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Terms of use

The Watershed Water Systems Website thewatershed.biz

Terms of Use

Acceptance of terms of use and amendment

Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read our Privacy policy, which is incorporated within these Terms of use by reference.

The site editor’s service

This web site and the services provided to you on and via this web site are provided on an “AS IS” basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of use, including any amendments made by the site editor that are published herein.

Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password.

Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. The site editor will not be responsible any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor’s prior written consent;

(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

Indemnification

You agree to indemnify and hold harmless the site editor and the site editor’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Reservation of rights

The site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor’s rights. and property requires the site editor’s prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor’s prior written consent.

Applicable law

You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at the site editor’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor’s domicile, and that any disputes will be heard by the said courts.

Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

(iv) The site editor may assign the site editor’s rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.

 

TERMS OF USE

 

When we talk about ’us’, ’our’ or ’we’, it means The Watershed Water Systems and our website, https://www.thewatershed.biz The words ’you’ or ’your’ means you, the visitor to our website.

 

By using our website you accept these terms of use. If you don’t agree, your remedy is to stop using our website. We may update these terms of use from time to time, so you should revisit each time you use our website.

 

LINKS DISCLAIMER

 

This website may contain links to other website (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

 

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms of use. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available by us.

 

HAVING YOUR SAY

 

We expect you to show common courtesy and respect when using our website. Don’t do anything that would upset your grandma. In case you do not know what that means, we’ll spell it out.

 

This website may use services that provide members of the public with the opportunity to publish comments or opinions. You agree to use the services on this website only to post, send and receive messages and material that are proper and related to the particular service we provide. By way of example, and not as a limitation, you agree that when using our website, you will not:

 

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
Post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Upload any material protected by intellectual property laws unless you own or control those rights or have received all necessary consents.
Upload any material that has been altered to remove proper legal notices.
Download any material posted by another user that you know, suspect or reasonably should know, cannot be legally distributed in such manner.
Advertise or offer to sell or buy any goods or services for any business purpose, unless we provide a particular forum for those messages.
Conduct or forward spam, surveys, contests, pyramid schemes or chain letters.
Restrict or inhibit any other user from using and enjoying our website services.
Violate any code of conduct or other guidelines which we proscribe.
Violate any applicable laws or regulations.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

 

Material uploaded to any part of our website may be subject to stated limitations on usage, reproduction and/or dissemination. You are responsible for complying with those limitations if you download the materials.

 

POSTING YOUR PERSONAL INFORMATION

 

Always use caution when giving out any personally identifying information about yourself or your children anywhere on the internet. We do not control or endorse the content, messages or information found in any part of our website where users are able to contribute their own posts and material. We specifically disclaim any liability with regard to those parts of our website and any actions resulting from your participation in using those parts of our website. Managers and hosts of forums and blogs are not authorized spokespersons for The Watershed Water Systems and our website, https://www.thewatershed.biz, and their views do not necessarily reflect those of our business.

 

MONITORING OF COMMUNICATION SERVICES

 

We are not obligated to monitor the posts and materials published by members of the public on our website. However, we reserve the right to review materials that are posted and to remove any materials at our sole discretion. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

 

MATERIALS POSTED ON COMMUNICATION SERVICES

 

We do not claim ownership of the materials you (including feedback and suggestions) posted on any of part of our website. However, by posting any information or material you are granting The Watershed Water Systems and our website, https://www.thewatershed.biz, our affiliated companies and necessary sub-licensees permission to use your information or material in connection with the operation of our and their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information or material; and to publish your name in connection with your information or material. No compensation will be paid to you with respect to that use of your material or information.

 

We are under no obligation to post or use any material or information you may provide and may remove any of your material or information from our website at any time at our sole discretion. By posting your material or information you warrant and represent that you own or otherwise control all of the rights necessary for you to post that material or information.

