LiquiTech Terms of Service
LiquiTech, Inc. (“LiquiTech”) provides innovative products and services to protect against waterborne pathogens. The Site and the underlying Content (defined below), products, and services maintained on and offered for purchase through the Site (collectively, the “Services”) are owned and operated by LiquiTech (“LiquiTech,” “we,” “our,” or “us”). This Terms of Service (“Terms”) is a legally binding contract between LiquiTech and you and your authorized end users (“User” or “you”). Your access to and use of the Site and Services, including your purchases, are subject to and governed by these Terms.
BY ACCESSING THE SITE OR USING ANY OF THE SERVICES, YOU HEREBY AGREE THAT YOU ARE 18 YEARS OF AGE OR OLDER. YOU FURTHER AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU ARE UNDER THE AGE OF 18 OR YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE OR ANY SERVICES.
I. LiquiTech content
LiquiTech displays content on the Site for you to examine, including information, software, text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material provided by LiquiTech or third parties via the Site and Services (the “Content”). All photographs and illustrations are considered to be representations of the actual products. In some cases, there may be slight variations between the illustrations and the actual products.
LiquiTech attempts to display the Content in a way that will be easily accessible and useful for you. The selection and arrangement of this Content appearing on or associated with the Site and Services (including, but not limited to, patents, patent applications, trade secrets, trademarks, trade names, service marks, logos, moral rights, copyrights, and any other rights inherent thereunder, along with any registrations and applications to register, as applicable in tangible and intangible materials or information which may be continually under development, modification or improvement, including, but not limited to, software, source code, object code, routines, tools, documentation, methodologies, techniques, algorithms, inventions, ideas, databases, and know-how) are proprietary to LiquiTech or a third party that authorizes LiquiTech to make such Content available to you.
The Site and Services are licensed and not sold to User. LiquiTech hereby grants to User a limited, non-exclusive, non-transferable and non-sublicensable license for User to access and use the Site and Services, solely for User’s own personal, non-commercial or internal business purposes. LiquiTech also hereby grants to User a limited, non-exclusive, non-transferable, and non-sublicensable right and license to use and make a reasonable number copies of materials and Content available on the Site only for internal use, archival purposes, and for training and educating Users, provided that all proprietary notices of LiquiTech and its licensors, if any, are reproduced. User shall not acquire any rights whatsoever in the Site or Services aside from the limited licenses granted under these Terms, and User expressly disclaims any other rights.
User acknowledges that the Site contains and provides access to Content protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. LiquiTech does not necessarily approve, endorse, sanction, encourage, verify or agree with any message embodied in any Content. LiquiTech is not and will not be liable for any Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.
Unless approved in writing in advance by LiquiTech, you agree not to: (a) provide or create a link to the website; and (b) create any frames at any other websites pertaining to or using any of the content located at this Website. If you do want to link to the Site or request permission from the copyright owner, please contact the Webmaster at [email protected] to seek approval. All rights not otherwise expressly granted by these Terms are reserved by LiquiTech and its licensors.
II. User data
Any information provided by User to LiquiTech, either during the account registration process or via posts made by users to the Site, or in connection with the Services, including, but not limited to all data, information, photos, video, text, comments, graphics, music, sounds or other material, in connection with User’s use of the Site and Services (“User Data”), is the Intellectual Property of the specific users who provide such User Data. By posting, delivering or otherwise providing User Data, you hereby grant to LiquiTech a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Data. LiquiTech does not generally monitor or otherwise remove User Data after it is provided or posted on the Site except as required or permitted by law or otherwise in the sole discretion of LiquiTech, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms. LiquiTech does not make any warranties or representations regarding any of the User Data. LiquiTech does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in User Data. LiquiTech is not and will not be liable for any User Data that may be offensive, indecent, vulgar, defamatory or otherwise objectionable. User is responsible for the accuracy and content of all User Data. User is also responsible for securing and maintaining all rights in User Data to allow LiquiTech to provide the Services (including any Subscription Tools) to User without violating any third party’s rights, including any intellectual property rights.
