Terms of Use

H2oCHK Terms of Use

Last modified: June 19, 2018

These terms and conditions apply to the localh2ochk.com website (the “Website”) and the H2oCHK mobile software application (the “Mobile App”). The Website and Mobile App (collectively, referred to herein as the “Services”) are all operated by Digital Concepts, Inc., which is sometimes referenced herein as “Company“, “we“, “us” or “our”. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of the Services, including any content, functionality and services offered on or through the Services, whether as a guest or a registered user. In addition, your use of the Services is subject to all applicable statutes, orders, regulations, rules, and other laws.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, please do not access or use the Services.

The Services are offered and made available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, please do not access or use the Services.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to, and use of, the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You may refer to the “Last Modified” legend at the top of these Terms of Use to determine when the Terms of Use were last updated.

We reserve the right to withdraw or modify the Services, and any service or material we provide through our Services, in whole or in part; condition use of the Services upon the payment of fees; modify and/or waive any such fees; and/or provide some or all users of the Services with opportunities, in our sole discretion without notice. Neither we, our licensors, licensees, sponsors, vendors, contractors and/or service providers nor any of our or their respective direct or indirect parents, subsidiaries or affiliates, officers, directors, shareholders, employees, agents, representatives, successors and/or assigns (each, an “Affiliated Entity”) will be liable if for any reason that all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
  1. Authorized Use and Limited License
  2. Trademarks and Copyrights
  3. Prohibited Use or Access of Services
  4. User Contributions
  5. Third Party Content
  6. Email Subscriptions
  7. Links
  8. User Names and Passwords
  9. Idea Submissions
  10. Monitoring and Enforcement
  11. Sweepstakes and Promotions
  12. Colors
  13. Products
  14. Data Charges
  15. Disclaimers
  16. Limitation on Liability
  17. Indemnification
  18. Governing Law; Binding Arbitration
  19. Limitation of Time to File Claims
  20. Waiver and Severability
  21. International Users
  22. Filtering
  23. Copyright Notices
  24. Entire Agreement
  25. Contact Information
  26. Miscellaneous
  1. Authorized Use and Limited License

The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, licensees, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial and informational use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material made available by our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser or mobile device for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, such as the Mobile App, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
  • You may print a single copy of any water testing results and instructions from the Mobile App for your own personal, non-commercial use.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.
  • You must not:
  • Modify copies of any materials made available by the Services.
  • Use any illustrations, Company trademarks or logos, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials made available by the Services.
  • Use or reference the Services in any way to compete, directly or indirectly, with Company.

You must not access or use for any commercial purposes any part of the Services or any services or materials made available through the Services. If you wish to make any use of material from the Services other than as set out in this section, please address your request to: [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content available through the Services is transferred to you, and all rights not expressly granted are reserved by the Company, its licensees and/or other third parties owning such rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  1. Trademarks and Copyrights

The Company name, the trademarks, logos, product and service names, designs and slogans displayed by way of the Services are trademarks of the Company, its Affiliated Entities, and/or other third parties (individually or collectively, “IP Owners”). All other names, logos, product and service names, designs and slogans displayed by way of the Services are the trademarks of their respective owners. As between you and us, any copyrights subsisting in these Terms of Use and the Services are owned by the Company and/or IP Owners.

Except as specifically set forth in this Agreement or authorized in advance by the Company in writing, you shall not download, use, or reproduce any of the content or trademarks that displayed by way of the Services. Further, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based, in whole or in part, on all or any part of the Services or the intellectual property therein.

  1. Prohibited Use or Access of Services

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or social media handles associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company, Affiliated Entities, or users of the Services, or expose any of them to liability.
  • Additionally, you agree not to:
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other person’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, script, or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material made available by the Services.
  • Use any manual process to monitor or copy any of the material made available by the Services or for any other unauthorized purpose without our prior written consent.
  • Decompile, reverse engineer, or disassemble any content or functionality of the Services.
  • Violate any applicable usage rules established by any third party mobile device platform or service provider or the third party from whom you download the Mobile App or that otherwise relate to your mobile device.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Mobile App available on a network where it is capable of being accessed by more than one device at any time.
  • Create a database from a systematic download and storage of content made available by the Services.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, scripts, or other material which is malicious or technologically harmful to any of the Services.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services (including the Website or the Mobile App), the server(s) on which the Website is stored, or any server, computer or database connected to the Services.
  • Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services.
  • Attack the Services by way of a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services. 
  1. User Contributions

