As used in these TOU, the terms "you" and "User" shall mean any visitor to the Site or user of the Services (as defined in Section III, “Description of Services; Limitations on Services,” below), including any Third-Party Vendors (as defined in Section III, below) or any employee thereof, whether for their own personal use or on behalf of their employer.
By accessing the Site, using the Services, or using any of the resources available on the Site, you are agreeing to accept and comply with these TOU and any applicable posted guidelines relating specifically to those resources or Services.
Hydrofinity reserves the right to modify these TOU, and any such guidelines, at any time, without notice to you (See Part II below, “Modifications to This Agreement”. If you object to any term or condition of these TOU, or any guidelines, or any subsequent modification to either the TOU or any such guideline, your only recourse is to immediately cease accessing the Site, and to cease using the resources and Services available at the Site. Hydrofinity retains, but is not obligated to exercise, the right to strictly enforce these TOU and posted guidelines through any means that it may deem necessary or desirable, including, without limitation, self-help and litigation.
Please read these TOU carefully before accessing this Site or utilizing any of the resources or services that are available at the Site. You agree to be bound by these terms and conditions, which in their entirety comprise the TOU. If you do not agree to all of the terms and conditions, then you may not access the Site, or utilize any of the resources or Services available at the Site. Hydrofinity’s acceptance of your use of the Site and any related resource or Service is expressly conditioned upon your assent to all of the terms and conditions comprising the TOU, to the exclusion of all other terms. If the terms and conditions comprising the TOU are considered an offer, Hydrofinity’s acceptance is expressly limited to these terms and conditions.
From time to time Hydrofinity shall provide Content (as defined below), together with certain resources and services, all as described more fully on the Site (the "Services"). The Services Hydrofinity provides to you may include, but may not be limited to, the following: providing product and service descriptions, including materials provided by Third-Party Vendors (whether such materials are delivered to you via the Site or through the Services); providing information concerning third-party vendors including, but not limited to, product manufacturers, installers and other contractors (“Third-Party Vendors”); and for Hydrofinity Connect users, providing laundry management services, and associated calculators, estimators, graphical representations of financial and sustainability performance data, and dashboards.
Your acceptance of these materials, whether displayed or transmitted on the Site, or through the Services by means including, but not limited to User messages, information, data, graphics, articles, brochures, photographs, images, illustrations, software, audio clips, and video clips (collectively, "Content"), is subject to these TOU. Hydrofinity may change, suspend or discontinue any of its Services, including any Content, at any time, for any reason. Hydrofinity may also place limitations on certain features and Services, or restrict your access to parts of or all of the Services, without notice or liability.
Unless expressly stated in writing on the Site or in Content relating to the Services, nothing contained therein shall constitute an offer or promise to deliver any products or services, whether by Hydrofinity or any Third-Party Vendor. Third-Party Vendors may not offer all products and services described on the Site, or described in Content relating to such Services, in all states, or in all communities within a state, and the offer of certain products or Services to Users may be subject to certain qualifying criteria that are not established by Hydrofinity, and over which Hydrofinity has no influence, authority or control.
Users of Hydrofinity Connect may be required to register with Hydrofinity in order to access and use certain Services, and must provide a valid email in order to complete the registration process. Hydrofinity will generate a “screen name” for you based on the email address that you provide if and when you register (a “User ID”). You are further required to provide Hydrofinity with accurate, complete, and up-to-date registration information. Failure to provide registration information that meets these standards shall constitute a breach of these TOU, and will result in the immediate suspension and possible termination of your account. Hydrofinity reserves the right in its sole discretion to refuse to register, or cancel any User ID. You are solely responsible for maintaining the confidentiality of your User ID and password. All data, information, and metrics collected through Hydrofinity Connect is and shall be the sole and exclusive property of Hydrofinity and its affiliates.
You may use our Site and Services only for lawful purposes and in accordance with these TOU. You agree not to interfere with the proper working of the Site or Services and agree not to use the Site or Services:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of or ability to use the Site or Services, or which, as determined by us, may harm Hydrofinity or users of the Site and Services;
In any manner that could disable, overburden, damage, or impair the Site or Services, including use of any device, software or routine that interferes with the proper working of the Site or Services;
In any way that would introduce any manual process, robot, spider or automatic device, process or means to the Site or Service or any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
In an attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or Services, the server on which the Site is stored, or any server, computer or database connected to the Site or Services.