III. Services and right to use
User understands and agrees that the Services will be provided by LiquiTech and/or its licensors. User understands and agrees that the Services and Site may be hosted by LiquiTech’s trusted third-party hosting service provider(s) and made accessible by LiquiTech to User via internet connections pursuant to these Terms. User assumes sole and complete responsibility for ensuring that the Site and Services (including any applicable Subscription Tools) are used only by User. User may not modify, decompile, reverse compile, disassemble, reverse engineer, decrypt, or otherwise seek to recreate the source code of the Site or Services, adapt the Services in any way, and use Services to create a derivate work, or grant any other person or entity the right or access to do so, without the advance written consent of LiquiTech. Users may not duplicate, copy, unbundle, sublicense, hypothecate, sell, assign, transfer, display, distribute, lend, rent, lease or host the Services or any portion thereof to or for a third party, except as expressly permitted in these Terms.
IV. User account
Users will be required to register with LiquiTech to purchase products and services from LiquiTech, or obtain other Content or Services. The registration process will require User to provide certain requested information (including personal information and payment information) and agree to these Terms. Upon completion of the registration process, User will be provided with account and login information. User must immediately notify us if User’s registration information changes or if User learns of or have reason to suspect any unauthorized use of User’s account or any other breach of security. User is responsible for maintaining the confidentiality of User’s usernames and passwords and is fully responsible for all activities that occur under User’s account. User also agrees to provide truthful and accurate information during the registration process. LiquiTech may refuse to grant you a particular username for any reason, including, without limitation, if Company has reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
V. User’s obligations
User shall have the sole responsibility for acquiring, installing and maintaining its own technology environment and equipment necessary to properly access, operate and utilize the Site and Services, including, without limitation: servers, internet access, LANs and WANs; for any communications or other costs incurred in operating, accessing and using the Site and Services; and for any other expenses relating to the foregoing. User shall be responsible for establishing adequate operational back-up systems and procedures to ensure recovery and continuity of its systems and operations in the event of a failure.
User also shall have the sole responsibility for maintaining the privacy and security of all data, information, photos, video, text, comments, graphics, music, sounds or other material provided by User to LiquiTech, in connection with User’s use of the Site and Services (“User Data”). User agrees to cooperate with LiquiTech as necessary to allow LiquiTech to provide the Services and perform its obligations pursuant to these Terms. User also agrees to provide, in a timely manner, such User Data that is complete and accurate in all respects, as LiquiTech may require in order to provide the Site and Services. User shall be responsible for protection of its data against loss, damage or destruction, including, but not limited to, back-ups, anti-virus protection and data security measures. LiquiTech will have no responsibility or liability for lost, damaged or destroyed data. User hereby agrees to indemnify and hold harmless LiquiTech and its directors, officers, agents, employees, members, subsidiaries, and successors in interest (“LiquiTech Indemnitees”) from and against any and all damages, losses, liabilities, settlements and expenses (including, without limitation, reasonable costs and attorneys’ fees) in connection with loss, damage or destruction of its data.
User is responsible for ensuring the accuracy of any User Data or other data input into the Site and ensuring and confirming the accuracy of any output, results or recommendations (including in connection with any filtration products or services) provided or created by the Site and Services prior to use or dissemination. User hereby agrees to indemnify and hold harmless all LiquiTech Indemnitees from and against any and all damages, losses, liabilities, settlements and expenses (including, without limitation, reasonable costs and attorneys’ fees) in connection with output, results, recommendations or other information made available through the Site and Services.
