Culligan International Company

Culligan.com Terms and Conditions

Effective Date: June 5th, 2025

Introduction

These Terms and Conditions (“Terms”) set forth a legally binding agreement between you and Culligan International Company (“Culligan,” “Company,” “we,” “us,” or “our”) and govern your use of our website, www.culligan.com (the “Site”); mobile application (“App”); and other services that post a link to these Terms (collectively, the “Service”).

Please read these Terms carefully. These Terms affect your legal rights, including by limiting Culligan’s liability and requiring you to resolve disputes on an individual, non-class basis. See Sections 11-14.

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. Your continued use of the Service following a change to these Terms signals your acceptance of the modification(s). By accessing or using any part of the Service, you agree to be bound by these Terms and any applicable Additional Terms, and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. If you do not agree to all the terms and conditions, then do not use the Service and uninstall Service downloads and applications.

Use of the Service

Content

The Service may contain (i) materials and other items relating to Culligan and the Service, including data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Service; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Service and the Content is the property of Culligan, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Culligan owns the copyright in selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

Limited License

Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your unauthorized use of the Service or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Culligan grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Service, and to retain one copy of the Content as it is displayed to you. As your right to access and use the Service is personal to you, you may not assign nor transfer your right; any attempt to do so is void. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Service or any Content; and (ii) may be immediately suspended or terminated for any reason, in Culligan’s sole discretion, and without advance notice or liability.

Restrictions

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Service.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Service or its Content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

A breach or violation of any of the Terms may result in an immediate termination of your Services.

Reservation of Rights

All rights not expressly granted to you are reserved by Culligan and its licensors and other third parties. No right or license may be construed under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service or Content for any purpose is prohibited.

Access to the Service

Account Creation

If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us at CAPrivacyRequest@culligan.com of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

Your use of the Service must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Culligan in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Service or to receive any communications from Culligan.

Availability of the Service

The Service may be unavailable from time to time for any reason (for example, for routine maintenance). You understand and acknowledge that, due to circumstances both within and outside of Culligan’s control, access to the Service may be interrupted or suspended from time to time. Culligan shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, Content, availability, and equipment needed for access or use.

Suspension or Termination

We reserve the right at any time to modify, suspend, terminate, or discontinue the availability of the Service (or any part or content thereof) without notice at any time, for any reason, in Culligan’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service or upon notice from Culligan, all rights granted to you under these Terms will cease immediately discontinue use of the Service.

Accuracy, Completeness and Timeliness of Information

Culligan will use reasonable efforts to include accurate and current information on the Service, but there may be occasions when information on the Service contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Culligan reserves the right to correct any errors and to update Service information at any time.

We are not responsible if information made available on this Service is not accurate, complete, or current. The material on this Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Service is at your own risk. Culligan disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its Content.

This Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Service at any time, but we have no obligation to update any information on our Service.

Third-Party Services

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for third parties or their content, advertisement(s), mobile applications, or websites (“Third-Party Services”). For instance, portions of the Service may be integrated into or linked to Third-Party Services that we do not control. Similarly, we may make ads and Third-Party Services or other content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign into our Services using Facebook Connect or other third-party tools, and to post content on Third-Party Services or websites or services using their plug-ins when made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Services. Complaints, claims, concerns, or questions regarding Third-Party Services, third-party products, or websites should be directed to the third party.

Mobile Applications

Terms Applicable to Apple iOS Devices

If you are accessing or using our App on any Apple mobile device, the following terms and conditions are applicable to you and are incorporated into these Terms by this reference:

To the extent that you are accessing the App through an Apple mobile device, you acknowledge that these Terms are entered into between you and Culligan and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.

The license granted to you by Culligan under the Terms is limited, non-transferable, and subject to the permitted Usage Rules set forth in the App Store Terms of Use located at www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the App. The license is limited to use the App on any Apple-branded products that you own or control as permitted by these Terms, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing.

You acknowledge that Culligan, and not Apple, is responsible for providing the App and Content thereof.

As between Culligan and Apple, Culligan is solely responsible for providing any maintenance and support services with respect to the App that Culligan may offer (which, if provided, is provided at Culligan’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.

Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Culligan, Culligan, and not Apple is responsible for addressing any of your claims or any third-party claims relating to the App, including, but not limited, to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s Intellectual Property rights, Culligan, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such Intellectual Property infringement claims, but only to the extent it relates to your use of the App.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App. You may not use the App on a device that has firmware or software configuration that has not been authorized by Apple (i.e., jailbroken) device.

