICENSORS OR SUPPLIERS REPRESENT OR WARRANT THAT THE SERVICE OR ULTIMATE WATER’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SERVICE AFTER TERMINATION HEREOF.
Limitation of Liability
IN NO EVENT SHALL ULTIMATE WATER, ITS LICENSORS, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, EVEN IF ULTIMATE WATER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF, OR COULD REASONABLY HAVE PREVENTED, SUCH DAMAGES. THE LIMITS IN THIS SECTION ARE ENFORCEABLE UNLESS OTHERWISE SPECIFICALLY EXCLUDED OR LIMITED BY LAW.
Applicable Law and Order of Precedence
These Terms and your use of the Sites shall be governed by and interpreted in accordance with the laws of the State of California without giving effect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically disclaimed. Any action arising out of or relating to these Terms shall be brought only in the state and federal courts located in San Diego County, California, and you hereby submit to the jurisdiction of such courts. Notwithstanding the foregoing, Ultimate Water may seek injunctive relief in any court of competent jurisdiction, without posting bond, to enjoin any breach of these Terms, in addition to any other rights or remedies Ultimate Water may have available at law or in equity.
Ultimate Water reserves the right to temporarily suspend or terminate your access to all or any part of the Sites at any time in Ultimate Water’s sole discretion, with or without notice. If any provision of these Terms or the application of such provision to any person or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms or the application of such provisions, as applied to other persons, places and circumstances, shall remain in full force and effect.
If you have any questions about these Terms or otherwise need to contact Ultimate Water for any reason, you can reach us at firstname.lastname@example.org.