User agrees that when using the Site or Services, User will not:
a. Delete, hack, or attempt to change or alter any Content or notices;
b. Use any device, software, or routine intended to damage, bypass, modify, circumvent or interfere with the proper functioning of the Site, servers, or networks connected to the Site, or take any other action that interferes with any other person’s use of the Site;
c. Use any automatic or manual device or process to harvest or compile information from the Site for any reason;
d. Introduce into the Site any malicious or intentionally destructive software routines designed to permit unauthorized access to limit the functionality of computer software or hardware, gain unauthorized access to any other computer system, crack passwords or security encryption codes, or otherwise disable, erase, or harm the Site or any Content;
e. Attempt to access any other user’s information;
f. Send any chain letters, junk mail, spam, unauthorized e-mail, or advertisements;
g. Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
h. Use the information in the Site to create or sell a similar service or similar information; or
i. Post, upload, or transmit any User Data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, indecent, sexually explicit, invasive of another’s privacy, hateful, or intended to offend any person based on a person’s race, ethnic heritage, national origin, sex, sexual orientation or preference, age, physical or mental illness or disability, marital status, employment status, housing status, or religion.
VI. User representations
By accessing or using this Site or Services, you hereby represent and warrant to LiquiTech that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms; (ii) all information provided by you to LiquiTech is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject that is related to your use of the Site and Services or any part thereof. For any User Data that you provide to LiquiTech or post via the Site, you hereby represent and warrant that: (a) you are owner of such User Data or otherwise have the right to grant LiquiTech the licenses granted pursuant to these Terms; (b) you have secured any and all consents necessary to post the User Data and to grant the foregoing licenses; (c) the User Data does not violate the rights of any third party, including, without limitation, the Intellectual Property, privacy or publicity rights of any third party, and such User Data does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Data will not result in harm or personal injury to any third party.
VII. Third-party resources
As a service to our Users, we may provide information about other resources that may be of interest, including deals or promotions provided by third-party partners or affiliates. LiquiTech is not responsible or liable for any content, advertising, promotions, products or other materials on or available from such sites or resources, and the presentation of third-party links, content, deals or promotions by LiquiTech is not intended to be an endorsement, sponsorship or recommendation by LiquiTech. Please be aware that when you exit the Site, you are subject to the policies of the new third-party website you visit. You further acknowledge and agree that LiquiTech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any third-party website or resource.
VIII. Additional and amended policies
Your use of the Site is subject to the LiquiTech Privacy Policy, available at liquitech.wpengine.com/privacy, which is incorporated into these Terms by Reference. In addition, the disclaimers, terms and conditions set forth in these Terms are of general application and may be supplemented by additional policies of specific application disclosed by LiquiTech, including through a registration process or other means. In the event of a conflict between these Terms and any additional policies of specific application, the additional policies shall control. In addition, you acknowledge and agree that your use of the Services may be subject to additional third-party terms that are incorporated into these Terms by reference.
If you do not or cannot agree to the Terms and/or the Privacy Policy, please do not use the Website or any of the Services offered through the Website. In addition, from time to time, LiquiTech, Inc. may need to change or modify these Terms and/or the Privacy Policy and, as such, LiquiTech, Inc. reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms at any time, which changes shall become effective upon posting of the updated Terms to the Site. Your continued viewing of or use of the website following the posting of any changes to the Terms and/or the Privacy Policy will signify your assent to any such changes.
IX. Water regulations
LiquiTech’s water disinfection solutions are registered with the EPA (Registration 68250-1) and, as such, are determined to be effective to reduce contaminants and/or pathogens associated with the registration. LiquiTech also has corollary registrations in every State in the United States, including Washington DC and Puerto Rico. EPA has established drinking water standards for copper, silver and other pathogens, including but not limited to, legionella. Further, LiquiTech’s Water Management Plans comply with the ASHRAE industrial standard 188P and associated Centers for Disease Control guidelines for the protection of human health. However, the User shall have the sole responsibility for acquiring, installing, maintaining and properly operating those products and services and, as such, LiquiTech does not make any representations or warranties related to the performance of said products and services. LIQUITECH IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY PERSON INSTALLING, MAINTAINING AND OPERATING THE PRODUCTS OR SERVICES. LIQUITECH AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE (INCLUDING DEATH) TO ANY PERSON OR PROPERTY ARISING IN CONNECTION WITH YOUR USE OF THE PRODUCTS OR SERVICES AND THE EFFECTS INCLUDING, BUT LIMITED TO, THE LEVELS OF REDUCTION OF CONTAMINANTS ACHIEVED THOUGH PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ITS WATER FILTRATION PRODUCTS.
