Water Channel Partners
Terms and Conditions of Use
Effective Date: May 4, 2021
Last Modified: May 4, 2021
These Terms and Conditions of Use govern your use of our website EcoWater.com and any EcoWater mobile applications, including the EcoWater Systems Mobile App (the “App” in both iPhone and Android versions). The App and Website (collectively, the “Services”) are services ofWater Channel Partners, a Delaware limited liability company ("EcoWater," "us", "our" or "we") and is applicable to other EcoWater subsidiaries as defined at the end of this document. TheseWater Channel Partners Terms and Conditions of Use and any additional terms, conditions or policies that we post from time-to-time, including our Privacy Policy (collectively, the "Terms of Use") set forth the terms and conditions under which you ("You", "Your" or "Customer") may use the Services and any content and functions available on the Services including the ability to view online reports and receive alerts from the App on the status of Wi-Fi and/or Bluetooth connected water softeners, water filters or other products (the "Products").
Please read these Terms of Use carefully before using the Service. By visiting, installing, downloading, registering with, accessing, or using the Services, you are accepting the practices described in these Terms of Use and you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not use the Services.
You represent and warrant that you are over the age of 18, have the right and authority to enter into this agreement and the Terms and Conditions, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by these Terms of Use.
- Changes to Terms of Use. EcoWater reserves the right to change these Terms of Use at any time and from time to time without notice to you. Such change shall be effective upon posting on through the Services. If EcoWater changes these Terms of Use, we will also revise the "Last Updated" date at the top of this page. It is your responsibility to review any revised Terms of Use. Should you find any subsequent revisions to these Terms of Use unacceptable, you must immediately cease using the Services. Your entry and/or use of the Services after EcoWater posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use without objection.
- Termination/Suspension of the App and/or Service. EcoWater may, in its sole absolute discretion, discontinue the Services or terminate or suspend your use or general use of the Services, or any portion thereof, at any time, with or without notice and for any reason including for reasons of denial of service, system failure, maintenance or repair, or circumstances beyond our reasonable control. You agree that if your authorization to use the Services is terminated or suspended, you will not thereafter use, or attempt to use, the Services, directly or indirectly.
- Products. EcoWater accepts no responsibility for the accuracy of the Services and these Terms and Conditions of Use provide you with no additional rights from EcoWater as it relates to the Products. If you purchase Products, our Terms and Conditions of Use will apply to the sales.
- Fee. EcoWater reserves the right to institute or modify a fee for the Services at any time and from time to time.
- Pre-Conditions. To use certain functions in the App specifically, you will need to: (i) buy and properly install the Product; (ii) have an always-on wireless broadband Internet connection between the Product and a connected mobile device, which may be used to provide some limited portion of the information available through a fully connected Wi-Fi connection; and (iii) have access to EcoWater’s mobile App in order to install, configure and use certain functions, including the ability to view online reports and receive alerts from the App.
- Registration. To access certain functions offered through the Services, you may need to register online at which time you will provide a username (your active email address) and a Password. You may register only once with EcoWater. You may also register other email addresses under your account during setup or after by accessing the Setup menu. You agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow access to your account, you will be responsible for all such use. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
- Unauthorized Use. You agree to (a) immediately notify EcoWater, using the in-country access numbers and email addresses provide below, of any unauthorized use of your password and/or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
- Changes to the Services. We may update and change the Services from time to time to reflect changes to our Products, our users’ needs and our business priorities.
- Availability of the Services. We do not guarantee that the Services, or any content provided on the Services, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons with or without notice.
- Content of the Services. The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Services. Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Services is accurate, complete or up to date.
- Ability to receive notifications. Your ability to use the Services and receive notifications depends on your various devices and service providers. EcoWater cannot and does not provide any guarantees for the availability or security of the Services. We cannot and do not provide any guarantees for your ability to receive notifications sent to you by the Services. You must test the Services to ensure compatibility.
- Security. You acknowledge that you alone are responsible for protecting your computer hardware, software, and data from unauthorized access, viruses, spyware and all other types of malicious code. You are also responsible for safeguarding your user name and password from access by any unauthorized third party, and retain sole responsibility for any damage or loss resulting from such unauthorized access.
- Limitation of Liability. You expressly acknowledge and agree that your use and access of the Services is at your sole risk. To the maximum extent permitted by applicable law, the App (including, without limitation, the Services) is provided to you on an "AS IS" and "AS AVAILABLE" basis.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. NOTHING IN THESE TERMS OF USE SHALL AFFECT YOUR STATUTORY LEGAL RIGHTS AND REMEDIES AS A CONSUMER.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to you, which will be set out in our Terms and Conditions of sale.
- You agree that EcoWater, its subsidiaries and affiliates do not have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if the service is used in a commercial or industrial application.
- Links to Other Sites. The Services may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with us. Linked websites, including those operated by EcoWater, may have their own policies on use and privacy, which you should review if you visit them. We are not responsible for the content of any websites that we do not control, any use of those websites, or the privacy practices of those websites.
- Jurisdiction and Governing Law. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Minnesota. You agree that the non-exclusive jurisdiction of the federal or state court in Woodbury, MN.
Contacting Us.
If you have any questions about these Terms of Use, please contact us at the email address and phone numbers given below.
Water Channel Partners
1890 Woodlane Drive
Woodbury, MN 55125
USA
+1 (800) 722-0476
[email protected]