Terms of Use

Last updated August 1, 2016

This site (“Site”) is provided by Aqua-Chem, Inc. (hereinafter referred to as “we”, “us” or “our”).  Your use of or access to this Site constitutes your acceptance of these Terms of Use (“Terms”).  If you do not agree to abide by all of the terms and conditions contained in these Terms, you must not use or access the Site.  We reserve the right to make changes to these Terms, which will be posted on the Site and become effective immediately upon posting.  We may notify you about material changes to the Terms by placing a notice on the Site.  Nonetheless, given the binding nature of the Terms as posted and made effective upon posting, we urge you to read these Terms each time you visit the Site.


Acceptance

By accessing or using this Site you: (i) represent and warrant that you are at least eighteen (18) years of age; and (ii) agree to all the terms and conditions of these Terms.  You acknowledge that you have read and understood these Terms and that these Terms have the same force and effect as a signed agreement.  You further agree that the Terms shall be governed by and construed in accordance with the laws of the State of Tennessee and the United States of America.  Any dispute under or related to these Terms shall be brought exclusively in the state or federal courts located in Knoxville, Tennessee, United States of America.  You may terminate this agreement at any time by providing notice to us in accordance with the “How to Contact Us” section below and discontinuing any use of the Site.  We may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms; (b) if we are required to do so by law; (c) we no longer make the Site available for any or no reason, or (d) for any reason whatsoever.  Termination of this agreement and of your access to the Site may result in the forfeiture and destruction of all information associated with your past use of the Site.  This agreement will survive the termination of your access to the Site.


Privacy Policy

Your privacy is important to us.  You may be required to provide personally identifiable information to use and/or access certain portions of the Site.  You agree that such information shall be complete and accurate.  Further, we may automatically upload information about your computer and use of the Site through use of cookies.  Please review our complete Privacy Policy at http://aqua-chem.com/company/privacy-statement, which is incorporated by reference into these Terms as if fully set forth herein.


General Usage of the Site

You agree that we may contact you directly to: (i) fulfill your requests for information (including, but not limited to, in response to a general inquiry or technical support submission by you); (ii) communicate with you (including, but not limited to, providing you with emails, updates, e-newsletters or other similar communications); and (iii) provide support services (including, but not limited to, technical support services).  You agree to: (i) only use the Site as permitted by these Terms; (ii) not resell, frame, duplicate, reproduce or otherwise commercially exploit the Site or any products or services shown on the Site, without our prior written agreement; (iii) not use the Site to violate any applicable local, state, federal or international law, rule or regulation; and (iv) not violate, infringe or misappropriate the rights of any third party, including but not limited to, copyright, patent, trademark, trade secret or other proprietary rights of any kind.


Any violation of these Terms may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.  We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding.


Interactive Online Chat

At any time, we may make interactive online chat (“Chat”) service available to you in connection with such products or services as we may select in our sole discretion.  The Chat service is provided as a convenience to facilitate your understanding of our products and services.  Our Chat service agents will try to provide you with accurate and current information or refer you to the appropriate contact person based on your question or need.  The Chat service is provided on an AS IS and AS AVAILABLE basis.  We make no warranties and disclaim all responsibility and liability related to the availability, timeliness, security, accuracy, or reliability of information or advice transmitted through the Chat service.  Nothing we communicate in the Chat service will be considered a legal agreement, offer, representation, or warranty as to our products, services, or processes.
 

If you elect to provide suggestions, ideas, proposals or other feedback (“Feedback”) to us through the Chat service (or in any other form or manner) related to our products, services or processes, you acknowledge and agree that we shall have no obligations (whether of confidentiality, compensation or otherwise) with respect to such Feedback and that we will be free to use and exploit the same in any manner without restriction of any kind.  You acknowledge and agree that all Feedback provided will be our sole and exclusive property.  You hereby irrevocably transfer and assign to us all of your right, title and interest in and to all Feedback, including all intellectual property rights therein.  At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.

Any use of the Chat service to send abusive, defamatory, dishonest, or obscene message shall be grounds for termination of the Chat service session or your access to the Site.


Links to Other Websites; Statement of Non-affiliation and Non-endorsement

The Site may provide links to other websites operated by us or a third party.  Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them.  To the extent that third party links are contained in the Site, such third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by us.  We do not review, monitor or check the accuracy of content published on third party sites, and we are not responsible for the availability of, or the content provided on, third party sites.  If you choose to purchase any products or services from a third party or to post content on the website of a third party, your relationship is directly with the third party and we are not responsible for any loss or damage of any sort you may incur from dealing with any third party.

 

No Professional Advice

The information on this Site, including, but not limited to, product data and specifications, is provided for informational and/or entertainment purposes only and is not intended to be professional advice.

 

Indemnification

You agree to indemnify, defend (at our election) and hold harmless us, our affiliates, and each of their officers, directors, employees, agents, suppliers, licensors, third party partners, successors and assigns from and against all claims, losses, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to: (a) any violation by you of these Terms; (b) your illegal, unlawful or unauthorized use and/or misuse of any content or other information, products or services provided to you by and/or through the Site; or (c) your use of the Site.  Further, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification and hold-harmless obligations), in which event you will assist and cooperate with us in asserting any available defenses.

 

Warranty Disclaimer and Limitation of Liability

THE SITE, INCLUDING ALL CONTENT ON AND SERVICES OFFERED IN CONNECTION WITH THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.  AS A CONDITION OF YOUR USE OF THE SITE, YOU REPRESENT AND WARRANT TO US THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.  NOTHING CONTAINED ON THIS SITE SHALL CONSTITUTE AN OFFER OR PROMISE OF A SPECIFIC PRODUCT OR SERVICE.
 

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED BY OR POSTED ON THE SITE OR ANY LOSS, PERSONAL INJURY, PROPERTY DAMAGE, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, OUR LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT, ANY PRODUCTS POSTED ON THE SITE, ANY SERVICES PROVIDED BY OR POSTED ON THE SITE, OR THESE TERMS SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US FOR THE CONTENT, PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IF YOU ARE DOING BUSINESS IN CALIFORNIA, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HEREBY EXPRESSLY AND KNOWINGLY WAIVE THE BENEFITS OF 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.”  YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HEREBY EXPRESSLY AND KNOWINGLY WAIVE THE BENEFITS OF ANY LAW OF ANY STATE, COUNTRY OR TERRITORY SIMILAR TO THAT OF CALIFORNIA CIVIL CODE §1542.


How to Contact Us

Any questions or concerns regarding these Terms or notifications of claimed copyright infringement should be sent to us in writing at: Aqua-Chem, Inc., Attn: Legal Department, 3001 East Governor John Sevier Highway, Knoxville, TN 37914, USA.  You may also contact us informally by phone at (865) 544-2065 or by email at legal@aqua-chem.com.  
 

Miscellaneous

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms shall continue in effect.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms, our http://aqua-chem.com/content/terms-use or your use of the Site.  Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms or our http://aqua-chem.com/content/terms-use in derogation of our right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.  These Terms and the http://aqua-chem.com/content/terms-use constitute the entire agreement between you and us with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.  These Terms supplement any terms set forth in a separate agreement between us and you, and these Terms shall not supersede those terms in the event of any conflict.  We may provide notice to you hereunder by posting announcements to the Site.  A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.