X. LiquiTech products and services
LiquiTech offers water filtration products and testing kits for you to purchase through the Site. It also allows you to schedule water treatment services through Illinois corporate office. By purchasing a product or service, you expressly acknowledge and agree that products and services offered through the Site are for informational purposes only. You should undertake your own research to be fully satisfied that any measurement, advice, information or recommendations provided by LiquiTech is appropriate for your particular use or project. LIQUITECH IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER IN PERSON OR ONLINE, OF ANY PERSON WHO PROVIDES TESTING SERVICES TO YOU. LIQUITECH AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE (INCLUDING DEATH) TO ANY PERSON OR PROPERTY ARISING IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR PRODUCTS, OR INTERACTIONS WITH ANY OTHER USER OF THE SITE, EITHER ONLINE OR OFFLINE INCLUDING THE ACCURACY OF SAMPLING RESULTS. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM LIQUITECH WITH RESPECT TO ITS WATER FILTRATION PRODUCTS OR TEST KITS.
XI. Fees and payment
Payment Processing Services. When purchasing products or services through the Site, User will be required to provide its name, billing address, credit card and bank account details to the Payment Service Provider (“PSP”) retained by LiquiTech to process payments for the Site. LiquiTech’s current PSP is Stripe. LiquiTech is not a party to any terms of service set by Stripe or any other PSP, and has no obligations or liability to User or any other party under such terms. Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or purchasing any products or services through the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of LiquiTech enabling payment processing services through Stripe, you agree to provide LiquiTech accurate and complete information about you and your business, and you authorize LiquiTech to share it and transaction information related to your use of the payment processing services provided by Stripe.
Payment of fees generally
You agree to pay LiquiTech the total amount of Fees due and owing in connection with any purchases made or incurred through the Site in connection with your LiquiTech account. All Fees must be paid through the Site via LiquiTech’s PSP. Please note that LiquiTech cannot control any fees that may be charged to you by your bank related to LiquiTech’s or its PSP’s collection of Fees, and LiquiTech disclaims all liability in this regard. LiquiTech will have the right to fully review User’s account in order to investigate or audit disputed invoice charges or items.
A. Cancellations and refunds
Please refer to LiquiTech’ Return Policy in Section XII below for information regarding refunds, exchanges and returns in connection with products and services purchased through the Site.
B. Taxes
In addition to the Fees, User will pay any applicable taxes or duties, including without limitation, sales, use or value added taxes, but excluding any taxes on the income of LiquiTech. Taxes and shipping costs will be applied at checkout.
XII. Returns
We believe all LiquiTech products to be of the highest quality, and we want you to be completely satisfied with your purchase. Please see below for our policy regarding returns.
A. LiquiTech products
When installed properly, each filter should perform as it is intended. However, we understand that unforeseen issues arise. Therefore, we offer a money back guarantee to original consumer purchasers of LiquiTech filtration products purchased through the Site (“Warranty”). If you purchased your product through the Site, simply contact us at [email protected] within 15 days of the date of purchase. Upon receipt of your request and verification that the product is covered by the Warranty, we will issue a Return Merchandise Authorization (RMA) number, and you may return the item for credit. The RMA number must be included with your return, and requests for returns are typically processed within 24 hours.
Please note that if you return a filter within three months from the date of purchase, there will be a 15% restocking charge. NO RETURNS WILL BE ACCEPTED AFTER 3 MONTHS OF THE DATE OF PURCHASE.
All returns are subject to our thorough inspection, and Users should take care when packaging the product for return shipping in order to avoid the potential for shipment damage. In order to receive credit, the returned item must be in complete, new, and resalable condition unless the product is determined to be defective. If products are damaged during the return shipment process due to insufficient packaging, it will be left to LiquiTech’s discretion to determine whether or not the product is refundable or replaceable.
