Last Modified: July 24, 2018
Our Connected Offerings and Related Products are offered and available to users who are at least 18 years of age or older. By using our Connected Offerings and Related Products, 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 Connected Offerings and Related Products.
3. Accessing our Connected Offerings
These Terms will remain in full force and effect so long as you continue to access or use our Connected Offerings and Related Products, or until terminated in accordance with the provisions of these Terms. YOU UNDERSTAND AND AGREE THAT we reserve the right to withdraw or amend our Connected Offerings, and withdraw or amend our support for Related Products, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Connected Offerings or Related Products 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 Connected Offerings or Related Products.
4. Automatic Software Updates
Watts may from time to time develop patches, bug fixes, updates, upgrades and other modifications (“Updates”) to improve the performance of our Connected Offerings and Related Products. These may be automatically installed without providing any additional notice or receiving any additional consent. BY USING OUR Connected Offerings and Related Products YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATES OF THE RELATED PRODUCTS. IF YOU DO NOT AGREE, YOU SHOULD NOT USE OUR Connected Offerings and Related Products. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use our Connected Offerings and Related Products and you agree to promptly install any Updates Watts provides. Your continued use of our Connected Offerings and Related Products is your agreement – (i) to these Terms with respect to the Services, and (ii) to any End User License Agreement provided with our software.
5. Responsibilities and Prohibitions
You are responsible for:
- Making all arrangements necessary for you to have access to our Connected Offerings and Related Products.
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 Connected Offerings and Related Products, or portions thereof, using your user name, password or other security information, and agree that you are responsible for any acts or omissions of those to whom you give access. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
6. Intellectual Property Rights
WATTS RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND ASKS USERS OF OUR CONNECTED OFFERING AND RELATED PRODUCTS TO DO THE SAME.
Our Connected Offerings and Related Products 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.
- Your computer or mobile device may temporarily store copies of such materials locally incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of our Connected Offerings for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
- Our authorized sales representatives may use the material on our Connected Offersings to sell our products.
You must not:
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Connected Offerings and Related Products.
You must not access or use for any commercial exploitation any part of our Connected Offerings and Related Products, unless you are an authorized sales representative for use in selling our products, or are using our Connected Offerings and Related Products as part of a paid subscription.
To the extent that such restriction is permitted by applicable law, you are not permitted to reverse engineer, decompile, disassemble or otherwise attempt to extract the source code or methodology from our Connected Offerings and Related Products.
If you wish to make any use of our Connected Offerings and Related Products other than that set out in this section, please address your request to: firstname.lastname@example.org.
Please note that any non-personal information you provide to us through our Connected Offerings or Related Products about products that have been installed, such as product serial numbers, product registration and warranties, product servicing and testing information, and images and locations of the installed products, will become the property of Watts. For instance, information on services done to the product or images of the product that you provide to us for a particular installed product using our Watts app will become the property of Watts and may be shared with other users who use the Watts app to scan the product to determine the service history of the product. Examples, of products include backflow prevention valves, pressure regulating valves, thermostats, water filters, sterilizers and conditioners, and water heaters and boilers. Such products may be Watts products or third party products. You irrevocably authorize and consent to Watts using any non-personal information you provide. You also agree that any non-personal information you provide is the sole property of Watts and may be used in printed publications, videos, multimedia presentations, on websites or in any other promotional and advertising media, in whole or in part, and that you will make no monetary or other claim against Watts for the use of the non-personal information you provide.
Watts’ name and all related names, logos, product and service names, designs and slogans on our Connected Offerings and Related Products 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 Connected Offerings and Related Products are the trademarks of their respective owners.
8. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- 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).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Connected Offerings and Related Products, or which, as determined by us, may harm Watts or users of our Connected Offerings and Related Products, or expose them to liability.
Additionally, you agree not to:
- Use our Connected Offerings and Related Products in any manner that could disable, overburden, damage, or impair the sites or applications or interfere with any other party's use of our Connected Offerings and Related Products, including their ability to engage in real time activities through our Connected Offerings and Related Products.
- Use any manual process to monitor or copy any of the material on our Connected Offerings and Related Products or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of our Connected Offerings and Related Products.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Connected Offerings and Related Products, the server on which our Connected Offerings and Related Products are stored, or any server, computer or database connected to our Connected Offerings and Related Products.
- Attack our Connected Offerings and Related Products via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our Connected Offerings and Related Products.
Changes to our Connected Offerings and Related Products
YOU UNDERSTAND AND AGREE THAT WE MAY UPDATE OUR CONNECTED OFFERINGS AND RELATED PRODUCTS FROM TIME TO TIME, BUT OUR CONNECTED OFFERINGS AND RELATED PRODUCTS ARE NOT NECESSARILY COMPLETE OR UP-TO-DATE. ANY OF OUR CONNECTED OFFERINGS AND RELATED PRODUCTS MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.
9. Information About You and Your Visits to our Websites and Use of Connected Offerings and Related Products
10. Linking to our Websites and Social Media Features
You may link to our homepage, 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 and Related Products may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on our Connected Offerings and Related Products.
- Send e-mails or other communications with certain content, or links to certain content, on our Connected Offerings and Related Products.
- Cause limited portions of content on our Connected Offerings and Related Products 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:
- Cause our Connected Offerings and Related Products, or portions of them, to be displayed, or appear to be displayed by framing on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. 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.
