Terms of Use
Version 1.1, Modified 16 July 2020
Contents:
1. Acceptance of Our Terms of Use
2. Changes to the Terms of Use
3. Products and Connected Devices
8. App Usage
10. Limitations on the Use of the Services
11. Intellectual Property Rights
12. Trademarks
13. Feedback
14. Linking to our Websites and Social Media Features
16. Subscriptions to Connected Offerings
17. Data
19. Notice of Infringement – DMCA Policy
20. Export Control
23. Indemnification
24. Governing Law
25. Jurisdiction
27. Entire Agreement
30. Force Majeure
1. Acceptance of Our Terms of Use
The following terms and conditions (collectively, these "Terms of Use") govern your access to and use of:
i. Our websites, including www.watts.com (and any successor site thereto) and any other websites that are owned or maintained by or on behalf of Watts (the “Websites”);
ii. Our mobile and desktop applications (the “Apps”);
iii. Any software, software-as-a-service, content, information, functionality, and service offered on, through, or in connection with our Websites and/or Apps (together with the Apps and Websites, the "Connected Offerings"); and
iv. The connective functionality of products that access any of the Connected Offerings (the “Connected Devices”);
v. Watts products that include or operate with Connected Devices (the “Products”).
The Connected Offerings and Connected Devices are referred to collectively as the “Services.” The Services are offered to you (hereinafter, “you” or “Customer”) by Watts Water Technologies, Inc. and its affiliates, subsidiaries, divisions and companies ("Watts", "we" or "us").
Additionally, your purchase of a Product is governed by a separate limited warranty accompanying your Product that does not cover the Connected Devices. That warranty, along with any installation, operation, and maintenance instructions, may set forth additional requirements and limitations regarding your use of the Product. Furthermore, use of certain features of the Services may be subject to additional guidelines, terms or rules, which will be available on or with the Product, Connected Devices, or Connected Offerings. All additional guidelines, terms, rules, and the installation, operation, and maintenance instructions are hereby incorporated by reference in these Terms of Use and you agree to abide by them in using our Services.
Please read these Terms of Use carefully before you start to use our Services. THIS IS A LEGAL AGREEMENT. BY USING OUR SERVICES, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR BY CLICKING “AGREE,” YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. If you do not agree to these Terms of Use, you must not access or use our Services. For clarity, if you do not agree to these Terms of Use, you may still use our Products with limited functionality without the Connected Devices.
Our Services are offered and available to users who are at least 18 years of age or older. By using our Services, you represent and warrant that you are at least 18 years of age or older. If you are not at least 18 years of age or older, you must not access or use our Services.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion and the most current version will be posted on our Website. Upon making any revision or update, we will also update the “Last Modified” date at the top of these Terms of Use. If an update contains any changes that materially affect your use of the Services, we will notify you through our Services and/or by email to the email address associated with your Account and follow such other procedures, e.g., asking for your consent, as are required by applicable law.
All changes are effective immediately for new users and, for existing users thirty (30) days after we post them or such other date as we may specify in the updated Terms of Use. The revised Terms of Use will thereafter apply to all access to and use of our Services.
If you do not agree to any change(s) after receiving a notice of such change(s), you should stop using our Services. Please check one or more of our Connected Offerings regularly to view our then-current Terms of Use.
3. Products and Connected Devices
You are solely responsible for properly installing the Products pursuant to the installation instructions and for testing the Products and Connected Devices once installed to confirm that the Products and Connected Devices are functioning as intended. You agree to comply with all applicable building and plumbing codes in installing the Products. Watts is not responsible for damages resulting from improper use, installation, or maintenance.
If your Product contains batteries, please check batteries in the Product regularly. You are solely responsible for replacing any batteries for the Product, when necessary. YOU UNDERSTAND AND AGREE THAT THE PRODUCT MAY NOT PROPERLY FUNCTION IF THE BATTERIES NEED TO BE REPLACED.
The Connected Devices may be used in connection with the Connected Offerings either through your home wireless network or, if applicable, any third-party cellular service provider engaged by us to provide the Connected Offerings. If you choose to not access the Connected Offerings through either method, the Products may be used with limited functionality without the Connected Devices.