All returns should be shipped to the following address:
LiquiTech
421 Eisenhower Lane S.
Lombard, IL 60148
B. Third-party products
Some products shown on our Site are not necessarily manufactured by LiquiTech such as Testing Kits, which are from Certified third-party laboratories. While we offer easy returns on LiquiTech filtration products, WE CANNOT ACCEPT RETURNS OF TESTING KITS.
C. Shortages
Although we try our best to ensure the accuracy of your order, discrepancies can occur. PLEASE BE SURE TO CHECK ALL PACKAGES UPON RECEIPT. If you have any questions, please call us at 800-635-7873. We are open from 8:00 am to 5:00 pm Central.
D. Damage
We package your order with the same care and attention as you would yourself. Unfortunately, accidents can happen. If your order is damaged upon receipt, call us immediately at 800-635-7873 so we can assist you in your claim and ship your reorder. Please be sure to save the package exactly as you received it to assist us with your claim.
E. Delayed shipments
Within 30 days of you placing an order of products or services, we will: (1) inform you via email advising you of the duration of the expected delay or proposing substitute services of equivalent or superior quality with a detailed description of the substituted products; and (2) offer to provide a full refund within one week, if you so request.
XIII. Special promotions
LiquiTech may from time to time provide certain promotional opportunities, deals, offers, sweepstakes, lotteries, or contests to User via the Site, including offers from LiquiTech’s partners or affiliates. All such promotions will be run at the sole discretion of LiquiTech or its partners and affiliates, and can be activated, modified or removed from the Site at any time by LiquiTech without advance notification. The liability of any of Company’s partners or affiliates pursuant to such promotional opportunities, deals, offers, sweepstakes, lotteries and contests shall be limited pursuant to the “Limitation of Liability” section of these Terms set forth below in Section XV.
XIV. Termination and suspension of rights
LiquiTech may suspend or terminate User’s access or use of the Site or Services immediately if LiquiTech reasonably determines that User is using the Site or Services in any manner that is not permitted under these Terms. LiquiTech may also suspend or terminate User’s access or use of the Site or Services immediately if User fails to timely pay any amount due LiquiTech hereunder and does not cure such default within ten (10) days after being given written notice specifying the default. Upon any suspension or termination of User’s access or use of the Site or Services, all rights granted to User hereunder shall cease, and User shall immediately discontinue use of the Site and Services, and LiquiTech shall have the right to pursue any other remedies available to it at law or in equity. Termination will not negate any obligations arising from or accruing from authorized activities of User or its Authorized End User up to the effective time of termination.
XV. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL LIQUITECH BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE, SERVICES OR CONTENT, EVEN IF LIQUITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT, CONTRACT, ON THE WARRANTY, OR UNDER ANY OTHER LEGAL THEORY. FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LIQUITECH, INC., AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THIS WEBSITE IN VIOLATION OF THESE TERMS AND/OR THE PRIVACY POLICY OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR ENTITY.
THE LIABILITY OF LIQUITECH OR ANYONE OPERATING ON ITS BEHALF TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS WARRANTY SHALL NOT EXCEED IN AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT OF CONSIDERATION PAID OR EXPRESSLY PAYABLE BY CUSTOMER TO US FOR THE APPLICABLE PART IN QUESTION.
RETURN OR REPLACEMENT AS SET FORTH IN THIS WARRANTY IS YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY PRODUCT PURCHASED WITHIN THREE MONTHS THROUGH THE SITE. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT OF CONSIDERATION PAID OR EXPRESSLY PAYABLE BY CUSTOMER TO US FOR THE APPLICABLE PART IN QUESTION. ANY APPLICABLE IMPLIED WARRANTIES, INCLUDING WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY LIMITED TO THREE MONTHS DAYS FROM THE DATE OF PURCHASE AND ARE SUBJECT TO THE EXPRESS CONDITIONS AND LIMITED REMEDIES SET FORTH IN THIS WARRANTY. ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND SHALL NOT APPLY OR HAVE ANY AFFECT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XVI. Disclaimer of warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
EXCLUSION OF WARRANTIES / DISCLAIMER. USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND THE SERVICES, AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALTHOUGH COMPANY USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICES IS AS ACCURATE AS POSSIBLE, COMPANY GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICES AND/OR CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, NOR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE, SERVICES, OR CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE, SERVICES, CONTENT OR WATER FILTRATION PRODUCTS WILL MEET YOUR EXPECTATIONS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE, SERVICES, CONTENT OR FILTRATION PRODUCTS WILL BE ERROR-FREE.