To the extent any warranty regarding the App arises by law or has not been disclaimed under these Terms, Culligan, and not Apple, is solely responsible for such warranty. If you are a customer of the Service and if the App fails to conform to such warranty, you may notify Apple, and Apple will refund the purchase price (if any) paid for the license to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respected to the App, and any other claims, loss, liabilities, damages, costs, or expenses attributable to any failure to conform to the warranty is Culligan’s sole responsibility.

Terms Applicable to Android Devices

If you downloaded the App through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to you and are incorporated into these Terms by this reference:

The license granted in these Terms is limited to access the App by way of download via Google Play Store, except that the App may be used by a family group and family members whose accounts are joined together for the purpose of creating a family group.

You acknowledge and agree that these Terms are between you and Culligan, and that Google is not a party to these Terms and Google is not responsible for providing support services for the App.

If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

 User Comments, Feedback, and Other Submissions

General

Culligan may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials and the ideas contained therein (collectively, “User-Generated Content” or “UGC”). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, contact us tools, email, and other communications functionality. Except as described in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

Non–Confidentiality of Your User-Generated Content

Except as otherwise described in the Privacy Policy, or any applicable Additional Terms, you agree that (i) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (ii) to the maximum extent not prohibited by applicable law, Culligan does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security and agree that your UGC is submitted at your own risk. In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Culligan retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Culligan’s receipt of your Unsolicited Ideas and Materials is not an admission by Culligan of their novelty, priority, or originality, and it does not impair Culligan’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

License to Culligan of Your UGC

Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant Culligan, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials; and (ii) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Culligan to your UGC, you also, as permitted by applicable law, hereby grant to Culligan, and agree to grant to Culligan, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

Culligan’s Exclusive Right to Manage Our Service

Culligan may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and we may, in our sole discretion, reject, delete, move, reformat, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect users from harmful UGC. Without limitation, we may, but do not commit to do so, address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere.

Representations and Warranties Related to Your UGC

Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (i) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Culligan the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Culligan obligation to obtain consent of any third party and without creating any obligation or liability of Culligan; (ii) the UGC is accurate; (iii) the UGC does not and, as to Culligan’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (iv) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

Enforcement

Culligan has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Culligan’s cost and expense, to which you hereby consent and irrevocably appoint Culligan as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

Personal Information

You understand, acknowledge, and agree that your submission of personal information through the Service and the creation of an account may require or involve the submission, use, and dissemination of various personal information including, but not limited to, your phone number, email address, and zip code. When you use the Service, we may store, process and access personal information (as described in our Privacy Policy).

Generative AI Services

You agree that (i) our Generative AI Services, including our “Cullie” Chatbot functionality (collectively “GenAI”) use experimental, unsupervised technology and may sometimes provide inaccurate or offensive content that does not represent Culligan’s views; (ii) information provided to our GenAI may be used to continuously train the GenAI; (iii) submission of confidential or proprietary information could be compromised if submitted to the GenAI and should not be submitted unless such use is permitted; (iv) our GenAI may at times reproduce copyrighted material used as training data in response to an inquiry, and care should be taken in copying and further distributing content created by any GenAI, such as ensuring that no copyright information appears on outputted work, and ensuring no other obvious signs show that the outputted work belongs to a third party; (v) if you use the GenAI, you assume all responsibilities and obligations with respect to the results, any decisions or advice made or given, any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results and you should therefore, use discretion before relying on, publishing, or otherwise using content provided by the GenAI; (vi) you will not rely on the GenAI for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional; and (vii) you will contact us at CAPrivacyRequest@culligan.com with questions regarding the GenAI or if you require further information with the subject line “GenAI Help”.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).

Your Orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Culligan is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price. Refund, return, and shipping terms are subject to Additional Terms.

We have no obligation to update, amend, or clarify information on the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Service or on any related website, should be taken to indicate that all information on the Service or on any related website has been modified or updated.

Procedure For Alleging Copyright Infringement

If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by emailing dmca-complaint@culligan.com.

DMCA Notice

Culligan asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Culligan’s sole discretion, Culligan may remove content that may be infringing of another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the DMCA and other applicable law, Culligan has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

a legend or subject line that says: “DMCA Copyright Infringement Notice”;

a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);

your full name, address, telephone number, and email address;

a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

your electronic or physical signature.