11. Links from our Connected Offerings and Related Products
If our Connected Offerings and Related Products contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Connected Offerings and Related Products, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. App Stores
You acknowledge and agree that the availability of our mobile applications are dependent on the third party websites from which you download the mobile applications, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Watts and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use our mobile applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
13. Terms Specific to Customers Purchasing Watts SaaS
13.2 Payment Terms.
13.2.1 Subscription Plan. The prices, features, and options of the Watts Services depend on the subscription plan selected as well as any modifications to the Watts Services mutually agreed by Watts and the Customer. You acknowledge that the Watts Services are evolving, and as a result, we may require you to accept updates to the Watts Services that you may have installed on your computer or mobile device. You also may need to update third-party software from time to time in order to use the Watts Services. 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.
13.2.4 Late Fees & Collection Costs. If we do not receive payment from the Customer’s payment method, 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.
13.2.5 Invoices. 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, it agrees to waive its right to dispute such problems or discrepancies.
13.2.6 Billing Cycles. 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).
13.3 Free Trial and Special Offers for Watts Services.
13.3.1 If you register for a free trial, promotional offer or other type of limited offer for use of Watts Services (“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. This Section 13.3 (Free Trial and Special Offers for Watts Services) supersedes and applies notwithstanding any conflicting provisions with regard to access and use of a Free Trial.
13.3.2 Watts reserves the right to reduce the term of a trial period or end it altogether without prior notice.
13.3.3 The version of the watts services that is available for a free trial may not include or allow access to all features or functions, and such watts services 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 watts 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: (a) PURCHASES A SUBSCRIPTION PLAN TO WATTS SERVICES THAT IS EQUIVALENT TO OR GREATER THAN THOSE COVERED BY THE TRIAL; OR (b) EXPORTS SUCH DATA BEFORE THE END OF THE TRIAL PERIOD.
13.3.4 Notwithstanding any other provision of these Terms, including without limitation the warranties described in Section 16 (Warranties and Disclaimers) or any service-specific terms and conditions applicable to a particular Watts Service, during a Free Trial the Watts Services are provided “AS IS” and “as available” without any warranty that may be set forth in these Terms, and WATTS DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13.4.2 Option to Encrypt Data. Watts may provide you with the option to encrypt the transmission of your Data in connection with your use of the Watts Services. You acknowledge that it is your responsibility to encrypt the transmission of your Data should you wish to protect it. In the event you decide not to utilize encryption and transmit your Data unencrypted over a network, you assume all related risks for doing so. Watts will not be liable for any liabilities arising from your use of the Services (including your transmission of Data) over the Internet or other network.
13.5 Third Party Technology. The Services may contain links to third party websites or technology (“Third Party Technology”). Watts does not endorse and is not responsible or liable for the products or services provided by such third parties. Watts is not responsible for the operation or functionality of such Third Party Technology. You are solely responsible for your use of any 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 license terms will apply. ANY THIRD PARTY TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF THE WATTS 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.
13.6 Customer Warranties. As a customer, you hereby represent and warrant to watts that: (a) you have all requisite rights and authority to use the Watts Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the Watts Services associated with your account; (c) you are solely responsible for maintaining the confidentiality of your account names and password(s); (d) you agree to immediately notify Watts of any unauthorized use of your Customer account of which you becomes aware; (e) you agree that Watts will not be liable for any losses incurred as a result of a third party’s use of your account, regardless of whether such use is with or without your knowledge and consent; (f) you will use the Watts Services for lawful purposes only and subject to these Terms.
13.7 Term and Termination
13.7.4 Termination by Customer. You may terminate your Customer account at any time upon ten (10) days’ advance written notice to us.
14. Export Control
You may not use, export, import or transfer the Watts Connected Offerings and/or Related Products except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Connected Offerings and Related Products and any other applicable laws. In particular, but without limitation, the Connected Offerings and Related Products 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 Watts Connected Offerings and Related 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 Connected Offerings and Related Products for any purpose prohibited by U.S. law, 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.
15. Disclaimer of Warranties
You understand and agree that we cannot and do not guarantee or warrant that our Connected Offerings and Related Products 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 Connected Offerings and Related Products 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 CONNECTED OFFERINGS AND RELATED PRODUCTS, OR ON ANY WEBSITES LINKED TO OUR CONNECTED OFFERINGS AND RELATED PRODUCTS.
YOUR USE OF OUR CONNECTED OFFERINGS AND RELATED PRODUCTS IS AT YOUR OWN RISK. OUR CONNECTED OFFERINGS AND RELATED PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 CONNECTED OFFERINGS AND RELATED PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER WATTS NOR ANYONE ASSOCIATED WITH WATTS REPRESENTS OR WARRANTS THAT OUR CONNECTED OFFERINGS AND RELATED PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR CONNECTED OFFERINGS AND RELATED PRODUCTS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR CONNECTED OFFERINGS AND RELATED PRODUCTS 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 OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IF APPLICABLE LAW RESTRICTS SUCH EXCLUSIONS OR LIMITATIONS, THOSE RESTRICTIONS AND LIMITATIONS WILL APPLY BUT ONLY TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW.
16. Limitation on Liability
IN NO EVENT WILL WATTS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR CONNECTED OFFERINGS AND RELATED PRODUCTS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IF APPLICABLE LAW RESTRICTS SUCH EXCLUSIONS OR LIMITATIONS, THOSE RESTRICTIONS AND LIMITATIONS WILL APPLY BUT ONLY TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW.
18. Governing Law and Jurisdiction
19. Limitation on Time to File Claims
20. Waiver and Severability
21. Entire Agreement
22. Contact Information
By Email: email@example.com
By Mail: Watts Water Technologies, Inc.
815 Chestnut St.
North Andover, MA
By Phone: Tel: (978)688-1811 Fax: (978)794-1848
Thank you for using our Connected Offerings and Related Products.