The Services may contain interactive features that allow users to post, submit, publish, display or transmit to us, an Affiliated Entity, other users or other persons content or materials on or through the Services, such as information, data, comments, opinions, suggestions, advice, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same (“User Contributions”). These User Contributions may be subject to certain size and usage limitations, as specified by Company from time to time.

All User Contributions will be considered non-confidential and non-proprietary. By making any User Contribution on or through the Services, you grant us, our Affiliated Entities, and service providers, and each of their and our respective licensees, vendors, successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) license to: (a) host (which may allow, among other things, other users of the Services to interact with and comment on your User Contributions), store (temporarily or permanently), reproduce, distribute, index, archive, modify, create derivative works of, transmit, perform and display (publicly or otherwise), make available to the public and otherwise utilize (and have others exercise such rights on behalf of us or our Affiliated Entities, through multiple tiers, as allowable by applicable law) such User Contributions, as well as any ideas or creative work product contained in or related to the same, and any materials incorporated by or associated with such User Contributions, in any form or media whether now known or hereafter developed or discovered, for any purpose, including, but not limited to, any sales or marketing function, and developing and manufacturing products incorporating any aspect of such User Contribution; (b) exercise all intellectual property rights, publicity, privacy and other proprietary rights with regard to such User Contribution without restriction as to media, whether now known or created in the future; (c) use your name, persona, likeness, or other biographical information in any and all media (now known and created in the future) as news or information in connection with the Services or for Company advertising or marketing purposes. Notwithstanding the foregoing, you acknowledge that Company acquires no title or ownership rights in or to any User Contribution. Company and/or its Affiliated Entity serves only as a host, bulletin board or conduit (and not a publisher) for User Contributions (unless where Company or its authorized agents themselves make a User Contribution).

You also hereby grant each user of the Services a non-exclusive license to access and view your User Contributions that are submitted through the Services, and to further interact with and comment upon the same, as permitted by the Services and these Terms of Use. To the extent any right you may have in, or relating to, any User Contribution cannot be licensed to Company or its Affiliated Entities under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, all intellectual property rights, and any “moral rights” or other rights with respect to attribution of authorship or integrity of materials. You agree to provide your full cooperation and assistance to Company to affect the foregoing licenses of your User Contributions.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the licenses above.
  • All of your User Contributions do and will comply with these Terms of Use.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Company and its outside contributors, along with other users of the Services may make User Contributions themselves and may remain anonymous when doing so. You acknowledge and agree that you have no expectation of privacy when utilizing the Services’ interactive features or when making User Contributions. You understand that your User Contributions will be seen and, potentially, used by others. Company, through its designated agents, reserves the right to remove or alter any User Contributions at any time in Company’s sole discretion.

We are not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

Further, the following content standards apply to any and all User Contributions and use of the Services (“Content Standards”). Any User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, user contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property, proprietary right, or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Any user failing to comply with the above terms or these Terms of Use, even if inadvertently, may be prohibited from and denied access to the Services and its interactive features, whether temporarily or permanently.

