WIRELESS WATER WEBSITE TERMS OF USE

 

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

 

Acceptance of these Terms of Use and any Revisions thereto

 

Wireless Water Inc. (“WIRELESS WATER”) provides access to this website, and any applications and facilities made available through it, (collectively the “Website”) to you subject to your acceptance of the following terms and conditions of use (these “Terms of Use”). By accessing or using the Website you personally as well as any entity you represent agree to be bound by these Terms of Use without limitation or qualification.   In these Terms of Use, “you” means you personally and any entity you represent.  If you do not agree to be bound by these Terms of Use, you must not access or use the Website.

 

WIRELESS WATER may, at any time, without notice or liability, revise these Terms of Use by updating this posting. You should periodically revisit this posting to review any revisions to these Terms of Use. If any revision is not acceptable to you, you must cease accessing and using the Website. If you continue to access or use the Website after any revisions are posted you will be deemed to have accepted those revisions.

 

Use and Restrictions

 

You may access and use the Website and the information, data, reports, charts, features and services thereon including Wireless Water’s “Environmental Data Management”, “Drinking Water Data Management” and “Wastewater Data Management” applications (the “Applications”) which analyzes subscribers’ data relating to the characteristics and quality of water, soil or air samples and the relationship thereof to pertinent guidelines and regulatory standards and requirements, and further including such guidelines and standards (collectively, the “Content”) only in accordance with all applicable laws and regulations and with these Terms of Use.

 

Subject to these Terms of Use, WIRELESS WATER grants you a non-exclusive, non-transferable, revocable, limited licence to use the Website and the Content to upload data to and to receive reports and/or charts from the Applications solely in accordance with a customer service agreement, whether formal or informal, entered into with Wireless Water (the “Customer Service Agreement”) and solely for the use of the party to the Customer Service Agreement. Content may only be printed, copied or saved for the use of such party.

 

You must not, directly or indirectly, print, copy, reproduce, save, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any purpose other than as authorized by a Customer Service Agreement. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content to another individual or entity except as authorized by such Customer Service Agreement. The prohibited uses expressly include but are not limited to “screen scraping”, “database scraping”, reverse engineering and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process) or create derivative works based on the Content.

 

The Website and the Content are made available to you only for the purposes set out in a Customer Service Agreement and are not intended to be a substitute for your exercise of judgment, assessment and evaluation of water safety or other relevant parameters.

 

WIRELESS WATER, its officers, directors, employees, agents, contributors and associated entities are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with you. You further agree that WIRELESS WATER, its officers, directors, employees, agents, contributors and associated entities shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content.

 

Intellectual Property Rights

 

The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of WIRELESS WATER. The Website and all of the Content are protected by intellectual property rights owned by WIRELESS WATER. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content.

 

All intellectual property embodied in or made accessible through the Website shall remain the property of Wireless Water, including all patents, trade secrets, trade-marks, copyrights, industrial designs, trade-names, and other intellectual property rights owned by or licensed to Wireless Water, whether or not registered, the software or the Applications made available on the Website, data entry screens and other user interfaces forming part of or providing access to the software and applications, reports and charts generated or provided by the software and Applications, software that runs, operates or is used in connection with the applications, source code, documentation and all other components comprising such software, data compiled and organized by Wireless Water, and proprietary and confidential information included in, used in connection with, or related to the software or Applications.

 

Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of WIRELESS WATER (the “WIRELESS WATER IP”) or third parties (the “Third Party IP”). WIRELESS WATER is, and at all times remains, the sole owner of the WIRELESS WATER IP.

 

The display of the Content, the WIRELESS WATER IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the WIRELESS WATER IP or the Third Party IP. You acknowledge and agree that you do not acquire:

 

1.   any ownership rights in any of the Content, the WIRELESS WATER IP or the Third Party IP;

 

2.   any right to use any of the Content, the WIRELESS WATER IP or the Third Party IP except as authorized by a Customer Service Agreement; or

 

3.   any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the WIRELESS WATER IP or the Third Party IP except as authorized by a Customer Service Agreement.

