EasyWater Terms of Service.

This Site and the materials within it are ©2012 FREIJE Treatment Systems (“FREIJE”). Viewing this Site creates a copy of FREIJE materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.

This page describes the terms and conditions (“Terms of Service”) that govern your use of certain products offered by EasyWater.com, EasyWaterBlog, EasyWater Mobile, EasyWater Testimonials & Reviews, How To Install EasyWater and EasyWater Commercial (collectively referred to as “EasyWater”). Freije Treatment Systems, Inc., dba EasyWater, owns and operates EasyWater.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE OFFERED BY EASYWATER. THIS AGREEMENT SETS FORTH

THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF EASYWATER AND THE SITES OWNED AND OPERATED BY EASYWATER. BY USING EASYWATER IN ANY MANNER, INCLUDING BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE DEV.EASYWATER.COM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF EASYWATER PRODUCTS, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER INFORMATION OR MATERIALS ON THE SITE.

  1. Acceptance of Terms of Service

    By accessing, browsing, or otherwise using the EasyWater.com website (the “Site”) you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.

  2. General Description of the Site.

    The Site is a collaborative website that allows individuals to share their ideas and interests with the EasyWater community. Through the Site you are able to vote and comment on content found on EasyWater. You can make connections with friends and learn about others in the EasyWater community.

    Adults Only. The Site is intended for adults only. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the EasyWater.com website is not intended for children under 13. If you are under 13 years of age, please do not use the EasyWater.com website as there are many other great websites for you. Talk to your parents about what sites are appropriate for you.

    In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), EasyWater will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy, available at EasyWater.com/privacy-policy, for more information including how to notify us of any concerns in this regard.

    Right to Modify Site. EasyWater reserves the right to immediately change, suspend, remove, or discontinue any part of the Site or any content (whether submitted by EasyWater or by an individual) for any reason, without prior notice or liability.

  3. Visitor Conduct.

    Conditions of Use. As a condition of use, you agree to all of the following:

    1. You acknowledge that the Site is for personal use only. You agree that you will not use the Site for any commercial purposes.

    2. You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the EasyWater forum or blog.

    3. You must not harass, threaten, impersonate, or intimidate other EasyWater community members.

    4. You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

    5. You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.

    6. You must not transmit any worms or viruses or any code of a destructive nature.

    7. You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).

    8. You must not use the Site for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable Content.

    9. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant EasyWater all of the license grants granted herein.

    10. You agree that you shall be solely responsible for your own Content and the consequences of posting or publishing it. EasyWater reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of EasyWater at any time, for any or no reason, without prior notice or warning, and without liability.

  4. Content Submitted for Inclusion or Made Available on the Site.

    The Site permits you to share your own pictures, text, or other content (“Content”) with members of the Site by uploading your Content to the Site. Because you own that Content, we need to license certain rights from you in order to provide it on the Site. Content is not necessarily reviewed by EasyWater prior to posting and does not necessarily reflect the opinions or policies of EasyWater. EasyWater makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the Content or accuracy and reliability of the Content or any material or information that you transmit to other members.

    License Grants. When you post your own copyrightable Content on or through the Site, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Site you grant EasyWater a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, prepare derivative works of, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.

    Links to Other Sites and Resources. The Site contains links to other websites or resources. EasyWater has no control over such external sites and resources. You agree that (i) EasyWater is not responsible for the availability or accuracy of such external sites and resources, and (ii) EasyWater does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external Sites and resources.

    Inappropriate Member-Submitted Content. EasyWater prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) EasyWater is not and cannot be responsible for Content posted by users, visitors, or members of the Site, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.

  5. Use License.

    EasyWater and FREIJE jointly grant you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products from this Site.

    Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to EasyWater that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site.

  6. Trademarks.

    The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of FREIJE and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. FREIJE aggressively enforces its intellectual property rights to the fullest extent of the law. The name of EasyWater or the other EasyWater formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from FREIJE. FREIJE prohibits use of EasyWater logo as part of a link to or from any Site unless establishment of such a link is approved in advance by FREIJE in writing. Fair use of FREIJE’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

    EasyWater may also make employment information available through EasyWater.com. EasyWater is an equal opportunity employer. EasyWater provides equal employment opportunities to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Our policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

    THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF EASYWATER OR ANY OF ITS EMPLOYEES, AFFILIATES, OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO- DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

  7. Copyright Policy.

    We respect the intellectual property rights of others, and we ask that our website visitors do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the memberships of those who we believe in good faith are repeatedly infringing copyrighted works.