  1. Third Party Content

User Contributions made through the Services are provided by other users and third parties as a general matter. Further, some content available through the Services, whether text, audio, audiovisual, graphic, or otherwise, in different types of media, whether now known or later discovered or developed, is supplied by third parties and/or using embedded code or content display technology of third parties (“Third Party Content”). Company and/or its Affiliated Entities serve only as a host, bulletin board or conduit (and not a publisher) for Third Party Content, and Company does not have any editorial control over such Third Party Content. Therefore, you agree that any information expressed in the Third Party Content, including, for example, any opinions, statements, offers, promotions, analyses, comparisons, and the like, are solely those of the respective third party authors or publishers, and not of Company or its Affiliated Entities. Company is not aware of and does not itself make any guarantee or warranty about the correctness, completeness, accuracy, or usefulness of Third Party Content, and instead COMPANY EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CORRECTNESS, COMPLETENESS, ACCURACY, OR USEFULNESS OF THIRD PARTY CONTENT. Company and its Affiliated Entities shall not be held responsible for any user contributions or Third Party Content, or for ANY hyperlinks OR EXECUTABLE CODE embedded in any USER CONTRIBUTIONS or Third Party Content. Under no circumstance will ANY Affiliated Entity be held liable for, or in connection with, any HARM or damage caused TO YOU OR ANYONE ELSE BY any USER CONTRIBUTIONS or Third Party Content. Company and ITS Affiliated Entities have no control over, and shall have no liability for any LOSS resulting from, the use, publication, re-publication, or misuse by any third party of any information, Third Party Content or other user contributions voluntarily made public through any part of the Website.

  1. Email Subscriptions

You may elect to subscribe to receive certain content or offers, from time to time, through the Services. You agree that you are of legal age and authorized to receive such content or offers. You are responsible for the accuracy of the e-mail address you provide for any subscriptions through the Services. If the e-mail address you provide us has changed or is incorrect, it is your sole responsibility to update your e-mail address with our Services by sending such request to the email address [email protected] In the event that your e-mail address is undeliverable, your subscription may be suspended until an accurate e-mail address is provided to us, and, in that case, no retroactive benefits or rewards will be available to you while your subscription is suspended. If you choose to no longer receive subscriptions from the Services, you must unsubscribe your e-mail address by sending such request to [email protected] and/or through other such methods as we may offer from time to time.

  1. Links

If the Services contain links to other sites, mobile applications, or resources provided by third parties, these links are provided for your convenience only. Such links, and any views or opinions expressed in the linked resources, do not serve as an endorsement by the Company or its Affiliated Entities. This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links that permit you to purchase products through a third party site. We have no control over the contents, accuracy, appropriateness, privacy policies, or data collection practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. These third-party resources may collect your data or personal information. If you decide to access any of the third party resources linked from the services, you do so entirely at your own risk and subject to the terms and conditions of use for such resources.

Company has the right to and may, as determined in its sole discretion, block or prohibit links to certain third party resources without any notice to users of the Services.

  1. User Names and Passwords

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with our Services or otherwise, including, but not limited to, through the use of any interactive features provided by the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree that you alone are responsible for any use or actions undertaken under your account or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You shall not sell, transfer or assign your user name or any associated privileges to anyone else. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by way of the email address [email protected] You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. For example, Company and/or its Affiliated Entities may refuse to allow you, and you may not use, a user name or e-mail address that is already in use with respect to the Services; that appears to Company to be an impersonation of another person; that belongs to another person; that violates the intellectual property or publicity rights of another person; or that is offensive.

  1. Idea Submissions

You acknowledge that Company does not accept or desire to receive from you any unsolicited ideas, proposals, business plans, concepts, or other suggestions, whether pertaining to the Services, any Services content, or any products or services appearing on or through the Services, or any other commercial matter (“Idea Submissions”). THEREFORE, YOU ARE EXPRESSLY CAUTIONED AND NOTIFIED TO NOT SEND THE COMPANY OR ITS AFFILIATED ENTITIES ANY IDEA SUBMISSIONS THAT YOU BELIEVE TO BE PROPRIETARY TO YOU OR OTHERS, WHICH YOU EXPECT US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you make available to us any Idea Submission through your User Contributions or otherwise through the Services (whether or not in response to a solicitation made on or through the Services), you agree that such Idea Submission is non-confidential, that no confidential relationship exists or shall exist with respect to any use or disclosure of such Idea Submission, and that Company has no obligation to you of any kind in connection therewith. You represent that you have the right and authority to disclose such Idea Submission to us, and that no other party has any trade secret or any other rights in the Idea Submission.

