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swisswater.com ™ Website Terms and ConditionsPLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THE SITE. Your use of the swisswater.com website is expressly
conditioned on your acceptance without modification of the
following terms and conditions (the Terms and Conditions). By using
swisswater.com you indicate your acceptance of these Terms and
Conditions.
Ownership
The swisswater.com website, its design, text, graphics, content, video, audio and the selection and arrangement thereof are the property of The Swiss Water Decaffeinated Coffee Company, Inc. (SWDCC) and are protected under the copyright laws of Canada and other countries. None of the content on the swisswater.com website in whole or in part may be reproduced, republished, distributed, displayed, sold, transferred or modified without the express written permission of SWDCC. This website contains many of the valuable trade marks owned and
used by SWDCC to distinguish its quality products and services.
These trade marks and related proprietary property may not be used
except with the express written consent of SWDCC.
Limitation of
Liability
By using this site and its information you agree that SWDCC (and its agents, officers, directors and employees) are not liable for damages of any kind that accompany or result from your use of the swisswater.com website. SWDCC makes no representation or warranty of any kind, express or implied, regarding swisswater.com and/or any material or information provided on the website, all of which are provided on an “as is” and “as available” basis. SWDCC does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of swisswater.com or any of the content or data found on the website and expressly disclaims all warranties and conditions. SWDCC does not warrant that the function of the website will be
uninterrupted or error free, that defects will be corrected, or
that this site or the server that makes it available are free of
viruses or other harmful components. SWDCC does not warrant or make
any representations regarding the use or the result of use of
material on this site in terms of its correctness, accuracy, and
reliability or otherwise. SWDCC is not responsible for late, lost,
incomplete, illegible, misdirected or stolen messages or mail,
unavailable network connections, failed, incomplete, garbled or
delayed computer transmissions, on-line failures, hardware,
software or other technical malfunctions or disturbances or any
other communications failure or circumstance affecting, disrupting
or corrupting communications.
SWDCC assumes no responsibility and shall not be liable for any
damage to, or viruses that may affect your computer equipment or
other property on account of your access to or use of
swisswater.com or your downloading of any material, data, text,
images, video or audio from swisswater.com. In no event shall SWDCC
be liable for any injury, loss, claim, damage, or any special,
exemplary, punitive, direct, indirect, incidental or consequential
damages of any kind arising out of or in any way connected with the
access to or use of swisswater.com or content found therein.
Restrictions on Use of the swisswater.com
Website
The swisswater.com website may not, in whole or in part, be
copied, distributed, republished, uploaded, posted, reproduced or
transmitted in any way without the prior written consent of
SWDCC.
You may download, display and print material presented on the
swisswater.com website for your personal, non-commercial use only,
provided you don’t delete or change any copyright,
trade mark or other proprietary notice.
Submissions
All remarks, suggestions, ideas, graphics, or other information
communicated to SWDCC through or by reason of this site by email or
otherwise (collectively the "Submission") will forever be the
property of SWDCC. If you provide SWDCC with a Submission you grant
SWDCC a non-exclusive, royalty free, perpetual, irrevocable and
fully sub-licencable right to use, delete, reproduce, modify,
adapt, publish, translate, create derivative works for, distribute
and display such Submission throughout the world in any media, now
known or hereafter developed, and you waive all moral rights in the
Submission. You also grant SWDCC the rights to use the name you
submit with the Submission, if any, in connection with
SWDCC’s rights hereunder.
SWDCC will not be required to treat any Submission as
confidential, will not be liable for any ideas for its business
(including without limitation, product or advertising ideas) and
will not incur any liability as a result of any similarities that
may appear in future SWDCC operations. Without
limitation, SWDCC will have the exclusive ownership of all present
and future existing rights to the Submission of every kind and
nature everywhere. SWDCC will be entitled to use the Submission for
any commercial or other purposes whatsoever without compensation to
you or other persons sending a Submission. By access to this site
you acknowledge that you are responsible for whatever material you
submit, and you, not SWDCC, have full responsibility for the
message, including its legality, reliability, appropriateness,
originality and copyright. SWDCC does not warrant or make any
representation regarding the use of the materials contained in this
site in terms of correctness, accuracy, reliability or
otherwise.
Privacy
You have read the SWDCC Privacy Policy, the terms of which
appear on swisswater.com, and are incorporated into these Terms and
Conditions, and agree that the terms of such Privacy Policy are
reasonable. You consent to the use of your personal information by
SWDCC and/or third parties in accordance with the terms of and for
the purposes set out in the SWDCC Privacy Statement.
Links
The swisswater.com website contains links to other websites
which are provided solely as a convenience to you and the inclusion
of any link does not imply endorsement, investigation or
verification by SWDCC of the linked website or information
contained therein. SWDCC is not responsible for the content of any
other websites and makes no representation or warranty regarding
any other websites or the contents or materials on such
websites.
Modification
SWDCC reserves the right to, without notice, change the
swisswater.com website, including the Terms and Conditions of use
of swisswater.com. Please check this page periodically for changes.
Your use of swisswater.com will be conditional upon your acceptance
of the Terms and Conditions in force at the time of your use.
Indemnification
You shall indemnify and save harmless SWDCC, its officers,
directors, employees, consultants, representatives and agents from
and against any claim, cause of action or demand, including without
limitation reasonable legal, accounting and other professional
fees, brought as a result of your use of swisswater.com.
Relationships
The relationship between SWDCC and you will be that of
independent contractors and neither of us nor any of our respective
officers, agents or employees will be held or construed to be
partners, joint ventures, fiduciaries, employees or agents of the
other as a result of these Terms and Conditions or use of
swisswater.com.
Governing Law
These Terms and Conditions and the performance of the
obligations and enforcement of the rights herein shall be governed
by the laws of the Province of Ontario, Canada. You consent and
submit to the exclusive jurisdiction of the courts located in the
City of Toronto, in the Province of Ontario, Canada, in all
disputes arising out of or relating to the use of swisswater.com
and these Terms and Conditions.
Severability
These Terms and Conditions are severable. In the event any
provision of the Terms and Conditions is determined to be
unenforceable or invalid, such provision shall be enforced to the
fullest extent permitted by applicable law and such determination
shall not affect the validity and enforceability of any other
remaining provisions.
Headings
The headings used in these Terms and Conditions are included for
convenience only and do not limit or otherwise affect the Terms and
Conditions.
Entire Agreement
These Terms and Conditions, together with those incorporated or
referred to herein constitute the entire agreement between us
relating to the subject matter hereof and supersedes any prior
understandings or agreements (whether electronic, oral or written)
regarding the subject matter and may not be amended or modified
except in writing or by SWDCC making such amendments or
modifications available to it pursuant to the Terms and
Conditions.
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