Culligan will only respond to DMCA Notices that it receives by mail or email at the addresses below:

By Mail:

Culligan International Company

9399 W. Higgins Rd., Ste 1100

Rosemont, IL 60018, USA

(Attn: Legal Department/DMCA)

Online: Digital Millennium Copyright Act (DMCA) Complaint Form

By Email: dmca-complaint@culligan.com

For more information call: (800) 947-4759

It is often difficult to determine if your copyright has been infringed. Culligan may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Culligan may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting Culligan’s other rights, Culligan may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Culligan.

Counter-Notification

If access on the Service to a work that you submitted to Culligan is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

a legend or subject line that says: “DMCA Counter-Notification”;

a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);

a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

your full name, address, telephone number, email address, and the username of your account;

a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Arbitration and Dispute Terms

Forum

Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Messaging Services (as defined in Section 15), the Content, your UGC, these Terms, the Mobile Terms (as defined in Section 15), or any applicable Additional Terms, (collectively, “Dispute”) shall be in Chicago, Illinois. Each party submits to personal jurisdiction and venue in Chicago, Illinois for any and all purposes.

Pre-Arbitration Notification

Culligan and you each agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Culligan need not do so in circumstances where its claims of intellectual property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Culligan – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Culligan is making a claim, the letter shall be sent, via email, to the email address on file, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are making a claim, the letter shall be sent to 9399 W. Higgins Rd., Ste 1100, Rosemont, IL 60018, USA (Attn: Legal Department). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or Culligan, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section) before the expiration of this sixty (60)-day period.

Arbitration of Claims.

Culligan and you each agree that all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be resolved by individual binding arbitration, and not through litigation, unless the claim is properly filed in a small claims court on an individual basis, except as provided below in the case of a Mass Filing (as defined below in Section 11(h)). The arbitrator’s authority to resolve claims and make awards is limited to claims between you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. This means that neither of us will have the right to file or participate in any class action or representative action relating to these Terms, the Mobile Terms, and any disputes arising related thereto between us, and that any arbitration proceedings will be limited to the claims between you and us. Both you and we are giving up any right you and we may have had to a jury trial, and all other rights that you or we would have in court that are not available in arbitration. This arbitration provision is intended to apply as broadly as possible, and to include all parties and claims that would be included in a case brought in court. Thus, this arbitration provision also requires arbitration as to any other corporate or natural persons who are parties to the claim, such as our corporate affiliates and vendors, and members of your family. This arbitration provision also applies to claims of every kind and nature, including but not limited to counterclaims, crossclaims, and third-party claims, and claims based upon torts, statutes, regulations, common law, and equity; provided, however, that notwithstanding anything to the contrary in this arbitration provision any dispute over the validity, enforceability, or scope of this arbitration provision shall be decided by a court, not an arbitrator and Culligan may seek injunctive relief from a court to prevent or stop a misuse of its intellectual property or confidential information. You or we may commence an arbitration proceeding by following the rules then in effect for the American Arbitration Association (“AAA”). For a copy of the rules, to file a claim or for other information, contact AAA (adr.org (800) 778-7879). In addition to AAA, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act as it may be amended (“FAA”), provided that any such organization and arbitrator(s) will enforce the terms of this arbitration provision. This arbitration provision is made concerning transactions involving interstate commerce and shall be governed by the FAA. If there is a conflict between the applicable arbitration rules and these Terms, these Terms shall govern. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve privacy and confidentiality. You will be responsible for paying your share, if any, of arbitration fees, but only up to the amount of filing fees you would have paid to file a claim in the state or federal court closest to your residence. We will be responsible for any additional arbitration fees, even if we win the arbitration. In a dispute involving $10,000 or less, you may choose to have the arbitration conducted by telephone, based on written submissions from the parties, or in person according to the AAA rules. If there is an in-person arbitration hearing, it shall take place in the federal judicial district that is closest to your residence. This arbitration provision shall survive termination of these Terms and any bankruptcy by you or us. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision; provided, however; that the entire arbitration provision shall be invalidated if the requirement of arbitration solely on an individual basis is deemed invalid or unenforceable. If a court decides that the entirety of this arbitration provision is invalid or unenforceable, the remainder of the Terms shall still apply. You may opt out of this agreement to arbitrate by notifying Culligan in writing within thirty (30) days of the date that you first became subject to this arbitration provision. To opt out, mail a letter that includes your name, address, and phone number, and states your decision to opt out of the arbitration provision to: Culligan International Company, Attention: Legal Department – Arbitration Opt-out, 9399 W. Higgins Rd., Ste 1100, Rosemont, IL 60018, U.S.A.

