Waterway Terms of Use

Last Updated: 11/2/2017

The www.waterway.com website (the “Site”) is a service of Waterway Gas & Wash Company, a Missouri corporation (“Waterway”). These Waterway Terms of Use (“Terms of Use”) set forth the terms and conditions applicable to your access and use of the Site, however accessed and/or used, whether via personal computer, mobile devise, or otherwise.

BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.

PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 6 AND 8 BELOW.
WE MAY REVISE THESE TERMS OF USE AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERTEXT LINK LOCATED ON OUR WEB PAGES.

YOUR CONTINUED ACCESS AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.

1. General Use and Restrictions
1.1 Use of the Site. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable and limited license to access and use the Site solely to purchase Waterway products and services, establish and maintain a Waterway user account, view Waterway offers and opportunities, apply for employment, submit a fundraiser application, and apply for donations. You agree not to access or use the Site for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site.
1.2 Use of Content. You may print a single copy of any information displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, provided that you:
(a) do not remove any notices or other information contained on such Content, and
(b) strictly comply with the provisions of the Terms of Use, including without limitation, Section 1.3 below.

1.3 Restrictions. Other than printing a single copy of particular Content as provided in Section 1.2 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform or display any Content without first receiving our express written permission. You further agree not to, without first obtaining our express written permission:
(a) use any of our trademarks as metatags on other web sites,
(b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others,
(c) display any part of the Site in frames (or any Content via in-line links), and/or
(d) use or access, or attempt to use or access, any portion of the Site for which you are not given access by us.
You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any date mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.

2. Accounts.
2.1 Registration. If we issue a username and password to you in connection with your use of the Site or any portion thereof (an “Account”), you will be considered a Registered User. Certain portions of the Site may be accessible only to Registered Users. If you are a Registered User, you may not authorize, permit, or otherwise allow any third party to access and/or use your username, password, or Account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree to notify us immediately of any unauthorized use of your username, password, or Account. If, notwithstanding the foregoing obligations, you allow another party to use your Account, you will be responsible for all use by the party using your Account.
2.2 Payment. Waterway refers you to its Payment Terms and Conditions as well as its Clean Car Club Terms and Conditions for payment conditions. If you have any other questions, please contact us at customerservice@waterway.com
2.3 Termination/Suspension of the Site. We may, in our sole discretion, terminate or suspend your Account and/or your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.

3. User Information
3.1 Information You Provide. You agree that all information provided to us will be true, accurate, current, and complete information. By uploading or otherwise submitting information to the Site (“User Information”), you shall be deemed to (a) grant to Waterway a non-exclusive, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, create derivative works from, store, transmit, perform, display, sell, publish, broadcast, modify, or distribute such User information (in whole or in part) for the purposes specified in these Terms of Use as well as those specified in Waterway’s Privacy Policy here, (b) grant to Waterway a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers) license to use and exploit your name, persona, and personal information, without any obligation to you; and (c) represent and warrant to Waterway that you have the right to upload or otherwise submit such User Information to us and to grant Waterway the licenses and rights deemed granted in this Section 3.1. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Information. You agree that you will not provide any User Information to the Site that (x) may infringe a copyright, trademark, trade secret, or other intellectual property right of a third party, (y) may violate the privacy rights of another, or (z) may violate any applicable municipal, state, or federal law, rule, regulation, or ordinance, in each instance when used as contemplated by the Site. For the avoidance of doubt, User Information does not include Feedback as defined below in Section 3.2.
3.2 Feedback. If you provide any comments, ideas, know-how, instructions, suggestions, information, and/or other feedback to us regarding the Site or any application available on the Site (collectively, “Feedback”), such Feedback shall be owned exclusively by Waterway. To the extent you have or obtain any intellectual property right in or to any Feedback, you shall be deemed to assign all right, title and interest therein, if any, to Waterway as of the date such right first vests in you.
3.3 Removal of User Information. You acknowledge that Waterway has no obligation to pre-screen content contributed to the Site. However, Waterway has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any content, including your User information, that is available via the Site. Without limiting the generality of the foregoing, Waterway may edit or remove any User Information you submit to the Site that Waterway, in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable, and you waive any moral rights you may have with respect to changes in the User Information. We are not responsible for maintaining your User Information and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.
3.4 Limitations. You agree not to provide User Information that:
i. contains vulgar, profane, abusive, or hateful language, epithets or slurs, texts or illustrations in poor taste, inflammatory attacks of a personal, racial, or religious nature, or expressions of bigotry, racism, discrimination or hate; or
ii. is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
iii. violates or infringes any right of Waterway or any third party, including without limitation any privacy, trademark, copyright, or other intellectual property right, or will otherwise cause injury to any third party, or
iv. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
v. violates any municipal, state, or federal law, rule, regulation, or ordinance, or attempts to encourage evasion or violation thereof; or
vi. unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or
vii. advertises, promotes, or offers to trade any goods or services; or
viii. includes or transmits viruses or other harmful, disruptive, or destructive files; or
ix. disrupts, interferes with, or otherwise harms or violates the security of the Site, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or affiliate or linked sites; or
x. “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
xi. otherwise violates these Terms of Use.