The Connected Devices may use certain open or commonly available standards to access the Connected Offerings that are made available by third parties, including Wi-Fi, Bluetooth, virtual assistants (e.g., Amazon Alexa and Google Home), and IP devices. NOTE THAT ANY SMART, CONNECTED OR OTHER DEVICE AND RELATED SERVICES THAT ARE NOT MADE AVAILABLE BY WATTS (“THIRD-PARTY PRODUCTS AND SERVICES”) AND WHICH ARE NOT DESIGNATED BY US AS BEING COMPATIBLE WITH THE CONNECTED DEVICES MAY NOT WORK WITH THE CONNECTED DEVICES, MAY CAUSE THE CONNECTED DEVICES TO HAVE LIMITED FEATURES OR FUNCTIONALITY OR MAY OTHERWISE CAUSE ERRORS TO THE CONNECTED DEVICES . YOU AGREE ONLY TO USE THIRD-PARTY PRODUCTS AND SERVICES EXPRESSLY DESIGNATED BY US AS COMPATIBLE WITH THE CONNECTED DEVICES.
These Terms of Use will remain in full force and effect so long as you continue to access or use our Services, or until terminated in accordance with the provisions of these Terms of Use. YOU UNDERSTAND AND AGREE THAT we reserve the right to withdraw or amend our Services, and withdraw or amend our support for our Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to users, including registered users, to some parts, or all, of our Services for maintenance, repair or other circumstances as we deem reasonably necessary, without notice. You agree that you are not entitled to any refund on fees paid during any such period of suspension.
To access certain of our Services, such as the App and/or our other Connected Offerings or certain portions of the Website, or to register the Products, you may be asked to create an account (your “Account”) and to provide certain registration details or other information, including your name, email address, phone number and address. Some Products may require you to enter a product code from or in the relevant Connected Offerings in order to utilize the available functionalities of the Connected Offerings in connection with the Products. All the information you provide on your Account must be correct, current and complete. You agree that our collection, use and disclosure of all information (including, for example, any personal information) you provide to register with our Services including but not limited to through the use of any interactive features on our Services, is governed by our Privacy Policy and you expressly consent to all actions we take with respect to your information, including without limitation any personal 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 also acknowledge that your Account is personal to you and agree not to provide any other person with access to our Services including any restricted portions of the Website, provided, however, that you may designate individuals (e.g., other household members or contractors you engage to install the Product) to access the Services through your Account (“Authorized Users”). You agree that you are responsible for any acts or omissions of your Authorized Users. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. 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.
YOU UNDERSTAND AND AGREE THAT 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, TO PREVENT A BREACH OF THESE TERMS OF USE OR TO PROTECT THE SERVICES, DATA OF OTHERS, OR FOR SIMILAR PURPOSES. Watts will use commercially reasonable efforts to notify you prior to any such suspension or disablement, unless Watts reasonably believes that: (i) it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates, and the like; or (ii) it is necessary to delay notice in order to prevent imminent harm to the Services or a third party. Under circumstances where notice is delayed, we will provide the notice if and when the related restrictions in the previous sentence no longer apply.
Subject to your compliance with these Terms of Use, we hereby grant to you, a limited, personal, worldwide, royalty-free, non-assignable, non-sublicensable (except to your Authorized Users), non-transferrable, and non-exclusive license during the term of these Terms of Use to (a) access and use the Services, (b) to download and install one copy of the Apps on your personal mobile device and (c) use the software (solely in object code form) embedded in the Connected Devices, in each case solely in connection with your use of the Connected Devices in the manner permitted by these Terms of Use and subject to the use restrictions described in Section 7 and Section 10. For clarity, this license does not grant you any right to resell our Services, or otherwise make the Services available for third parties (other than your Authorized Users). You must not access or use for any commercial exploitation any part of our Services, unless you are an authorized sales representative for use in selling our Products, or are using our Services as part of a paid subscription.
You may use our Services only for lawful purposes and in accordance with these Terms of Use. Nothing in these Terms or Use or our Privacy Policy permits or authorizes any action by you or any use by you of our Services that is not in compliance with any applicable laws or regulations, in any jurisdiction. You agree not to use our Services:
i. 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).
ii. 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.
iii. To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
iv. To impersonate or attempt to impersonate Watts, a Watts employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
v. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm Watts or users of our Services, or expose them to liability.
