PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEB SITE (“THE SITE” OR “THIS SITE”) OR PURCHASING PRODUCTS AND/OR SERVICES AND SUPPORT (“PRODUCT”). IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. THIS SITE IS PROVIDED TO THE USER (“YOU”) BY THE BUSINESS IDENTIFIED UNDER THE COPYRIGHT NOTICE ON THE BOTTOM OF THE HOME PAGE OF THIS SITE (“COMPANY”, “US” OR “WE”). The terms “Company”, “we”, “us”, “our” and “ours” when used in these Terms and Conditions mean the Company, and its parents, subsidiaries, divisions, branches, or affiliates.
1. Acceptance of Terms and Conditions. These Terms and Conditions (“Agreement”) apply to your use of this Site. This Agreement also applies to your purchase of Product sold in the United States by Pentair, including its affiliates or subsidiaries. By using this Site, accessing any information on this Site, or accepting delivery of Product, you agree to be bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, do not use the Site or download any materials from the Site. Further, if you have purchased Product and you do not wish to be bound by this Agreement, you must notify US and return your purchase pursuant to the Company's Return Policy, available at [e.g. www.Pentair.com/warranty] THIS AGREEMENT SHALL APPLY TO THE PURCHASE OF PRODUCT UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH THE COMPANY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER COMPANY TERMS AND CONDITIONS APPLY TO THE TRANSACTION. This Site is a business and commercial site, and as such, it is not intended for children or minors. This Agreement constitutes the entire and only agreement between us and you regarding your use of this Site and your purchase of Product through the Internet or by phone and forms a legally binding agreement. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, or your purchase of Product, and the subject matter of this Agreement, are specifically disclaimed and superseded by this Agreement. This Agreement may be amended at any time by us without notice to you. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and The Company. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained at [insert link for information contact online if applicable] or by contacting your local sales representative. This Agreement will be updated periodically and you should review this Agreement prior to using this Site and purchasing Product, and again from time to time when you return to this Site. If you cannot access this Agreement via the Internet, we can provide a copy of the most recent Agreement by e-mail upon request.
By your use of this Site and any functional portion thereof, including but not limited to, that certain application provided as a water diagnostic tool on the Site under the heading “What’s in My Water”, to assist in determining which Products may be suitable to your water filtration needs (“SMARTWORKS Diagnostic Application”), you agree and acknowledge that the Diagnostic Application: 1) is provided as a guide to potentially useful Products for information purposes only; 2) is to be used only in conjunction with our Products and in consultation with one of our qualified local dealers; 3) provides results based on estimates of water capacity, assessments of water quality and other customer information submitted by you or third parties you have retained, which information is subject to error and beyond the control of Everpure, LLC; 4) provides results based on calculations of water usage and determinations of water quality that are inherently inexact and susceptible of multiple interpretations; 5) provides results base on customer submitted equipment dimensions, specifications and capacities that may vary substantially based on many factors, including changes in equipment brands, models, installation architecture and other factors beyond those covered in the SMARTWORKS Diagnostic Application; and 6) given the limitations set forth in items 1) through 5) above, Everpure LLC and its parent company, Pentair, Inc. disclaim any warranty and make no guarantee as to the results obtained through the use of the Diagnostic Application and Products purchased as a result of such use.
ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, THE SMARTWORKS DIAGNOSTIC APPLICATION, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
2. Ownership. The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the “look and feel” of this Site, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws. You do not acquire ownership rights when viewing this Site. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from or make other use of the content of this Site. No part of any content, form, project, pattern, design, written instruction, image, photograph, text, the Diagnostic Application or any document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, except as expressly permitted by Sections 4 and 5 of this Agreement.
3. Trademarks. All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and/or trade names displayed, cited or otherwise indicated on this Site are trademarks and/or registered trademarks of ours or our affiliates or other third parties. The copying, redistribution, use or publication by you of any third party marks is strictly prohibited. The copying, redistribution, use or publication by you of any of our marks, except as expressly allowed by Sections 4 and 5, is strictly prohibited.
4. Limited Right to Use the Site.
(a) You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal and non-commercial use. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from or make other use of the content of this Site. No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, without our express written authorization. Any such authorization granted does not include any transfer of title.
(b) Your activities on the Site shall not: (i) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) contain or subject this Site to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (iv) place an undue burden on the software and hardware used in connection with the Site, (v) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass emails; (vi) seek to obtain sensitive or personally identifiable information from other users of the Site; or (vii) modify or alter any part of this Site, including, without limitation by (A) providing a link directly or indirectly to any other site from this Site, or (B) modifying or altering any material on this Site, including the SMARTWORKS Diagnostic Application. In addition, posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.
(c) Without our express prior approval, you shall not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. You shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Site.
(d) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Site for any reason, at any time, without notice.
