Last Updated: September 22, 2022
Modifications to Terms of Service
You understand that the terms of these TOU may change without notice. When changes are made to these TOU, we will revise the “last updated” date at the top of these TOU and may notify by sending an email to the email address we have on file. Your continued use of the Site or Site services after we have posted any revised TOU indicates your agreement to such changes. If you disagree with any modification to the TOU, you must notify Polywater in writing within the ten day (10) time period described above and immediately discontinue use of the Site and any Site services.
Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Accuracy of Information Provided by You
Code of Conduct
- Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to the Site, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
- Use any metatags or any other “hidden text” utilizing any part of the Site or Polywater’s name, service or trademarks or trade dress without our express written consent;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
- Any attempt to copy or mirror the information, data, content, or coding from the Site without first obtaining express written permission from the Site administrator;
- Any attempt to reverse engineer or reconstruct any portion of the Site;
- Failure to abide by, or breach of, Shopify’s terms of service or any other policies applicable to the Site;
- Share your login information or allow third parties to utilize your login information to access any part of the Site; or
- Engage in any acts or omissions that we believe is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to Polywater you will adhere to all applicable State and Federal laws and regulations.
We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you have breached these TOU or any other obligation to us. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOU: (i) your failure to abide by any provision of these TOU; (ii) your failure to pay any amounts due to Polywater; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by us.
If any of the foregoing events occurs and we deem it a material breach by you of these TOU, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that we are not obligated to send any such notice of default and may immediately suspend or terminate your access to the Site or services without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.
Use of Name
If you are a customer using the Site or any Site services, you consent to Polywater using your name and business name in advertising and promotional materials related to Site services.
You agree that you are of legal age and authority to enter into and be bound by the terms of these TOU. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to Polywater.
Maintenance/Site Down Time
Polywater reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Polywater will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.
Polywater is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside our control.
Intellectual Property Rights
You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Site and Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without our express written permission.
All content including but not limited to text, graphics, downloads and software included on this Site is the property of Polywater or its licensors and is protected by United States and international copyright laws.
You also grant Polywater a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Site or otherwise provide to us. Such information will be used solely by Polywater in conjunction with marketing the Site and its services.
Disclaimer of Warranties
POLYWATER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF POLYWATER, POLYWATER DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. POLYWATER DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF POLYWATER, POLYWATER PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH POLYWATER.
POLYWATER DOES NOT WARRANT OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. POLYWATER IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
Assumption of Risk
The Site is intended for educational purposes only. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Third Party Intellectual Property Rights
The Site may contain reference to material or other intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Polywater shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, we provide email support for Site customers. Support can be reached by completing this form here. We attempt to respond to customer inquiries within two (2) business days.
As a user of the Site, you agree to release, indemnify, defend and hold harmless Polywater and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOU, your submissions to the Site, the services provided through the Site or otherwise by Polywater to you, your use of any services of the Site or provided by Polywater or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if we receive a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Polywater for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies we may have in law or equity.
You agree that we shall have the right to participate in the defense of any claim asserted against Polywater or involving the Site. You also agree that Polywater shall be entitled to retain a counsel of our own choosing at your cost. You further agree to notify us of your knowledge of any claim against us or involving the Site. You agree to cooperate fully with Polywater during such proceedings.
Automatic Payments in the Event of Default
If you provided payment information to American Polywater Corporation and sums are due and owing from you to Polywater and you are in default of your obligations under these TOU, you authorize us to deduct any sums due and owing from your payment source(s) so long as we provided you with notice of your default and you failed to cure the default under the terms and conditions of these TOU.
Right to Refuse Service
We, in our sole discretion and without any liability to you, reserves the right to refuse service to any person or entity through the Site or otherwise.
Consent and Survival of Agreement
Reports of Abuse
If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any user is violating these TOU, you may inform us in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. We may, but are not obligated, to conduct an investigation into the allegations. We reserve the right to remove content, or postings that from the Site that we, in our sole discretion, believe is offensive, illegal, or otherwise inappropriate.
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will we be liable to you for your failure to retain necessary records, nor will our retention or non-retention of records act to alleviate your duty under the law.
Termination of Services
You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOU. You agree that upon such termination or discontinuance for any reason, we may delete all information related to you on or within the Site and may bar your access to and use of Site services.
Notices and Communication
American Polywater Corporation
11222 60th Street North
Stillwater, MN 55082
Choice of Law, Jurisdiction and Venue
The terms and conditions of these TOU shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these TOU was a contract wholly entered into and wholly performed within Minnesota.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Polywater must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
Waiver of Jury Trial
Waiver of Class Action
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOU.
Prior Action Before Formal Claim
You agree that as a material provision of these TOU that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOU and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.
No Third Party Beneficiaries
Except as otherwise expressly provided herein, nothing in these TOU is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
Successors and Assigns
Except as otherwise expressly provided herein, these TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Polywater in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Polywater election to not assert its rights under these TOU shall not preclude Polywater from asserting its rights in the future.
Severability of Terms
If we prevail in any action, suit, or proceeding arising from or based upon these TOU, we shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in these TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
American Polywater Corporation
11222 60th Street North
Stillwater, MN 55082