Additionally, you agree not to:
i. except as expressly set forth herein, modify, copy, reproduce, distribute, download or transmit the Services;
ii. create derivative works of the Services;
iii. sell, lease, rent, or otherwise offer for sale the Services or any information contained thereon, or obtained therefrom;
iv. decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
v. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
vi. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
vii. use our Services in any manner that could disable, overburden, damage, or impair the networks and servers connected to the Services or interfere with any other party's use of our Services, including their ability to engage in real time activities through our Services;
viii. use any device, software or routine that interferes with the proper working of our Services;
ix. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
x. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer or database connected to our Services.
xi. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
xii. attack our Services via a denial-of-service attack or a distributed denial-of-service attack; or
xiii. otherwise attempt to interfere with the proper working of our Services.
You are responsible for providing the mobile device, wireless service plan, Internet connections and/or other equipment or services that you need to download, install and use any App. We do not guarantee that the Apps can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Apps will be available in any particular geographic location. As part of your use of an App, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with such App (“Push Messages”). You acknowledge that, when you use the Apps, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the App settings or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Apps. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Apps on your mobile device, including for your receipt of Push Messages from us.
The following terms and conditions apply to you only if you are using an App from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the Apps from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and Watts, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of the Apps must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Apps to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Watts acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims, (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. You and Watts acknowledge that, in the event of any third party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights, Watts, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third-party terms of agreement when using the Apps. You and Watts acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the Apps, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Watts may from time to time develop patches, bug fixes, updates, upgrades and other modifications (“Updates”) to improve the performance of our Services and for other purposes permitted by law. We may automatically install Updates to deliver patches and bug fixes, and other Updates permitted by law, without providing any additional notice or receiving any additional consent. BY USING OUR SERVICES, YOU ARE CONSENTING TO THE DELIVERY OF SOFTWARE UPDATES OF THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE OUR SERVICES. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that in certain instances, you may be required to manually install Updates to use our Services and you agree to promptly install any Updates Watts provides.
10. Limitations on the Use of the Services
The Services are intended to be used solely for non-time-critical information and control of the Services. The Services are not error-free or 100% reliable and 100% available. The accessibility of the Services is subject to interruptions and failures for reasons beyond our control, including issues with respect to your wireless network or our third-party cellular service provider’s uptime levels due to power outages, network interference, unavailability of radio frequency channels, or insufficient bandwidth, among other things. As a result, the Services may be interrupted, delayed, refused, or otherwise limited. We cannot and do not guarantee that you will receive notifications within any given time, or at all. We are not responsible for any damages caused by the inaccessibility or delay of the Services
You hereby acknowledge that our Services are not certified for emergency response. We make no warranty or representation that use of the Services will affect or increase any level of safety in the event of a leak or other emergency. YOU UNDERSTAND THAT OUR SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM AND THAT UNDER NO CIRCUMSTANCES WILL WATTS DISPATCH EMERGENCY SERVICES TO YOUR HOME IN THE EVENT OF AN EMERGENCY.
11. Intellectual Property Rights
WATTS RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND ASKS USERS OF OUR SERVICES TO DO THE SAME.
Our Services and their 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 Watts, its licensors 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.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Services in breach of these Terms of Use, or breach these Terms of Use in any other way, your right to use our 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 our Services is transferred to you, and all rights not expressly granted are reserved by Watts. Downloading or using any Connected Offering that is software, including the App, does not give you title to such software. Any use of our 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.
Watts’ name and all related names, logos, product and service names, designs and slogans on our Services are trademarks of Watts or its licensors. You must not use such marks without the prior written permission of Watts. All other names, logos, product and service names, designs and slogans on our Services are the trademarks of their respective owners.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Watts, and Watts may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Watts any and all right, title and interest that you may have in and to any and all Feedback.