5. Linking to the Site. Except as provided in this Section 5, all links from your web site to the Site must receive our prior written approval. Notwithstanding the foregoing, we hereby consent to links from your web site to the Site which: (a) have the limited purpose of promoting our goods and services; (b) only link to the homepage of the Site and not to “deeper” pages or graphics of the Site; (c) do not use any of our trademarks or logos for the form of the link or otherwise; (d) do not suggest an affiliation with or endorsement by us of you or your products or services; (e) do not place the Site in a frame within your web site when the link is activated; and (f) do not cause confusion with, dilute, or damage our reputation or goodwill or any of our goods or services, as determined by us in our sole discretion. We reserve the right to terminate the above consent at any time in our sole discretion. Persons or entities providing access to this Site via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning us or our affiliates. Any approval or consent given by us as described above is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Any person or entity providing access to, or information relating to this Site, whether by link or otherwise, is responsible for bringing this Agreement to the attention of the person receiving such access or information. Failure to do so shall not result in liability to us.
6. Editing, Deleting and Modification. We have the right, in our sole discretion, but not any obligation, to refuse, modify or remove any material submitted to or posted on the Site and to terminate, change, or suspend (temporarily or permanently) any aspect of the Site (or the entire Site) at any time and from time to time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability to remove any material that we in our sole discretion, find to be in violation of any provision hereof or otherwise objectionable in our sole discretion.
7. Payment Terms; Orders; Quotes; Interest. For the purchase of Product, terms of payment are within the Company's sole discretion, and unless otherwise agreed to by the Company, payment must be received by the Company prior to The Company's acceptance of an order. Payment for Product will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by the Company. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. The Company may invoice parts of an order separately. Your order is subject to cancellation by the Company, at the Company's sole discretion. The Company is not responsible for pricing, typographical, or other errors in any offer by the Company for Product and the Company reserves the right to cancel any orders resulting from such errors.
8. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling of Product are additional unless otherwise expressly indicated at the time of sale. Title to Product passes from the Company to Customer on shipment from the Company's facility. Loss or damage that occurs during shipping by a carrier selected by the Company is the Company's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify the Company within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide the Company with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
9. Return Policies; Exchanges. You must contact us directly before you attempt to return any Product to obtain a Return Material Authorization Number or “RMA” for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by the Company, the Company is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At the Company's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. For more information on returning products or for a copy of our return policy contact Everpure Customer Service at 630-307-3000.
10. Changed or Discontinued Product. The Company's policy is one of ongoing update and revision. The Company may revise and discontinue the SMARTWORKS Diagnostic Application or any Product at any time without notice to you and this may affect information saved in any sales through an online "cart." The Company will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog or the results from the use of the Diagnostic Application are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
11. Service and Support. Service offerings may vary from Product to Product. In addition to this Agreement, the Company and/or your third-party service provider may provide such service and support to you in the United States in accordance with the term and conditions delivered to you. The Company and/or your third-party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. The Company has no obligation to provide service or support until the Company has received full payment for the Product or service/support contract you purchased. The Company is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not Pentair.
12. Indemnification. You agree to indemnify, defend, release, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees, related to your violation of this Agreement and/or your access or use of the Site, the SMARTWORKS Diagnostic Application or any of the information or materials available, or Products purchased, through this Site.
13. Warranties and Disclaimer/Limitations of Liability.
All references on this Site to information, materials, and Product apply to information, materials, and Product available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.
(a) THE LIMITED WARRANTIES APPLICABLE TO PENTAIR-BRANDED PRODUCTS CAN BE FOUND IN THE DOCUMENTATION PENTAIR PROVIDES WITH THE PENTAIR-BRANDED PRODUCT. PENTAIR MAKES NO WARRANTIES FOR SERVICE, SUPPORT, OR NON-PENTAIR BRANDED PRODUCT, SERVICE OR SUPPORT. SUCH PRODUCT, SERVICE, OR SUPPORT IS PROVIDED BY PENTAIR "AS IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY PENTAIR. PENTAIR MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN PENTAIR'S APPLICABLE PENTAIR-BRANDED WARRANTY OR PRODUCT OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. PENTAIR-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND PENTAIR IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE PRODUCT OR SERVICES UNTIL PENTAIR RECEIVES PAYMENT IN FULL. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.
(b) THE INFORMATION AND MATERIALS PROVIDED FROM, AT OR THROUGH THIS SITE AS WELL AS THE RESULTS OBTAINED OR PRODUCTS IDENTIFIED THROUGH THE USE OF THE SMARTWORKS DIAGNOSTIC APPLICATION IS PROVIDED "AS IS," "AS AVAILABLE," AND NONE OF PENTAIR, OUR AFFILIATES AND OUR SERVICE PROVIDERS AND AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) WARRANTIES RELATING TO TITLE AND NON-INFRINGEMENT, (3) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, IN THE OPERATION OF THIS SITE OR ANY PART OF IT, (4) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (5) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE, AND (6) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED, AND ANY AND ALL SUCH WARRANTIES ARE DISCLAIMED. THE INFORMATION AND MATERIALS PROVIDED AT THIS SITE OR THE SITE ITSELF MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. NONE OF US, OUR AFFILIATES, AND OUR SERVICE PROVIDERS AND AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE OR ANY INFORMATION OR MATERIALS PROVIDED AT THIS SITE. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked. Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.
