Last updated August 29, 2008
PERSONAL INFORMATION • • •
World of Water International Ltd. will not obtain personally identifiable information about you unless you choose to provide such information. Personally identifiable information is information which can be associated with a specific individual, including name, address, telephone number, e-mail address, credit card number and expiration date, password, purchase history, IP address, what Web sites visitors come from, which pages are visited at the worldofwater.ca web site and information about online activities that are directly linked to them. This information is collected when you choose to register for certain "members only" areas and services within this web site, and/or when you make purchases online through worldofwater.ca.
If you choose not to register and provide personal information, you can still use the public areas of the worldofwater.ca web site. However, you will not be able to access the Franchisee and Administration areas that require registration. worldofwater.ca limits access to the Franchisee and Administration section of its site to registered members and provides security to its members by using passwords selected by its members.
worldofwater.ca provides a secure environment for processing the personal financial information of our customers backed by the leading encryption technology. To support this technology, you need to use a Secure Socket Layer (SSL) capable Internet browser.
Personally identifiable information will be used to complete transactions through this web site, including credit card processing. It may also be used to register and enable access to "franchisee only" areas of the web site and to maintain personal database records which allow you to utilize the "auto coach" and other custom features of this web site. worldofwater.ca will not disclose personal information you provide, except as follows:
- To complete a transaction that you initiate, including information requested to verify the existence or condition of your membership;
- At your request, which may be oral, in writing, by telephone, electronic, or other means we recognize; To assist World of Water International Ltd. in evaluating its programs and to continue to improve the quality of your on-line experience;
- When disclosure is required by law, such as pursuant to court order, subpoena, legal process, or government agency examination or investigation, or to protect or enforce our rights;
- To companies that perform services for World of Water International Ltd. in connection with your worldofwater.ca membership, such as data processing and financial transaction processing firms and agencies; and
- In connection with bonafide corporate due diligence and audits.
E-mail addresses may also be used to contact you for various purposes, such as to send you information about new products, system enhancements, surveys, and special events. You may opt out of this use of your e-mail address by contacting us via mail or email or by changing the selections in your member profile on this web site. Your e-mail address will not be shared with any third parties.
AGGREGATE INFORMATION • • •
Aggregate information refers to information your computer automatically provides to us, and that cannot be tied back to you as a specific individual, such as referral data (the web sites you visited just before and just after our web site), the date and time of your visits, the pages viewed, time spent at our web site, the browser and platform you use, and IP addresses. We use this data to create aggregate reports on user demographics and traffic patterns for the purpose of system administration and improving the web site to better serve our users.
COOKIES • • •
worldofwater.ca uses standard technologies, such as "cookies" and web server logs, to enhance your online experience at our web site. Cookies and web server logs automatically track certain information about you that is based upon your activity on our web site. A cookie is a small piece of data transferred from a web site to the hard drive of your computer so that the web site may track your activities on the site. Web server logs allow us to count how many people visit our web site and also to evaluate our visitor capacity.
Each time you access our web site, our server may deliver certain customized information to you based on the data stored in your cookies. Cookies allow us to determine which areas and features of our web site are most utilized by measuring user activity. The information in the cookies lets us trace the paths followed by users as they move from one page to another. Cookies also let us "remember" users across pages of the web site and across multiple visits to the web site. This allows us to personalize features, remember user names and passwords for future visits, etc. You can disable cookies from your browser, but access to certain parts of our web site may no longer be available to you.
CHANGES TO THIS STATEMENT • • •
CONTACT INFORMATION • • •
World of Water International Ltd.
326 Keewatin St.
Winnipeg, Manitoba, Canada R2X 2R9
- Warranty Disclaimer
- Limitation of Liability
- Third Party Content Disclaimer
- Links to Third Party Sites
- Copyright & Trademark Information
- Software Restrictions
- Submissions of Viewer Information
- Laws and Export control
- Payment for Services and Services
World of Water International Ltd. may modify these Terms at any time. You understand and agree that you are solely responsible for reviewing the Terms from time to time to ensure that you are aware of any amendments, changes, additions or deletions to these Terms. If any inconsistency exists between these Terms and any additional terms and conditions posted on the World of Water International Ltd. website, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise the Terms herein shall control.