 

Use of any of the Content, the WIRELESS WATER IP or the Third Party IP, without the prior written consent of WIRELESS WATER, is strictly prohibited.

 

Third Party Websites and Content Linked to the Website

 

The Website may contain links to third party websites or content posted on third party websites (the “Links”). WIRELESS WATER provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest.

 

You acknowledge that in providing the Links WIRELESS WATER:

 

1.   does not endorse any third party website or content accessible via the Links;

 

2.   does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website;

 

3.   does not make any representation or warranty of any kind regarding the Links;

 

4.   is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and

 

5.   is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.

 

You agree that you are solely responsible for:

 

1.   taking all protective measures to guard against viruses and other destructive elements;

 

2.   abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and

 

3.   evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.

 

Links to the Website on Third Party Websites

 

If you want to include a link to the Website on your website (the “Third Party Link”) otherwise than as may be authorized by the Customer Service Agreement, you must:

 

1.   provide WIRELESS WATER with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and

 

2.   obtain the prior written consent of WIRELESS WATER to establish the Third Party Link and abide by any terms and conditions required by WIRELESS WATER as part of its consent.

 

WIRELESS WATER may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to you. Upon exercise of this right by WIRELESS WATER, you must immediately remove all of your links to the Website and must cease all use of the WIRELESS WATER IP. If you refuse or neglect to remove all of your links to the Website or to cease using the IP, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to WIRELESS WATER and that WIRELESS WATER shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.

 

WIRELESS WATER is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.

 

Registration, Account and Password

 

Certain Content on the Website may require registration, a subscription or a Customer Service Agreement. Should you choose to register or subscribe for any such Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.

 

You agree to be responsible for:

 

1.   maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription process; and

 

2.   all activities that occur under your account or password.

 

You further agree to:

 

1.   notify WIRELESS WATER immediately of any unauthorized use of your password or account; and

 

2.   ensure that you log out of your account and close your browser window upon completing your use of the Website.

 

WIRELESS WATER shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms of Use.

 

Data Supplied by Users

 

The Website and/or the Applications may provide various services that permit you and other users to submit, upload, post or otherwise make available, and/or store, data on the Website (“Data”) and that may or may not be viewed by you or other users.

 

You agree not to post and/or store any Data on the Website that:

 

1.   is protected by intellectual property rights owned by third parties without the express permission from the owner or rights holder;

 

2.   contains a virus or other harmful component or creates a virus or other harmful component; or,

 

3.   contains advertising or which engages in commercial activities and/or sales.

 

You hereby grant to Wireless Water the rights to:

 

1.     access and use any Data submitted by you to the Website as appropriate for Wireless Water to fulfil its obligations under a Customer Service Agreement and to diagnose and respond to service and technical issues with the Applications; and

 

2.    disclose such Data if and to the extent required by any applicable law, rule, or regulation, by an order of a court of competent jurisdiction, or to protect the rights or property of Wireless Water.

 

You acknowledge that the Website is not necessarily a secure medium for communication except where indicated.  

 

Nothing in this agreement will transfer or be deemed to transfer any ownership interest in any Data supplied by you, your clients or third parties on your behalf to Wireless Water or anyone else.

 

You acknowledge that you, not WIRELESS WATER, have full responsibility for your communications and Data including but not limited to, its legality, reliability, appropriateness, originality and copyright ownership. You agree to pay for all royalties, fees, damages and any other monies owing any third party by reason of any posting and/or storage of Data by you on the Website.

 

WIRELESS WATER may investigate, review or monitor Data that is posted and/or stored on the Website. However, WIRELESS WATER is under no obligation to do so and will not assume liability or responsibility for any Data posted and/or stored by users on the Website. WIRELESS WATER has the right to refuse, move or remove any Data or Content that is posted and/or stored by users on the Website without notice, without cause and for any reason. WIRELESS WATER may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at WIRELESS WATER’s discretion, WIRELESS WATER will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.

 

Disclaimers

Except to the extent arising from the gross negligence or wilful misconduct of Wireless Water or any of its directors, officers, employees and agents Wireless Water will not be responsible for any other customer’s access to or misuse of any data you supply to the Website or the Applications or any information or report relating thereto.