(c) NONE OF PENTAIR, OUR AFFILIATES, OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, THE PROVISION OF SERVICES AND SUPPORT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT: (1) RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE, (2) RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SMARTWORKS DIAGNOSTIC APPLICATION OR ANY WEBSITE WITH WHICH IT IS LINKED, OR (3) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, PENTAIR IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PENTAIR, OUR AFFILIATES, AND SERVICE PROVIDERS AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED $100 U.S. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
(d) WATER USAGE CALCULATION AND WATER QUALITY ANALYSIS ARE INEXACT SCIENCES AND THE OTHER ACTIVITIES INCLUDED IN THE SITE ARE HIGHLY SUBJECTIVE DETERMINATIONS, WITH SMARTWORKS DIAGNOSTIC APPLICATION RESULTS VARYING WIDELY DEPENDING UPON THE ACCURACY, COMPLETENESS AND THOROUGHNESS OF THE ASSESSMENT, SPECIMEN CONTAMINATION, USER ERROR, TYPE OF SUPPLIES USED AND THE SKILL LEVEL AND EXPERIENCE OF THE PERSON PERFORMING THE ASSESSMENT. WE DO NOT GUARANTEE THE RESULTS OF ANY TEST RESULT OR DIAGNOSTIC ASSESSMENT MADE USING THE DIAGNOSTIC APPLICATION OR ANY OTHER INSTRUCTION, DESIGN, OR PROJECT PRESENTED ON THE SITE, AND WE DISCLAIM ALL LIABILITY FOR INACCURATE, FALSE OR UNSATISFACTORY RESULTS.
(e) YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED BY US WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
14. Limitations on Information. Reliance on the contents of this Site for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Neither we nor our affiliates shall be responsible for any errors of any kind (typographical or otherwise).
15. Use of Information Provided by the User. We reserve the right, and you authorize us, to use all information regarding your use of this Site and all information provided by you in any manner consistent with our Privacy Statement. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You grant us the right to edit, copy, display, publish and distribute any materials made available on the Site by you.
16. Privacy Statement. Our Privacy Statement, as it may change from time to time, is a part of this Agreement. By agreeing to this Agreement, you acknowledge you have read and understood the terms of our Privacy Statement and that you agree with it. (CLICK HERE TO ACCESS OUR PRIVACY STATEMENT). Neither we nor our affiliates shall be liable to you for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Statement.
17. Links to Third Party Web Sites. The Site may contain links and/or advertisements to other web sites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the actions, content, accuracy opinions expressed, privacy policies, products or services provided through such web sites, or made available through these resources or appearing in such websites. Neither we nor our affiliates shall have any liability to you for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. We have not investigated, monitored or checked for accuracy, completeness, or conformance with applicable laws and regulations any of these sites. Inclusion of any linked web site on the Site does not imply approval, acceptance, or endorsement of the linked web site or any of the products and services made available through such website by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
18. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) Description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached by mail at 5500 Wayzata Boulevard, Suite 800, Golden Valley, Minnesota 55416; phone: 763-656-5258; email: copyrightagent@pentair.com.
19. Information and Press Releases. The Site contains information about us and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Information about entities other than us and our affiliates contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
20. Miscellaneous. The Agreement created by your acceptance of the Terms and Conditions through your use of the Site or your purchase of Product shall be treated as though executed and performed in the jurisdiction of the business set forth under the copyright notice at the bottom of the home page of this Site (the “Governing Jurisdiction”), and shall be governed by and construed in accordance with the laws of the Governing Jurisdiction, without regard to conflict of laws principles. Access to, or use of, this Site or information, materials, and Product purchased on this Site may be prohibited by law in certain countries or jurisdictions. We do not make any representations or warranties regarding the use of or access to this Site or the purchase of Product outside of the Governing Jurisdiction and you are responsible for compliance with all applicable laws of the country from which you are accessing this Site or purchasing Product. Any cause of action by you with respect to the Site (and/or any information, Product purchased or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect. To the extent that anything in or associated with the Site or Product is in conflict or inconsistent with this Agreement, this Agreement shall control. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of this Agreement, your use of the Site, or your purchase of Product, and neither we nor you have any authority of any kind to bind the other in any respect whatsoever or to take any action which shall be binding on the other, except as authorized in writing by the party to be bound.
21. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND THE COMPANY, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Pentair") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Pentair's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED [BY THE NATIONAL ARBITRATION FORUM (“NAF”) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com/, or via telephone at 1-800-474-2371)]. In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Pentair. NEITHER CUSTOMER NOR PENTAIR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act, 9 U.S.C. secs. 1-16 (“FAA”). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Pentair will be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
22. Contacting Us. If you have any questions regarding this Agreement or any other matter, please contact us.
We hope that you enjoy your visit to this Site and any Product purchased from this Site. Thank you.