14. Linking to our Websites and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Our Connected Offerings may provide certain social media features that enable you to:
i. Link from your own or certain third-party websites to certain content on our Connected Offerings.
ii. Send e-mails or other communications with certain content, or links to certain content, on our Connected Offerings.
iii. Cause limited portions of content on our Connected Offerings to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
i. Cause our Connected Offerings, or portions of them, to be displayed, or appear to be displayed by framing on any other site.
ii. Use our Services in a manner that is contrary to any applicable laws or regulations.
iii. Otherwise take any action with respect to the materials on our Connected Offerings that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Our Services may contain links to third party websites or technology (“Third Party Technology”) or otherwise use or incorporate Third Party Technology. We have no control over the Third-Party Technology, and, except as may be set forth in the installation, operation, maintenance instructions, or product-specific warranty, accept no responsibility for them or for any loss or damage that may arise from your use of them. Watts does not endorse and is not responsible or liable for the products or services provided by such third parties. Except as set forth in the installation, operation, or maintenance instructions, Watts is not responsible for the operation or functionality of such Third-Party Technology and you are solely responsible for your use of any such Third-Party Technology. In addition, we may provide you with software governed by an open source license. If there are provisions in those open source licenses that expressly conflict with these Terms, the relevant open source provision will govern only to the extent of that express conflict. EXCEPT AS SET FORTH IN THE INSTALLATION, OPERATION, AND MAINTENANCE INSTRUCTIONS, ANY THIRD PARTY TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF YOUR DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH THIRD PARTY TECHNOLOGY.
16. Subscriptions to Connected Offerings
Where applicable, the prices, features, and options of the Connected Offerings depend on the subscription plan selected by you. We do not represent or warrant that a particular subscription plan will be offered indefinitely and reserve the right to change the prices for or alter the features and options in a particular subscription plan without prior notice.
Our subscription plans automatically renew unless otherwise noted. If you purchase a subscription plan, it will automatically renew, unless, prior to the end of the current period of effectiveness of the subscription plan: (i) you terminate your Account; (ii) you set your Account not to auto-renew; (iii) Watts declines to renew your subscription plan; or (iv) these Terms of Use are otherwise properly terminated as expressly permitted herein. Subscription plan fees and features may change over time and we may recommend a new subscription plan that is comparable to your previous one that is ending. If you accept the new subscription plan, its terms and conditions with these Terms of Use will apply thereafter.
Customer will timely pay Watts all fees associated with the Customer’s subscription plan, the Customer’s Account or use of the Connected Offerings, including, but without limitation, by your Authorized Users. ALL PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE. Charges for pre-paid subscription plans will be billed to the Customer in advance. Charges for per-use purchases and standard subscription plan charges will be billed in arrears unless otherwise specified in the subscription plan.
When you purchase a subscription plan, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. All payments will be processed by our third-party payment processor and subject to its terms of service and privacy policy. BY AGREEING TO A SUBSCRIPTION PLAN, THE CUSTOMER AUTHORIZES WATTS OR ITS AGENT TO CHARGE ITS PAYMENT METHOD ON A RECURRING (E.G. MONTHLY OR YEARLY) BASIS (“AUTHORIZATION”) FOR: (i) THE APPLICABLE SUBSCRIPTION PLAN CHARGES; (ii) ANY AND ALL APPLICABLE TAXES; AND (iii) ANY OTHER CHARGES INCURRED IN CONNECTION WITH THE CUSTOMER’S USE OF THE SERVICES. The Authorization continues until termination of these Terms of Use.
If we do not receive payment when due, the Customer agrees to pay all amounts due upon demand. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. The Customer will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by us to collect any amount that is not paid when due. We may accept payment in any amount without prejudice to our right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to us may not be withheld or offset by the Customer for any reason against amounts due or asserted to be due from Watts.
Watts will provide billing and usage information in a format we choose, which may change from time to time. We reserve the right to correct any errors or mistakes that we identify even if we have already issued an invoice or received payment. The Customer agrees to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your invoice. If the Customer does not bring such problems/discrepancies to our attention within thirty (30) days, Customer agrees to waive its right to dispute such problems or discrepancies.
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and/or prorations. The Customer agrees that we may (at our option) accumulate charges incurred during a billing cycle and submit them as one or more aggregate charges during or at the end of a cycle, and that we may delay obtaining authorization or payment from the Customer’s payment card issuer until submission of the accumulated charge(s).
All payments required by these Terms of Use are stated exclusive of all taxes, duties, levies, fines or similar governmental assessments, including sales and use taxes, value-added taxes , goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on Watts’s net income (collectively, “Taxes”). The Customer shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the Connected Offerings. Taxes shall not be deducted from the payments to us, except as required by law, in which case the Customer shall increase the amount payable as necessary so that after making all required deductions and withholdings, we receive and retain (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. The Customer hereby confirms that Watts can rely on the name and address set forth in Customer’s Account as being the place of supply for sales tax purposes.