  1. Monitoring and Enforcement

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company and/or an Affiliated Entity.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATED ENTITIES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

Despite the foregoing, we cannot and do not undertake the obligation to review all material before it is posted by way of the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Sweepstakes and Promotions

Further to the Terms of Use, specific rules and requirements shall govern sweepstakes, contests, or other promotions made available through the Services. If you participate in any such sweepstakes, contest, or promotion, you agree that you will become subject to those rules and requirements, which, in addition to governing such sweepstakes, contest, or promotion, may include certain rules and requirements about eligibility, such as age or geographic restrictions. You agree that you are responsible for reading and understanding such rules and requirements to determine whether or not your participation, registration and/or entry are valid and lawful.

  1. Colors

Company makes reasonable efforts to accurately display the colors of the products and product packaging shown by way of the Services. You acknowledge, however, that the colors you see on your screen may vary from the actual product or product packaging and that Company does not guarantee that the colors displayed on your screen are accurate.

  1. Products

Products or services displayed by way of the Services are not necessarily offered for sale and may not be available. Company does not guarantee that the name and description of any product available for sale will be the same as that included in the Services.

  1. Data Charges

You acknowledge and understand that the Services may require and utilize phone service or data access to properly function. Carrier rates for phone or data service may apply and you are solely responsible for any such charges.

  1. Disclaimers

You understand that we cannot and do not guarantee or warrant that information provided through the Services is accurate, nor that files available for downloading from the internet or through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE AND OUR AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE PHONE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR RESOURCES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS USER CONTRIBUTIONS, CONTENT, THIRD PARTY CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS USER CONTRIBUTIONS, CONTENT, THIRD PARTY CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, ITS AFFILIATED ENTITIES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, FITNESS, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AFFILIATED ENTITIES, NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS USER CONTRIBUTIONS, CONTENT, THIRD PARTY CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY INFORMATION RELATING THERETO OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATED ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES, RESOURCES, CONTENT, MATERIAL AND/OR DATA LINKED TO THE SERVICES OR OTHERWISE AVAILABLE FROM TIME TO TIME THROUGH THE SERVICES, PRODUCTS OR SERVICES OBTAINED THROUGH AND/OR RELATING TO THE SERVICES, AND/OR USER CONTRIBUTIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify and hold harmless the Company and its Affiliated Entities from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use and/or your use of the Services, including, but not limited to, your User Contributions, and your use of content, information, services and products relating to the Services.

  1. Governing Law; Binding Arbitration

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS CONCERNING THE RESOLUTION OF ANY “DISPUTE” (DEFINED BELOW) RELATED TO OR ARISING OUT OF THE SERVICES. Any dispute or claim arising out of or relating to the Services, these Terms of Use, the Privacy Policy, or any product or service obtained through the Services (in each case, including non-contractual disputes or claims), including, without limitation, any claim based on unauthorized use of the Services or infringement or misappropriation of any intellectual property rights in or related to the Services (an “IP Claim”) (collectively, a “Dispute”), shall be governed by and construed in accordance with the internal laws of the state of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Before initiating any legal action or proceeding or making a demand for arbitration in connection with a Dispute, a party must notify the other party in writing of the Dispute and make himself/herself/itself available to confer with the other party to attempt in good faith to resolve the Dispute. If the Dispute has not been resolved thirty (30) days after such written notice is given, either party may initiate a legal action or proceeding or make a demand for arbitration strictly in accordance with this section, as applicable. All Disputes, other than those involving IP Claims, must be arbitrated in the State of Missouri before a single arbitrator who is jointly selected and mutually approved by the parties. The arbitration will be administered by the arbitration pursuant to its Comprehensive Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules). The arbitrator shall require the non-prevailing party to pay for the costs of arbitration, including, without limitation, reasonable attorneys’ fees incurred by the prevailing party in connection with the arbitration. The results of the arbitration proceeding and the proceeding itself will be considered and kept confidential by the arbitrating parties. Any arbitration decision rendered will be final and binding, and judgment thereon may be entered in any court of competent jurisdiction. Notwithstanding the above, with respect to any IP Claim, any legal suit, action or proceeding shall be instituted exclusively in the federal or state courts within the State of Missouri. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to a Dispute. Any proceeding to resolve or litigate a Dispute, whether in arbitration or in court, will be conducted solely on an individual basis, and you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of Company.