 

You expressly understand and agree that:

 

1.  The Content and the Links, if any, should not be relied upon as professional advice or as a guarantee or warranty in respect of the Content.

 

2.  Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.

 

3. WIRELESS WATER, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRIBUTORS AND ASSOCIATED ENTITIES DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE LINKS INCLUDING, WITHOUT LIMITATION:

 

a.   WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;

 

b.  IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;

 

c. WARRANTIES OR CONDITIONS THAT THE CONTENT WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE CONTENT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE;

 

d.   WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND

 

e. WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE, THE CONTENT OR THE LINKS

 

4.   No advice or information, whether oral or written, obtained by you from WIRELESS WATER, its officers, employees, agents, contributors or associated entities, or from or through the Website, shall create any warranty not expressly stated in these Terms of Use.

 

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL WIRELESS WATER, OR ITS AFFILIATES, SUBSIDIARIES OR LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

 

You expressly acknowledge that WIRELESS WATER is entering into these Terms of Use and is making the Website, Content and Links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and WIRELESS WATER. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by WIRELESS WATER of your use of, or access to, the Website.

 

Guarantees

 

You represent and warrant that:

 

1.   You are an individual and over the age of majority in the jurisdiction in which you are resident and that you as well as any legal, business or corporate entity that you represent is capable and entitled to enter into the agreement represented by these Terms of Use.

 

2.   You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.

 

3.   You will use the Website only as authorized by these Terms of Use.

 

4.   You and any entity on whose behalf you access the Website are fully able and competent to enter into, and abide by, these Terms of Use.

 

5.   The posting and/or storage of your Data on the Website does not violate the privacy rights, publicity rights, trade secrets, trade-mark rights, copyrights, contract rights or any other rights of any third party.

 

Indemnity

 

You agree to defend, indemnify and hold harmless each of WIRELESS WATER, its officers, employees, agents, contributors and associated entities and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:

 

1.   your breach of any of these Terms of Use;

 

2.   your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links; or

 

3.   your communications or dealings with any third parties mentioned on the Website.

 

Changes to the Website

 

WIRELESS WATER may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links. WIRELESS WATER reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.

 

Choice of Law

 

You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to conflict of law principles. WIRELESS WATER and you each agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia or the Federal Court of Canada and to waive any objections based upon venue.

 

General

 

These Terms of Use and any Customer Service Agreement you have entered into with Wireless Water constitute the entire agreement between WIRELESS WATER and you with respect to your use of the Website including, without limitation, any of the Content and/or any of the Links. These Terms of Use supersede all prior communications, representations or agreements, either oral or written, between WIRELESS WATER, its franchisees, brokers, sales people or licensors and you with respect to the Website. Additional terms and conditions may apply when you use Content provided by any other user or third party or any of the Links.

 

If any section (or part thereof) of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining sections (or parts thereof) of these Terms of Use, which shall remain in full force and effect. WIRELESS WATER’s failure to insist upon or enforce strict performance of any section of these Terms of Use or any right shall not be construed as a waiver of any such section or right.

 

These Terms of Use shall enure to the benefit of WIRELESS WATER and its officers, employees, agents, contributors and associated entities and affiliates. WIRELESS WATER may assign its rights and duties under these Terms and Conditions at any time without notice to you. You may not assign your rights and duties under these Terms of Use to any individual or entity at any time.

 

Termination

 

You acknowledge and agree that WIRELESS WATER may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links, subject only to any obligations arising from a Customer Service Agreement.

 

Upon suspension or termination, WIRELESS WATER may remove and discard any Data related to you or your use of the Website and you must discard any link you maintain from your website to the Website. You agree that WIRELESS WATER will not be liable to you or any other individual or entity as a result of any such suspension or termination.

 

Contacting WIRELESS WATER

 

Any communications to WIRELESS WATER in regards to these Terms of Use and/or the Website, may be made to:

 

Wireless Water Inc.

Att:  Customer Support

Suite 202

1551 West 11^th Avenue

Vancouver, BC  V6J 2B5

 

Tel:  604-733-6642

Email: hostmaster@wirelesswater.com