WEDA 10 Submersible Pump Terms & Condition Brochure

Terms, Conditions, and Disclaimers In using this website, accessing materials on this website, downloading information from this website, and/or purchasing products/equipment from the Company, you affirmatively represent and acknowledge that you have read and agreed to the following terms and conditions: 1. Terminology: The following terminology applies to these Terms, Conditions, and Disclaimers: a. “Client”, “You” and “Your” refers to you, the person accessing this website and or information, and accepting the Company’s terms and conditions. b. The “Company”, “Ourselves”, “We” and “Us”, refers to Water Service, Inc., a Utah corporation. c. “Party”. “Parties”, or “Us”, refers to both the Client and the Company. d. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. 2. Privacy Statement: We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Customers. 3. Confidentiality: Client records are regarded as confidential and therefore will not be divulged to any third party, other than as necessary to fulfill Client requests and needs. We will not sell, share, or rent Client information to any third party. Any emails sent by this Company will only be in connection with the provision of agreed services and products. 4. Disclaimer: The information provided to Client via the web site or through some other download or attachment is provided on an “as is” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this website, downloads, attachments and all related content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and (ii) excludes all liability for damages arising out of or in connection with your use of this website, any download, and/or any attachments provided—this includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. 5. Compliance with Local, Federal, and International Law: a. The Company expressly and unequivocally states that it endeavors to comply with all applicable local, federal, and/or international laws regarding the sale, distribution, and transportation of pumping equipment and accessories, including, but not limited to all United Nations embargos and trade prohibitions. b. By using this website, accessing materials on this website, downloading information from this website, and/or purchasing products from the Company, you affirmatively represent and promise that you will fully comply with all local, federal, and international laws, prohibitions, and/or requirements, including, but not limited to, all regulations and requirements promulgated by the U.S. Bureau of Industry and Security, Department of Homeland Security, Department of Commerce, the Export Enforcement Coordination Center, the Arms Export Control Act, the Export Administrations Regulations, the International Emergency Economic Powers Acts, Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as well as any other applicable local, federal, or international laws and regulations. You understand and acknowledge that the Company has relied upon your representation(s) that you will comply with all applicable laws and that the Company would not disseminate any information to You or sell any products or equipment to you without your express promise to conduct Your business according to the applicable law. 6. Termination of Agreements and Refunds Policy: All purchases of equipment and products by Client are non-refundable/non-returnable. 7. Copyright Notice; Ownership of Information: Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services, the full content of this website, and the full content of any downloads and/or attachments. The Company retains ownership of all information disseminated via the website, downloads, and/or attachments and reserves the right to demand the immediate return of the same and/or deletion and cessation of use of all such information. 8. Communication: All notices, demands, and official correspondence must be sent to the following: Water Services, Inc. Attn: Richard Hill 372 S 900 W Provo, Utah 84601 9. Force Majeure: Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of cur control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein. 10. Waiver: Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. 11. Jurisdiction, Venue, and Choice of Law a. By using this website, accessing materials on this website, downloading information from this website, and/or purchasing products/equipment from the Company, you expressly and unequivocally consent to and agree that the laws of the of the State of Utah of United States of America shall exclusively govern these terms and conditions as well as Your relationship/transactions with the Company. b. For any and all disputes arising from or relate in any way to your use of this website, accessing materials on this website, downloading information from this website, and/or purchasing products/equipment from the Company, you expressly, unequivocally, and voluntarily consent to and submit to the sole and exclusive jurisdiction of the state and federal courts in and for the State of Utah over your person (and you waive any objection to the same), and that venue is proper in either Utah County or Salt Lake County, State of Utah and no place else. c. By using this website, accessing materials on this website, downloading information from this website, and/or purchasing products/equipment from the Company, you expressly and unequivocally consent to and agree that the Company is based and operated from the State of Utah, that any damages suffered by the Company will be suffered within the State of Utah, that you are voluntarily making use of and taking benefit from the laws of the State of Utah, that you anticipate that any dispute or action surrounding your relationship with the Company may result in legal action within the State of Utah, and that You believe the Utah Court’s exercise of jurisdiction over You is fair and reasonable. 12. Severability: If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. 13. Amendments: These terms and conditions shall not be amended, modified, varied or supplemented except in writing and signed duly by duly authorized representatives of the Company. 14. Notification of Changes: The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis 15. Incorporated and Harmoniously Applied: These terms and conditions shall be automatically incorporated by this reference into any and all other agreements by and between You and the Company without regard for when such agreement are entered into/given effect. All terms of all agreements by and between You and the Company should be, wherever possible, read in harmony so as to give full force and effect to all terms. In the event that is a conflict between the terms herein and the express terms of any other agreement by and between You and the Company, the terms contradictory terms in the other agreement shall control. All other non-contradictory terms herein shall remain in full force and effect. © Water Services, Inc., 2013 All Rights Reserved