All information, documents, products, software, downloads, and services, including, but not limited to, the content, advice and information aggregated or provided by World of Water International Ltd. (the "Services"), provided on this Website were aggregated by or provided to World of Water International Ltd. by its respective manufacturers, authors, developers, subcontractors and vendors (the "Third Party Providers") and are the copyrighted works of World of Water International Ltd. and/or the Third Party Providers. Except as stated herein, none of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of World of Water International Ltd. or the applicable Third Party Provider. No part of the Website, including logos, graphics, sounds, or images, may be reproduced or re-transmitted in any way, or by any means, without the prior express written permission of World of Water International Ltd. or the applicable Third Party Provider. You also may not, without World of Water International Ltd. 's prior expressed written permission, "mirror" any Services contained on this Website on any other server, website or Internet portal. Nothing on this Website shall be construed as conferring any license under any of World of Water International Ltd.'s or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute, and download World of Water International Ltd.'s Services on this Website provided that
- Both the copyright notice identified below and this permission notice appear in the Services;
- The use of such Services is solely for personal, non- commercial, and informational use and will not be copied or posted on any networked computer or broadcast in any media; and (3) no modifications of any of the Services are made. This permission terminates automatically without notice if you breach any of the Terms. Upon termination, you will immediately destroy any downloaded Services. Any unauthorized use of any Services contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
C. Documents Available On This Website
Permission to use Documents (such as general consumer information, press releases, data sheets, and FAQs) from this Website is granted, provided that
- The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear;
- Use of such Documents from this Website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and
- No modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Website or any other website owned, operated, licensed, or controlled by World of Water International Ltd. Elements of the Website are protected by trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from this Website or from any other website owned, operated, licensed, or controlled by World of Water International Ltd. may be copied or re-transmitted unless expressly permitted in writing by World of Water International Ltd.
D. Warranty Disclaimer
World of Water International Ltd. AND/OR ITS RESPECTIVE AGENTS, PARTNERS, AND THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OR ACCURACY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE, INCLUDING THE INFORMATION, OR SERVICES, REGARDLESS OF WHETHER SUCH INFORMATION, OR SERVICES PROVIDED WAS PAID FOR BY USERS OR CUSTOMERS OF WORLD OF WATER INTERNATIONAL LTD. WORLD OF WATER INTERNATIONAL LTD. ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEBSITE OR OTHER INFORMATION OR DOCUMENTS WHICH ARE REFERENCED OR LINKED TO THIS PUBLICATION. ALL SUCH INFORMATION, DOCUMENTS, ADVICE, AND/OR RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WORLD OF WATER INTERNATIONAL LTD. AND/OR ITS RESPECTIVE AGENTS, PARTNERS, AND THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION DERIVED FROM THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EXCEPT AS EXPRESSLY STATED HEREIN, World of Water International Ltd. AND/OR ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVCIES SOLD ON THE WEBSITE. EXCEPT AS EXPRESSLY STATED HEREIN, WORLD OF WATER INTERNATIONAL LTD. AND/OR ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION SOF LIABILITY NOTED BELOW, SO THE EXCLUSIONS BELOW MAY NOT APPLY TO YOU.
E. Limitation of Liability
IN NO EVENT SHALL World of Water International Ltd. AND/OR ITS RESPECTIVE AGENTS, PARTNERS, OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE INFORMATION AVAILABLE FROM THIS WEBSITE AND LINKS THEREFROM OR THE PERFORMANCE OF SERVICES, TECHNICAL SUPPORT, SOFTWARE DOWNLOADS OR HARDWARE RECOMMENDATIONS, DOCUMENTS OR FAILURE TO PROVIDE SERVICES, EVEN IF WORLD OF WATER INTERNATIONAL LTD. AND/OR ITS RESPECTIVE AGENTS, PARTNERS OR THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
F. Third Party Content Disclaimer
Services provided by Third Party Providers have not been independently authenticated in whole or in part by World of Water International Ltd. World of Water International Ltd. does not provide, sell, license, or lease any of the Services other than those specifically identified as being provided by World of Water International Ltd.