  1. Limitation of Time to File Claims

ANY LEGAL SUIT, ACTION, OR PROCEEDING CONCERNING A DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE UNDERLYING CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability

No waiver by the Company and/or the Affiliated Entities of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The rights and remedies of Company and the Affiliated Entities under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s or any Affiliated Entity’s right to exercise any other right or remedy.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. International Users

The Services are controlled, operated and administered by Company and/or an Affiliated Entity from the United States of America and are not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Services or any part thereof is appropriate or available for use in any locale outside of the United States. Any persons accessing the Services from such foreign locales do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. Any such foreign Services users are also subject to United States export controls and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. Company may, as necessary, limit the Services’ availability, in whole or in part, to any person, IP address, ISP, geographic area or jurisdiction we choose, in our sole discretion.

  1. Filtering

In accordance with 47 U.S.C. § 230(d), please be aware that parental control protections are commercially available for purposes of limiting access to certain material that is harmful to minors. Further information is available at GetNetWise http://kids.getnetwise.org/ and other such websites which you may find through an internet search engine of your choice. Please note that Company does not endorse or warrant any of the products or services listed at such sites.

  1. Copyright Notices

We respect all applicable intellectual property laws and we require all users of the Services to comply with such laws. You may not store any material or content on offerings within the Services, or disseminate any material or content through the Services, when doing so would infringe upon the intellectual property rights of others, including in violation of U.S. copyright law.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), owners of copyrighted works who believe that their rights have been infringed upon should report any such alleged infringements to us. Please include the following information with your report:

  1. A description of the copyrighted materials or other content protected by applicable intellectual property laws that is believed to have been infringed, including enough detail for us to be able to reasonably identify such allegedly infringing material;
  2. The URL, a screenshot, and/or other identification of the portion(s) of the Website or Mobile App that contain(s) the allegedly infringing material;
  3. Your contact information, including your name, mailing address, telephone number and email address;
  4. A physical or digital signature of the owner of the copyrighted materials, or of the person authorized to act on behalf of the owner;
  5. A statement by the owner of the copyrighted materials, or of the person authorized to act on behalf of the owner, that you have a good faith belief that the allegedly infringing materials are not authorized by the copyright owner, its agent, or the law; and
  6. A statement by the owner of the copyrighted materials or of the person authorized to act on behalf of the owner, that the information contained in the report is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

The Company’s Designated Agent for such reports is:

Senior Legal Counsel

Email: [email protected]

Address: H2oCHK, 3108 Riverport Tech Center Drive, Maryland Heights, MO 63043-4825

Phone: 314-770-1636

The Company may, in its sole discretion, terminate access to the Services for any user that infringes upon third party intellectual property rights. Any user of the Services that has reason to believe that a User Contribution is objectionable or infringing may notify Company of the same at the above address. Upon receiving a notice with sufficient detail of any claimed infringement, Company will act in a reasonably expeditious manner to evaluate the concern and if it deems appropriate, remove or prohibit access to the material alleged to be infringing, following any DMCA provisions to resolve the dispute between the rights owner and the alleged infringer.

  1. Entire Agreement

The Terms of Use and all referenced documents and policies incorporated by it constitute the sole and entire agreement between you and us (including the Affiliated Entities) with respect to the subject matter of these Terms of Use and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same.

  1. Contact Information

If you have any questions regarding these Terms of Use or the Services, please submit them to [email protected] You may also contact us by writing to: H2oCHK Customer Care; 3108 Riverport Tech Center Drive, Maryland Heights, MO 63043-4825.  Likewise, and pursuant to California Civil Code § 1789.3, California users should note the following consumer rights notice: If you have a question or complaint regarding the Terms of Use or Services, please send an e-mail to [email protected] California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or by such other method as provided by the Complaint Assistance Unit.

  1. Miscellaneous

By way of these Terms of Use or your authorized use and access of the Services, no partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship is created between you and Company. You do not have the right to and may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without Company’s express prior written consent. Headings and section titles in these Terms of Use are used as a matter of convenience only. We may send notices to you by updates to the Services, through updates to these Terms of Use, by e-mail, or by regular mail, in Company’s sole discretion (in the latter two situations, to the most recent address(es) that we have on file, if any). Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, administrative, or other legal proceedings.