Legal
Terms of Service
WaterTrax Inc.("WaterTrax") an existing company incorporated pursuant to the Canada Business Corporations Act provides this web site and the information contained on it ("Service") to you subject to the following Terms of Service ("TOS"), whether or not you have registered for the Service. This TOS constitutes the entire agreement between you as an unregistered user of the Service and WaterTrax, and governs your use of the Service, unless superseded by a signed agreement between you and WaterTrax. If you are a registered user, you may also be subject to additional terms and conditions that may apply when you use particular services.
WATERTRAX RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND FROM TIME TO TIME, TO CHANGE THESE TERMS AT ANY TIME WITHOUT YOUR AGREEMENT. IT IS YOUR RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.
Our Service - WaterTrax provides users with access to a collection of on-line resources and services, which may include various communications tools, databases of information, and personalized content (the "Service"). If you are an unregistered user, you will only be able to access a limited number of the resources contained on this web site. Unless explicitly stated otherwise, any new features or services offered pursuant to this web site are subject to these TOS.
Content - WaterTrax does not guarantee the accuracy, integrity or quality of any content located on or linked to by this web site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. The content of this web site, and any content linked to by this web site, has not been reviewed by WaterTrax in anyway including without limitation, for accuracy, suitability for your purposes, ownership or legality.
Modifications to Service - WaterTrax reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, your access to the Service (or any part of it) with or without notice. You agree that WaterTrax is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
No Resale of Service - You agree not to reproduce, duplicate, copy, sell, resell or exploit (including linking to) any portion of the Service for any commercial purposes.
Your Responsibility - You agree that you will not use the Service so as to violate the law, to misuse any proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to access the Services for the purpose of data mining or extracting content from the Services beyond your personal non-commercial, end use.
WaterTrax's Proprietary Rights and Trademarks - You agree not to access the Service by any means other than through the interface that is provided by WaterTrax for use in accessing the Service. If you wish to link to the Service, you may do so provided that you have obtained ourconsent. You acknowledge and agree that copyrights, trademarks, service marks, patents, whether or not applied for, and other proprietary rights and laws protect content presented to you through the Service. Except as expressly authorized by WaterTrax, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its content, in whole or in part.
Without limiting the generality of the foregoing, the name WaterTrax, the WaterTrax logo and other all other WaterTrax logos, product and service names associated with the web site are trademarks of WaterTrax (the "WaterTrax Marks"), whether or not registered. Without WaterTrax' prior permission, you agree not to display or use the WaterTrax Marks in any manner.
WaterTrax Privacy Policy - Any personal information that you may provide to WaterTrax is subject to our Privacy Policy. For more information, please see our full privacy policy.
Indemnity - You agree to indemnify and hold WaterTrax, and its subsidiaries, affiliates, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable lawyers' fees, made by any third party, due to or arising out of your use of the Service.
Termination - By using the Service, you do not acquire any rights to the Service other than a license to use it that can be revoked at anytime without notice or cause. You agree that WaterTrax shall not be liable to you or any third-party for any termination of your access to the Service.
Links/External Content - The Service may provide, or third parties linked to may provide, links to other web sites or resources. WaterTrax has no control over such sites and resources, and you acknowledge and agree that WaterTrax is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, services or products available from such sites or resources. You further acknowledge and agree that WaterTrax is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, services or products. You agree that your right to use third party content is solely between you and such third party content provider.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES IS WATERTRAX BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ACCESSED VIA THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WATERTRAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WATERTRAX MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WATERTRAX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WATERTRAX IS LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WATERTRAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. IN NO EVENT IS WATERTRAX LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO WATERTRAX FOR THE SERVICES IN QUESTION OR $100, WHICHEVER AMOUNT IS THE GREATER.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TOS MUST BE FILED AND SERVED UPON WATERTRAX WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED
Priority - If there is any conflict between the terms of this TOS and another written agreement signed by you and WaterTrax, the terms of the written agreement take priority.
Applicable Law - The laws of British Columbia govern the interpretation of this TOS and the relationship between you and WaterTrax. You agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia in the case of a dispute arising from this TOS. The failure of WaterTrax to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
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