G. Links to Third Party Sites
THE LINKS IN THIS WEBSITE MAY LET YOU LEAVE THIS WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF WORLD OF WATER INTERNATIONAL LTD., AND WORLD OF WATER INTERNATIONAL LTD. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. WORLD OF WATER INTERNATIONAL LTD. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WORLD OF WATER INTERNATIONAL LTD. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY WORLD OF WATER INTERNATIONAL LTD. OF THE SITE.
H. Copyright & Trademark Information
Copyright © 2000 World of Water International Ltd. - (All Rights Reserved.) World of Water International Ltd., the World of Water International Ltd. logo, and all World of Water International Ltd.-based trademarks and logos and Services are trademarks or registered trademarks of World of Water International Ltd., in Canada and other countries. All audio and video clips are the sole property of World of Water International Ltd. or their respective content providers. All software used on this Website is the sole property of World of Water International Ltd. or those supplying the software.
Except as otherwise indicated elsewhere in this Website with respect to a particular portion, file, or document, any person is hereby authorized to view, copy, print, and distribute this document and the trademarks of World of Water International Ltd., subject to the following conditions:
- The document and trademarks may be used for informational, non-commercial purposes only.
- Any copy of the document or trademarks or portion thereof must include this copyright notice: "© World of Water International Ltd.". World of Water International Ltd. reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from World of Water International Ltd."
I. Software Use Restrictions
Any software that is made available to download from the Website (the "Software") is the copyrighted work of World of Water International Ltd. and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the terms of the License Agreement. Except as set forth in an applicable License Agreement, any further copying, reproduction, or redistribution of the Software is expressly prohibited. Installation assistance, product support, and maintenance, if any, of the Software are available from World of Water International Ltd. and/or the Third Party Providers, as the case may be. SOFTWARE FROM DOWNLOADS OBTAINED THROUGH THE WEBSITE OR FROM THIRD PARTY PROVIDERS, IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
J. Submissions of Viewer Information
Unless otherwise explicitly stated herein, any Services or information provided by you in connection with this Website shall be deemed to be provided on a non-proprietary and non- confidential basis. World of Water International Ltd. shall have no obligation of any kind with respect to such Services and information and shall be free to use or disseminate such Services and information on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Services and information that you submit, and you, not World of Water International Ltd., shall have full responsibility for the Services and information, including their legality, reliability, appropriateness, originality, and copyright. Should you or any viewer of this Website respond with information, viewer profile, feedback, data, questions, comments, suggestions, or the like regarding the content of the Website, any such response shall be deemed not to be confidential, and World of Water International Ltd. shall be free to reproduce, use, disclose, and distribute the response to others without limitation. You agree that World of Water International Ltd. shall be free to use any ideas, concepts, or techniques contained in your response for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such ideas, concepts, or techniques. This Website is broadcast or distributed internationally and may contain references to World of Water International Ltd. products, services, and programs that have not been announced in your country. These references do not imply that World of Water International Ltd. intends to announce such products, services, or programs in your country.
K. Laws and Export Control
World of Water International Ltd. controls and operates this Website from its headquarters in Winnipeg, Manitoba, Canada, and makes no representation that these Services are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional information or Services found on this Website are solely directed to individuals, companies, or other entities located in Canada. You acknowledge and agree that Services, information, or data are subject to Canadian and U.S. Export Administration Laws, Regulations and Controls. Diversion of such Services, information, or data contrary to Canadian law is prohibited.
This Website could include inaccuracies or typographical errors. World of Water International Ltd. and/or the Third Party Providers may make improvements and/or changes in the products, services, programs, business or customer policies, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Any action related to these Terms will be governed by the laws of Manitoba and Canada. Venue for any court or arbitration proceedings under these Terms or as a result of the use of this Website shall be proper only in Manitoba, Canada. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications. World of Water International Ltd. can revise these Terms at any time without notice by updating this posting.