All inquiries with regards to this Warranty may be directed to [email protected] or 630-693-0500.
XVII. Release and indemnification
You agree to release, defend, indemnify, and hold LiquiTech and its partners, affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, any Services (including any or Content), or any User Data, or your violation of these Terms; (b) Your User Data; (c) your purchase or use of any products or services; and (d) the Services, including but not limited to any injuries, death, losses, or damages (compensatory, direct, incidental, consequential or otherwise), of any kind arising in connection with or as a result of any Services, including our third-party partners or service providers who may provide Services to you. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XVIII. Infringement
It is LiquiTech’s policy to respect the Intellectual Property of others and to respond quickly to notices of alleged infringement. LiquiTech will terminate the access of all users who infringe the Intellectual Property rights of others. Likewise, any apparent infringement of LiquiTech’s Intellectual Property rights by any user will result in the immediate termination of that user’s access to the Site and Services. If LiquiTech removes or disables access to User Data or third-party content according to these Terms, LiquiTech may, in its discretion, provide the content contributor with a copy of the notification which prompted removal or disabled access to the User Data or third-party content. However, LiquiTech reserves the right to withhold access to and/or not replace the User Data or third-party content unless ordered to do so by a court or other tribunal of competent jurisdiction.
XIX. Reporting copyright infringement
If you believe someone is using your copyrighted work without your permission on the Site, you may contact our Designated Copyright Agent using the following contact information:
LiquiTech, Inc.
Attn: Jan Niehart
Email: [email protected]
a. We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Notices of copyright infringement must include the following required information:
i. Your address, telephone number, and email address;
ii. A description of the copyrighted work that you claim has been infringed;
iii. A description of where the alleged infringing material is located;
iv. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
v. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
vi. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
XX. Our communications
The email address you provide during the account registration process will be used for all Site-related communications to you. We may also send you messages via your account for the Site. It is your responsibility to monitor these messages and respond in an appropriate manner. Our Site may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the Site is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.
You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. Any requests for a disclosure of LiquiTech information will also be sent to you by email within five days of your request. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose to request a paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice to: [email protected]
XXI. Governing law; venue; waiver; severability
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SITE.
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of the Site, Services and this Agreement. Any legal action or proceeding relating to your access to, or use of, this Website or LiquiTech Services may be instituted in a state or federal court located in ILLINOIS, USA. You and LiquiTech hereby agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Furthermore, no delay or omission by LiquiTech to exercise any right or any noncompliance on your part with respect to the Terms and/or the Privacy Policy shall impair any such right or be construed to be a waiver by LiquiTech If any provision of the Terms and/or the Privacy Policy is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
XXII. Compliance with non-U.S. law
We do not make any representation that the Site, Services, Content, or other material or information provided through the Site is appropriate to or available in locations outside of the United States. You may not use the Site, Services or export Content in violation of United States export laws, regulations, or restrictions. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws.
XXIII. Equitable remedies
Breach of these Terms would cause irreparable harm and significant injury to LiquiTech, which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that LiquiTech has the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies LiquiTech may have.
XXIV. Contact information
The Site is operated by LiquiTech. All inquiries may be directed to:
LiquiTech, Inc.
421 Eisenhower Lane S
Lombard, IL 60148
Email: [email protected]
Phone: (630) 693-0500
Last updated: May 30, 2017