  8. Product Orders.

    While we will use our best efforts to fulfill all orders, FREIJE cannot guarantee the availability of any particular product displayed on this Site. FREIJE reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

    Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

    The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

    While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. FREIJE reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

    For further information about purchasing products from FREIJE, please read our FAQ: General Information About Products and our Product Return Policy carefully.

  9. No Warranties; Exclusion of Liability.

    You assume all responsibility and risk for the use of EasyWater.com and the Internet in general. Easywater.com is provided by EasyWater on an as-is basis. EasyWater, its agents, employees, and affiliates make no representation or warranties of any kind, express or implied, as to the operation of our website or the information, content, materials or products included on our website. To the full extent permissible by applicable law, EasyWater, its agents, employees, and affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights and freedom from errors, viruses, bugs or other harmful components. EasyWater, its agents, employees, and affiliates won’t be liable for damages of any kind arising from the use of EasyWater.com including, but not limited to direct, indirect, special, incidental, punitive, consequential damages or damages resulting from loss of use, data, profits or business interruption arising from or in any way connected with the use of EasyWater.com. This also includes any delays on EasyWater.com, the inability to use EasyWater.com, or any portion thereof, or any hyperlinked website, whether based on contract, tort, negligence, strict liability or otherwise, even if EasyWater, its agents, employees, and affiliates has been advised of the possibility of such damages.

    Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

  10. Privacy Policy.

    EasyWater takes the privacy of its members very seriously. Our Privacy Policy is available at EasyWater.com/privacy- policy. By accepting the Terms of Service, you agree to be bound by our Privacy Policy.

  11. Termination.

    EasyWater reserves the right to terminate your EasyWater.com subscription immediately, without prior notice or liability, for any reason. If EasyWater terminates your subscription, your right to use the Site will immediately cease. You can terminate your EasyWater.com subscription at any time and for any reason, and we will make available through the Site reasonable means for you to do so. All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

  12. General.

    You agree that this agreement and your use of this Site are governed by the laws of the State of Indiana, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Greenfield, Indiana, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. EasyWater has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

    You agree that EasyWater may at any time and without notice change the terms, conditions and notices under which this Site is offered.

    You agree that no joint venture, partnership, employment or agency relationship exists between you and EasyWater as a result of this agreement or your use of this Site.

    EasyWater’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of EasyWater’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by EasyWater with respect to such use.

    This agreement, the Privacy and Copyright policies, and any terms of sale for purchases constitute the entire agreement between you and FREIJE with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EasyWater with respect to this Site. No modification of this agreement shall be effective unless it is authored by EasyWater, or unless it is physically signed in blue ink by an EasyWater officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by EasyWater or FREIJE in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by EasyWater or FREIJE in printed form.

  13. Miscellaneous.

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EasyWater without restriction.

    Mediation/Choice of Laws/Jurisdiction: The parties agree that any disputes that may arise as a result of this Agreement or the provision of products or Sites as a result of this Agreement will first be attempted to be resolved through discussion between the parties. If the dispute cannot be resolved on terms satisfactory to both parties, the parties shall in good faith enter into mediation to resolve the dispute. Upon failure to mediate any such disputes in good faith, the parties may resolve the dispute through any other legal means available, including arbitration or litigation. The laws of the State of Indiana shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the parties hereto. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in Hancock County, Indiana, with the laws of the State of Indiana applied, and the judgment upon award may be entered in any court having jurisdiction thereof. Furthermore, you agree to indemnify EasyWater for all reasonable costs and expenses (including attorney’s fees) incurred in order to enforce the terms of this Agreement.

    Waiver and Severability. The failure of EasyWater to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

    Notices. EasyWater may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other Site-related announcements, by email and/or by postings on the Site (for example, by posting to the blog, or on the relevant page(s) of the Site affected by such changes).

    Contacting Us If you have any questions about this agreement, please call us at 1-888-766-7258, email us at customerservice [at] EasyWater.com, or write us at:

    EasyWater
    Attention: Internet Customer Site
    4202 North Awning Court
    Greenfield, IN 46140

    Although EasyWater will in most circumstances be able to receive your e-mail or other information provided through this, EasyWater does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Please also be aware that Internet e-mail typically is not secure.

Last Updated data November 15, 2012.