M. Payment for Services and Services
Credit Cards - Where applicable, with respect to online payment processing, we accept all major credit cards, including Visa, MasterCard, and American Express. There is no surcharge for using your credit card to make purchases with World of Water International Ltd. Please be sure to provide your exact billing address and telephone number (specifically, the address and phone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your request. Your credit card may be authorized up to $200.00 prior to dispatching a Third Party Provider. Upon completion of the Services, your credit card will be billed for products and Services rendered.
You agree to indemnify, defend and hold World of Water International Ltd. and its officers, directors, owners, agents, information providers and third party providers and licensors (collectively the "Velocity Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any of the party in connection with any use or alleged use of the website or services of World of Water International Ltd. World of Water International Ltd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with World of Water International Ltd.'s defense of such claim.
- Payment Terms. Payment for services will be made by credit card. World of Water International Ltd. will place authorizations/holds on amounts necessary to cover expected services with charges being applied after services have been rendered.
- Governing Law; Venue. This Agreement is governed by the laws of Manitoba. Venue for any action is proper only in Manitoba, Canada.
- Assignment. World of Water International Ltd. reserves the right to subcontract or assign, either in whole or in part, its rights and obligations hereunder to a qualified third party designated by World of Water International Ltd.
- Complete Agreement. THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF TERMS FOR WHICH World of Water International Ltd. WILL PROVIDE SERVICES TO YOU AND IT SUPERSEDES ALL PRIOR ORAL AND WRITTEN PROPOSALS AND COMMUNICATIONS PERTAINING TO THE SUBJECT MATTER HEREOF.
- Limitations to Service. World of Water International Ltd. and/or its third party provider may not be able to repair any system or system component which has been damaged as a result of:
- accident, misuse, or abuse of the system or component (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions) by anyone other than World of Water International Ltd. (or its representatives),
- an act of God such as, but not limited to, lightning, flooding, tornado, earthquakes, and hurricanes, or
- the moving of the system from one geographic location to another or from one entity to another.
- Force Majeure. World of Water International Ltd. and/or its third party provider are not liable for any failure or delay in performance due to any cause beyond its control. In any event, if World of Water International Ltd. and/or its third party provider' s ability to render repair services are impaired by you or circumstances beyond World of Water International Ltd. and/or its third party provider's control, World of Water International Ltd. and/or its third party provider may choose not to continue the service.
- WARRANTY EXCLUSION. World of Water International Ltd. AND/OR ITS THIRD PARTY PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PROBLEM CONSULTATION OR THE ON-SITE SERVICE AND PARTS WILL RESOLVE YOUR PROBLEM. WORLD OF WATER INTERNATIONAL LTD. AND/OR ITS THIRD PARTY PROVIDER MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WORLD OF WATER INTERNATIONAL LTD. AND/OR ITS THIRD PARTY PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES.
- LIMITATION OF REMEDY. UNDER NO CIRCUMSTANCES WILL WORLD OF WATER INTERNATIONAL LTD. AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED BY WORLD OF WATER INTERNATIONAL LTD. AND/OR ITS THIRD PARTY PROVIDER, OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE THE SYSTEM, OR OUT OF THE USE OF ANY INFORMATION OR RECOMMENDATIONS PROVIDED HEREUNDER.
I HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS WORLD OF WATER INTERNATIONAL LTD. AND ANY THIRD PARTY PROVIDERS FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT I OR THE OWNER OR LESSEE MAY SUFFER, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF THE SYSTEM, RESULTING FROM WORLD OF WATER INTERNATIONAL LTD.'S AND/OR ANY THIRD PARTY PROVIDER'S PERFORMANCE OF SERVICES.
IF A COURT OF COMPETENT JURISDICTION FINDS THAT LIABILITY FOR DAMAGES AGAINST WORLD OF WATER INTERNATIONAL LTD., ITS AGENTS, PARTNERS, AND/OR THIRD PARTY PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS, AND WAIVERS DESCRIBED HEREIN, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL SERVICE FEE WORLD OF WATER INTERNATIONAL LTD. CHARGED TO THE VIEWER IN ANY PARTICULAR SERVICE. SUCH DAMAGES SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO A USERS SYSTEM.
Copyright 2008 by World of Water International Ltd. 326 Keewatin St, Winnipeg, Manitoba, Canada, R2X 2R9. All rights reserved.