All contents of the Site are Copyright © 2017 Hydrofinity and/or its Third-Party Vendors, all rights reserved. Other product and company names mentioned at the Site or as part of the Services, including the names of other professionals and companies, may be the trademarks of their respective owners.
Nothing on the Site or included in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any service mark or trademark (individually and collectively, "Mark" or "Marks") displayed on the Site or as part of the Services, without the prior written permission of Hydrofinity or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Hydrofinity, the other professionals, the applicable third party, or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any website is prohibited, unless Hydrofinity provides written approval for the establishment of such a link in advance.
The Site and the Services contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, and the entire Contents of the Site and the Services are copyrighted as a collective work under the United States copyright laws. Hydrofinity owns a copyright in the selection, coordination, arrangement, and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the Content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Hydrofinity and the copyright owner. Elements of the Site and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. In addition, certain resources of the Site and the Services may also be subject to patents that are currently pending, or that have previously been granted.
Hydrofinity intends that the information contained on the Site and the Services be accurate and reliable; however, errors do sometimes occur. In addition, Hydrofinity may make changes and improvements to the information provided herein at any time. Under no circumstances will Hydrofinity be liable for any loss or damage caused by your reliance on information obtained through the Site or the Services. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other Content available through the Site or the Services.
Neither Hydrofinity nor any person associated with Hydrofinity makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site. Without limiting the foregoing, neither Hydrofinity nor anyone associated with Hydrofinity represents or warrants that the Site, its Content or any Services or items obtained through the Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components or that the Site or any Services or items obtained through the Site will otherwise meet your needs or expectations.
The Site and the Services, and the information, software, products and services associated with them are provided on an "as is" and “as available” basis. Your use of the Site, its Content and any Services or items obtained through the Site is at your own risk. Hydrofinity and/or its suppliers, providers, or other professionals, disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Site and the Services, and any information, software, products and services provided therein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Even if Hydrofinity and/or its suppliers, providers or other professionals have been advised of the possibility of damages, neither Hydrofinity nor its suppliers, providers, or other professionals shall be liable for any loss, damages or other injury arising out of or in any way connected with:
the use or the inability to use the Site and/or the Services, or any delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Hydrofinity’s records, programs or services;
any information, software, products, and services obtained through the Site or the Services, including but not limited to reliance by you on any information obtained on the Site or through your use of the Services, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, or defects;
viruses, worms, trojan horses, trap doors, disabling devices, or other code or computer programming routines that contain contaminating or destructive properties, or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; or that
otherwise arise out of the use of the Site or the Services, whether resulting in whole or in part from breach of contract, tortious behavior, or negligence. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You understand that we cannot and do not guarantee or warrant that files available from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. HYDROFINITY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MACHINES, DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR BY DOWNLOADING ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IN NO EVENT WILL HYDROFINITY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, THIRD PARTY VENDORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, SERVICES, OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
As a condition for using the Site and/or the Services, you agree to indemnify Hydrofinity, its affiliates, licensors, service providers, and Third-Party Vendors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims relating to your violation of these TOU or your use of the Site or Services, including, but not limited to any use of the Content on the Site, the Services, or any products other than as expressly authorized in these TOU, or your use of any information obtained from the Site or Services.
Hydrofinity is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control, or for any errors or delays in responding to a request or referral form submitted to any third-party, including Third-Party Vendors.
Any claim or controversy arising out of or relating to the use of the Site or the Services, to any goods or services provided by Hydrofinity, or to any acts or omissions for which you may contend Hydrofinity is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Site and the Services, you consent to these restrictions.
The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The venue of any such arbitration shall be Hillsborough County, New Hampshire. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Hydrofinity.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Hydrofinity, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in and for Hillsborough County, New Hampshire. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
This Agreement shall be subject to and construed in accordance with the laws of the State of New Hampshire, excluding its conflict of laws principles. 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 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 the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.