If you register for a free trial, promotional offer or other type of limited offer for use of a paid service of the Connected Offerings (“Free Trial”), you may be presented with additional terms and conditions when registering for a Free Trial, and any such additional terms and conditions are hereby incorporated into these Terms by reference and are legally binding. Watts reserves the right to reduce the term of a trial period or end it altogether without prior notice. The version of the Connected Offering that is available for a Free Trial may not include or allow access to all features or functions, and such Connected Offering made available during a Free Trial must be used before the end of the specified Free Trial period. ANY DATA THAT A CUSTOMER ENTERS INTO THE SERVICES, AND ANY CONFIGURATIONS MADE BY OR FOR A CUSTOMER, DURING THE FREE TRIAL WILL BE PERMANENTLY LOST AT THE END OF THE TRIAL PERIOD UNLESS THE CUSTOMER: (i) PURCHASES A SUBSCRIPTION PLAN TO THE CONNECTED OFFERING THAT IS EQUIVALENT TO OR GREATER THAN THOSE COVERED BY THE TRIAL; OR (ii) EXPORTS SUCH DATA BEFORE THE END OF THE TRIAL PERIOD.
You shall be responsible for any data that you provide to us through or in connection with the Services (the “Data”) including (i) information about you and (ii) information about products, such as installation information, serial numbers, registration, warranties, servicing and testing information, images and locations of products, including but not limited to the Products and other Watts or third party products (the “Product Data”). For clarity, Product Data does not include information about you. You are responsible for ensuring that the Product Data you provide is accurate and complete. We may use any Data you provide in any manner consistent with our Privacy Policy, and by providing any Data you consent to our use of such Data in accordance with our Privacy Policy. You are solely responsible for complying with any regulations, laws, or conventions applicable to the Data you provide, and your use of the Services. You represent and warrant that you have the necessary rights and licenses required to provide your Data to Watts in connection with your use of the Services and that by providing such Data in this manner, you are not violating any intellectual property rights of third parties, privacy rights of individuals, confidential relationships, contractual obligations or applicable laws. Customer and its Authorized Users acknowledge that Watts may process such Data in accordance with its Privacy Policy. You agree that you shall not process or submit to the Services any Data that includes any: (i) “Personal Health Information” as defined under the Health Insurance Portability and Accountability Act; (ii) government issued identification numbers including Social Security numbers, driver’s license numbers and other state-issued identification numbers; (iii) financial account information including bank account numbers; (iv) payment card data, including credit card or debit card numbers, unless expressly requested by us in connection with your use of the Services; or (iv) “sensitive” personal data, as defined under the General Data Protection Regulation 2016/679 (“GDPR”) and any national laws adopted pursuant to GDPR, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission of any crime or offense.
The period of effectiveness of these Terms of Use (“Term”), with respect to Services, begins on the date the Customer accepts these Terms of Use and continues until its use of the Services ceases (including as a result of termination in accordance with this section), whichever is later.
You may terminate your Account at any time upon ten (10) days’ advance written notice to us as provided in Section 31.
A Customer will be in default of these Terms of Use if: (i) it fails to timely pay any amount owed to us; (ii) it or an Authorized User associated with its Account breaches any provision of these Terms of Use or violates any other published policy applicable to the Services; (iii) it is or becomes subject to any proceeding under the bankruptcy code or similar laws; or (iv) if, in our sole discretion, we believe that continued use of the Services by the Customer (or its Authorized Users) creates legal risk for Watts or presents a threat to the security of the Services, the servers or networks connected thereto or Watts’s customers. If a Customer is in default, we may, without notice: (A) suspend its account and use of the Services; (B) terminate its Account; (C) charge reactivation fees in order to reactivate its Account; and (D) pursue any other remedy available to us.
If these Terms of Use expire or are terminated for any reason: (i) Customer will pay to Watts any amounts that have accrued before, and remain unpaid, as of the date of the termination or expiration, including those for the billing cycle in which termination occurs; (ii) any and all of Customer’s liabilities to us that have accrued before the effective date of the expiration or termination will survive; (iii) all licenses and use rights granted to Customer with respect to the Services and intellectual property will immediately terminate; (iv) Watts’s obligation to provide any further services to Customer under these Terms will immediately terminate, except any such services that are expressly to be provided following expiration or termination of these Terms; and (v) the provisions of Sections 3, 8(b), 11-13, 15, 18, and 20-30 will survive.