Limitation on Injunctive Relief

As permitted by applicable law, if you claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means (without limitation) that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, UGC, product, service, or intellectual property owned, licensed, used, or controlled by Culligan parties (as defined below in Section 12) (including your licensed UGC) or a licensor of Culligan parties.

Governing Law

These Terms, the Mobile Terms, and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Culligan or by Culligan against you pursuant to this Section, or otherwise related to the Service, Content, UGC or other Culligan products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Illinois, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Culligan agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

Class Action Waiver

As permitted by applicable law, both you and Culligan waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the AAA Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

Jury Waiver

As permitted by applicable law, the parties hereby waive their right to jury trial with respect to all claims and issues arising under, in connection with, touching upon or relating to these Terms, the breach thereof, and/or the scope of the provisions of this Section, whether sounding in contract or tort, and including any claim for fraudulent inducement thereof.

Small Claims Matters

Notwithstanding the foregoing, either party may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 11(f).

The provisions of this Section shall supersede any inconsistent provisions of any prior agreement between the parties. This Section shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

Mass Claims

If, at any time, twenty-five (25) or more claimants (including you) submit demands or seek to file demands for arbitration raising similar claims against us, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that AAA shall not serve as the arbitration administrator and that instead NAM shall administer any such Mass Filing and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures, including the possibility of procedural consolidation of similar claims for arbitration, based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your Dispute might be delayed.

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed.

Disclaimer of Warranties

As permitted by applicable law, your access to and use of the Service is at your sole risk and the Service is provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible by applicable law, Culligan and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Culligan Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, UGC, or other Culligan products or services, except as set forth herein.

Except for any specific warranties provided herein, or in applicable Additional Terms, or as otherwise required by applicable law, Culligan parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement, or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.

Notwithstanding the foregoing, this Section does not expand or limit (i) any express, written product warranty or related disclaimers that are provided by Culligan parties or their suppliers with regard to a physical product sold by Culligan parties to you, or any warranty on a physical product to the extent required by applicable law; (ii) Culligan parties’ liability for personal injury to you caused by Culligan parties to the extent not waivable or cannot be limited under applicable law; or (iii) any cause of action you may have against Culligan parties that is not waivable or cannot be limited under applicable law.

Limitation of Liability

As permitted by applicable law, under no circumstances will any Culligan parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, UGC, or our other Culligan products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold, or provided by Culligan.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Culligan Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

As permitted by applicable law, in no event will Culligan parties’ total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the service and your rights under these terms, exceed an amount equal to the amount you have paid Culligan in connection with the transaction(s) that underlie the claim(s).

Indemnification

As permitted by applicable law, you agree to, and you hereby, defend (if requested by Culligan), indemnify, and hold Culligan Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Culligan Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) any information that you provide to us that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Culligan Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Culligan Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, Culligan Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Culligan Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Culligan Party. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

SMS Text Message Terms

The Culligan mobile message service (the “Messaging Service”) is operated by Culligan. Your use of the Messaging Service constitutes your agreement to these mobile terms and conditions (“Mobile Terms”), and our Privacy Policy. We may modify or cancel the Messaging Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Messaging Service following the effective date of any such changes shall constitute your acceptance of such changes.

By signing up for Culligan’s Messaging Service, you agree to receive recurring, SMS/text messages from and on behalf of Culligan through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., system alerts, errors, and warning messages) (“Messages”). The number of Messages you receive may vary depending on your interactions with us.

By joining the Messaging Service, you certify that (i) you are the age of majority in the jurisdiction in which you reside; (ii) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number); and (iii) you agree to the practices described in these Mobile Terms and in our Privacy Policy.

You understand that you do not have to sign up for this Messaging Service in order to make any purchases, and your consent is not a condition of any purchase with Culligan. Your participation in this Messaging Service is completely voluntary. You consent to the use of electronic record-keeping to document your consent to receive Messages.

We do not charge for the Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies, and message and data rates may apply. Check your mobile plan and contact your wireless provider for details.