 

TERMINATION/ACCESS RESTRICTION

 

We reserve the right, in our sole discretion, to terminate your access to this website and the related services or any portion of it at any time, without notice.

 

DISCLAIMER

 

You specifically acknowledge and agree that your use of this website and services found on this website are at your own risk. Anything available via this website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the website.

 

We make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on this website, for any purpose, to the maximum extent permitted by applicable law, anything contained on this website is provided “as is” without warranty or condition of any kind.

 

You acknowledge and agree that no information or advice provided by us constitutes medical, legal or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website and you acknowledge that you should consult an appropriate professional for specific advice tailored to your situation. The legal information on this website is for information only and does not replace the need for specific advice relevant to your particular circumstances.

 

This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

 

LIMITATION OF LIABILITY

 

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way. In addition, where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

 

This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

 

APPLICABLE LAW

 

This agreement is governed by the laws of Western Australia, Australia and you consent to the non-exclusive jurisdiction and venue of courts in Western Australia, Australia in any and all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to cease using this website.

 

RELATIONSHIP

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Watershed Water Systems and our website, https://www.thewatershed.biz as a result of this agreement or use of this website.

 

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to such use.

 

VALIDITY

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

ENTIRE AGREEMENT

 

Unless otherwise specified in these terms of use, this agreement constitutes the entire agreement between you and The Watershed Water Systems and our website, https://www.thewatershed.biz with respect to this website.

 

COPYRIGHT AND TRADEMARKS

 

All contents of this website are copyright by The Watershed Water Systems and our website, https://www.thewatershed.biz Please contact us via our website should you require permission to reproduce any of the contents of this site. The names of actual companies and products mentioned on this website are Brands and the trademarks of their respective owners.

 

PERMISSION:

 

Only your personal use of our copyright materials is permitted, which means that you may access, download, or print such materials for your personal use only. Commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site. Any requests for our permission to publish, copy, reproduce, distribute, transfer, or otherwise use any materials contained in the web site should be directed to us via our website.

 

Reviews and Feedback – Terms and Conditions

These terms and conditions apply to CUSTOMER REVIEWS LTD (Registered in England & Wales) 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, Company No. 11364361 and companies and other organizations who installed and activated Customer Reviews.

Background

(A) Customer Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.

(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Customer Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.

1 Consumer Details

1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.

1.2 You will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.

1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:

1.3.1. with the previous written consent of you and/or the Consumer;

1.3.2. where details of that Consumer have been provided to us by a third party;

1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or

1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or

1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.

2 Rights

All company names, brands and other company trademarks and the website belongs to either Customer Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.

3 Indemnity

Customers shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:

(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;

(b) Customer Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or

(c) any email message sent or caused to be sent by Customer Reviews on behalf Customer violates any applicable law, rule or regulation.

Customer shall not bring any claim against Customer Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.

4 Limitation of Liability

4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.

4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.

5 Personal Information

Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@cusrev.com. Withdrawal of consent will be considered as a request to be deleted as a user altogether.

We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriThe Watershed Water Systemste or gets into the hands of unauthorized parties.

Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them (“Data Protection Requirements”).

When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Customer Reviews. Customer Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Customer Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Customer Reviews website (www.cusrev.com) are processed by Customer Reviews as a data controller.

Customer Reviews is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, “User Content”). Customer Reviews does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.

The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.

Client’s use of the Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause Customer Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.

When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.

6 Disclaimer

Customer Reviews does not produce or publish contributions on the website. Customer Reviews cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email support@cusrev.com.

Customer Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.

Customer Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Customer Reviews will accept no responsibility for the contents of the link in question.

Customer Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Customer Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.

Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Customer Reviews cannot be made to pay compensation or similar as a result of errors or downtime.

Customer Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.

We reserve the right to delete reviews that are solicited from external websites.

Reviews solicited outside of the Customer Reviews ecosystem may be flagged and moderated.

 

Any rights not expressly granted in these terms are reserved.

Last Updated 29/04/2019

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