19. Notice of Infringement – DMCA Policy
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the, Website, App or other Connected Offerings have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
i. Identification of the copyrighted work that is claimed to be infringed;
ii. Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Website, App or other Connected Offering;
iii. Information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
iv. A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
v. A statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
vi. The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: Watts Water Technologies, Inc., Attn: Legal Department, 815 Chestnut St., North Andover, MA or by e-mail to [email protected]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
You may not use, export, import or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone of the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services and Products, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services or Products for any purpose prohibited by U.S. law or other applicable laws, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Watts are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer them, or any portion thereof, either directly or indirectly, to any country in violation of such laws and regulations.
A specific, written limited product warranty is provided with certain Products. If the warranty terms of such specific, written limited product warranty applicable to a Product expressly conflict with these Terms, the relevant provision of these Terms will govern the Connected Devices, and the specific, written limited product warranty provided with the Product will govern for the other functionality of the Product.
You understand and agree that we cannot and do not guarantee or warrant that our 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 and Data for any reconstruction of any lost data. WE 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, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF, OR DOWNLOADING FROM, OUR SERVICES OR ON ANY OTHER WEBSITES LINKED TO OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR ANY STATUTORY OR IMPLIED CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS. NEITHER WATTS NOR ANY PERSON ASSOCIATED WITH WATTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WATTS NOR ANYONE ASSOCIATED WITH WATTS REPRESENTS OR WARRANTS THAT OUR SERVICES WILL BE ACCURATE, RELIABLE, TIMELY, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WATTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, WATTS DISCLAIMS AND EXCLUDES ANY STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR PURPOSE.
THERESTRICTIONS AND LIMITATIONS ON WARRANTIES AND CONDITIONS SET OUT HEREIN WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL WATTS, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY LEGAL THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, 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. YOU ARE SOLELY RESPONSIBLE FOR PROTECTING AND BACKING UP ANY DATA USED IN CONNECTION WITH, OR GENERATED THROUGH YOUR USE OF OUR SERVICES.
YOU AGREE THAT THE TOTAL LIABILITY OF WATTS, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS TO YOU, AND YOUR EXCLUSIVE REMEDY, IN LAW, EQUITY, OR OTHERWISE, FOR ANY SERVICES AND/OR BREACH OF THESE TERMS OF USE IS LIMITED TO AND SHALL NOT EXCEED THE GREATER OF (i) ONE HUNDRED UNITED STATES DOLLARS (US$100.00), OR (ii) THE AMOUNT YOU PAID FOR USE OF THE SERVICES, IF ANY, IN THE PAST SIX (6) MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Watts, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) any Data you provide to us, (b) your violation of these Terms of Use or (c) your use of our Services other than as expressly authorized in these Terms of Use.
The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. All matters relating to our Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, United States, without giving effect to any choice or conflict of law provision or rule (whether of Massachusetts or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You also agree to waive the right to trial by jury in any action relating to or arising out of these Terms of Use or our Services.
You further agree that any dispute or disagreement relating to or arising out of these Terms of Use or the Services shall be resolved on an individual basis. As such you acknowledge and agree that you may not bring a claim that relates or arises out of these Terms of Use or the Services as a plaintiff or a class member in a class action, a consolidated action, or a representative action. Class actions, representative actions, private attorney general actions, and consolidation with other actions are not permitted.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR SUCH CLAIM SHALL BE FOREVER BARRED.
No waiver by Watts 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 Watts to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
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.
These Terms of Use, together with all documents referenced herein, constitute the sole and entire agreement between you and Watts with respect to our Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Services. If there are any translations of these agreements, any inconsistencies or conflicts between the translations will resolve in favor of the English version.
You agree that a breach of these Terms of Use will cause irreparable injury to Watts for which monetary damages would not be an adequate remedy and Watts shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
If you are a California resident, 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 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Watts is not responsible for, any cessation, interruption or delay in the performance of the Services or its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; epidemics; pandemics; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Watts, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of Watts.
To ask questions or comment about these Terms of Use, contact us at:
By Email: [email protected]
North Andover, MA 01845-6098
By Phone: 877-689-6066 (toll free)
Thank you for using our Services.