You may opt out of the Messaging Service at any time. Text the single keyword command STOP to any Message you receive or to +1 (800) 721-7360. You may receive a one-time opt-out confirmation Message. No further Messages will be sent to your mobile device.

The wireless carriers supported by the Messaging Service are not liable for delayed or undelivered Messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Messaging Service with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Messaging Service.

Contact us: For help, text HELP to +1 (800) 721-7360 or email CAPrivacyRequest@culligan.com.

Terms of Sale

Pricing and Product Availability

All prices published on the Service are set by Culligan and/or Culligan dealers in their sole discretion and we may change prices from time to time.

We have made every effort to accurately describe our products or services and display as accurately as possible the colors and images of our products that appear on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. Some items, including those bought as part of a recurring subscription, may not be eligible for return and/or refund. Refund, return, and shipping terms may be subject to Additional Terms.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

Order Acceptance

You can purchase certain products via the Service and/or Culligan dealers. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order (the “Order”). As permitted by applicable law, we reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Subscription Terms

Certain products and services available for purchase through the Service require that you purchase the product and/or service on an automatically renewing subscription basis (“Subscription”). The details of the Subscription will be made available to you at the time of purchase. All agreements for Subscriptions are with Culligan Dealers, and your Dealer may apply additional terms. For Subscription-based products and services, your payment device may be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your Subscription.

If you enroll to in a recurring Subscription, (i) you must keep a valid payment on file to automatically pay for all recurring charges and fees; and (ii) all charges and fees will be billed to the payment method you designate during the setup process ((i) and (ii), collectively, the “Authorized Payment Method”). If you want to designate a different Authorized Payment Method or if there is a change in your Authorized Payment Method, you must contact the Dealer providing the Subscription. You will continue to be charged the Authorized Payment Method for applicable recurring payments until the Subscription is cancelled, and any and all outstanding payments have been paid in full. Unless otherwise indicated, all charges and fees are in U.S. dollars, and all payments will be in U.S. currency.

Order Cancellations

To the fullest extent permitted by applicable law, we and/or Culligan dealers may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners.

We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge. Culligan may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation.

Otherwise, Orders are not eligible for cancellations by you. If you no longer want to receive your Order, your sole remedy is to return it subject to our return policies in Section 14(g) below.

Shipping Terms

Culligan and/or Culligan dealers will arrange for shipment of your Order. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon Culligan’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Culligan is not liable for any delays in shipments.

Refunds and Returns

Except for any products sold as part of a Subscription or products designated on the Service as final sale or non-returnable, Culligan and/or Culligan dealers will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs and a mandatory restocking fee, provided (i) such return is made within ninety (90) days of delivery; and (ii) such products are returned in their original conditions. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

Refunds are processed upon our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase through the Service. Please review your Culligan dealer’s return and refund policies on their website.

Notice for California Customers

In accordance with California Business and Professions Code Section 17538 et al., the return and refund policies are available on your Culligan dealer’s website. The legal name under which Culligan conducts business is Culligan International Company, and Culligan’s business address is 9399 W. Higgins Rd., Ste 1100, Rosemont, IL 60018, U.S.A.

Pursuant to California Civil Code Section 1789.3, if you have questions, concerns, or complaints regarding the Service, please contact Culligan International Company by either (i) calling (855) 561-4527; or (ii) sending a letter, first class certified mail, to Culligan International Company, Attn: Legal Department, 9399 W. Higgins Rd., Ste 1100, Rosemont, IL 60018, U.S.A.

California residents may resolve any complaint regarding the Service by contacting the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at or (800) 952-5210 or Hearing Impaired at TTY (800) 735-2929.

General Provisions

Severability; Interpretation; Assignment

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity or enforceability of any other remaining provisions.

The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Culligan may assign our rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Culligan.

Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, any applicable Additional Terms, and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Export Controls

You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

Investigations; Cooperation with Law Enforcement; Termination; Survival

As permitted by applicable law, we reserve the right, without limitation, to: (i) investigate any suspected breaches of its Service or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms; (iii) use any information obtained by Culligan in accordance with our Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by us to comply with law enforcement requests or legal requirements in accordance our Privacy Policy; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any applicable Additional Terms; and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Culligan under these Terms or any applicable Additional Terms. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Culligan in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

CONTACT CULLIGAN

If you have any questions about these Terms, please contact Culligan via email at CAPrivacyRequest@culligan.com, or by calling us toll-free at (877) 225-8757.