4. Linking and Third Party Dealings.
4.1 Links to External Sites. We may provide hyperlinks to other web sites and Internet resources operated by parties other than Waterway. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation, or
endorsement of the material on such web sites or with their operators. You agree that Waterway is not responsible or liable for any content, advertising, or other materials available through the third-party web sites, and that Waterway is not responsible or liable, directly or indirectly for any damage or loss caused to you by your use of or reliance on any content, goods or services available through the third-party web sites and internet resources.
4.2 Linking to the Site. Subject to the further provisions of this Section 4.2, we welcome links to the Site from other web sites. If we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.

5. Intellectual Property
5.1 Waterway Intellectual Property. Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Waterway and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in
part. www.waterway.com and all related logos are either trademarks or registered trademarks of Waterway or its licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Waterway or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Except as otherwise expressly provided in these Terms of Use, all rights in and to the Site (including all Content) are expressly reserved by Waterway.
5.2 Digital Millennium Copyright Act Notice. Waterway respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 6.2. Waterway may terminate your use and access to the Site if Waterway believes that you are infringing the intellectual property rights of others or are aiding or threatening such infringement.

6. No Warranties.
6.1 Warranty Waiver. The Site is provided on an “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” basis. We assume no liability or responsibility for any errors or omissions in respect of the Site including, without limitation, any errors or omissions with respect to any Content. You acknowledge and agree that you assume sole responsibility for ensuring that all Content is accurate and up to date. Further, we do not represent or warrant that any aspect of the Site will work properly or will be continuously available.. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS, VENDORS, AND PARTNERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, RO ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.

7. Indemnification.
7.1 User Indemnification. You hereby agree to indemnify and hold harmless Waterway and its affiliates, officers, directors, employees, shareholders, information providers, suppliers, and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of or related to (a) your access and/or use of the Site including, without limitation, any Content, (b) any breach of any of these Terms of Use by you or, if applicable, any user of your Account, (c) your User Information, and/or (d) any allegation which, if true, would constitute a breach of any of these Terms of Use by you or, if applicable, any user of your Account.

8. Limitation of Liability.
8.1 Waterway’s Limited Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WATERWAY AND/OR ITS PARTNERS, VENDORS, OR SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE AND EVEN IF WATERWAY AND/OR ITS PARTNERS, VENDORS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, WATERWAY AND ITS PARTNERS, VENDORS, AND SUPPLIERS AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE SUE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (Y) $5.00, OR (Z) THE SUM OF FEES PAID BY YOU HEREUNDER, IF ANY, DURING THE ONE (1) MONTH
PERIOD IMMEDIATELY PRIOR TO THE DATE THE APPLICABLE CLAIM FIRST ARISES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Release.
9.1 Release. In the event that you now or hereafter have a dispute with any person or entity arising from your use of the Site, you release Waterway (and its officers, directors, agents, affiliates, suppliers, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such dispute.

10. Modifications to the Site.
10.1 Waterway’s Right to Modify. For the avoidance of any doubt, we may modify, suspend, discontinue, and/or restrict the use of all or any portion of the Site (including without limitation any Content contained on the Site) at any time for any reason (or for no reason at all) and without notice or liability.

11. Privacy.
11.1 Consent to Privacy Policy. By using this Site, you consent to Waterway’s Privacy Policy here.

12. Governing Law and Jurisdiction.
12.1 Dispute Resolution. These Terms of Use, and all matters arising out of or relating to the Site, shall be governed by the laws of the United States and the State of Missouri, without giving effect to the conflict of law provisions thereof. Additionally, the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or the Site. In the event you desire to initiate any suit against Waterway arising out of or relating to the Site and/or these Terms of Use, you agree to bring such suit in the federal courts sitting in St. Louis, Missouri, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in St. Louis County, Missouri. You further agree that we may initiate a suit against you arising out of or relating to the Site and/or these Terms of Use in such courts and you hereby waive, to the fullest extent permissible by applicable law, all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.

13. Miscellaneous.
13.1 Controlling Terms. These Terms of Use, including, without limitation, (a) any other terms and conditions that may appear on the Site from time-to-time (such as, without limitation, additional representations that we may ask you to make when submitting
information to the Site), and (b) any written terms and conditions that you and Waterway may agree in a writing (executed by you and Waterway with specific reference to these Terms of Use) are to supplement these Terms of Use (whether such writing is agreed to before, after, or concurrently with these Terms of Use), contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions, and understandings, both written and oral, with respect to such use and access of the Site.
13.2 Assignment. You may not transfer any rights or obligations you may have to your Account or under these Terms of Use without our prior written consent. We may transfer our rights under these Terms of Use without your consent.
13.3 Invalidity; Unenforceability. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms of Use shall remain in full force and effect.
13.4 Admissibility. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial 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.
13.5 Waiver. The failure of Waterway to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
13.6 Nonexclusive Remedies. None of Waterway’s rights or remedies conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.
13.7 Unauthorized Use. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.
13.8 Notice. We may provide notice to you relating to the Site and/or these Terms of Use by any reasonable means including, without limitation, sending an email to your last known email address, and any such email notice shall be deemed given and received on the day it is sent.
13.9 Time Limitation. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.