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  • Culligan Connect Mobile App Terms of Use

    Effective January 30, 2017

     

    1.  IntroductionPlease read these Culligan Connect Mobile App Terms of Use (“Terms”) carefully before using the Culligan Connect mobile app, and any other Culligan International Company (collectively, “Culligan”, “we”, or “us” or “our”) online services that post these Terms (the “Culligan Connect Service”).  By visiting or otherwise using the Culligan Connect Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them.  You also acknowledge, agree and consent to our data practices as described in the Culligan Connect Service Privacy Policy (https://www.culligan.com/privacy-policy/connect).These Terms affect your legal rights, responsibilities and obligations and govern your use of the Culligan Connect Service, are legally binding, limit our liability to you and require you to indemnify us and to settle certain disputes through individual arbitration.  If you do not wish to be bound by these Terms and any Additional Terms, do not use the Culligan Connect Service and uninstall service downloads and applications.
    2. Additional TermsIn some instances, additional or different terms, posted on the Culligan Connect 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, these Terms will control unless the Additional Terms expressly state otherwise.
    3. Changes in TermsIt is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Culligan Connect Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You can reject any new, revised or additional terms by discontinuing use of the Culligan Connect Service and uninstalling and deleting service downloads and applications.
    4. Changes and Access to the ServiceCulligan shall have the right without notice, for any reason and at any time to change, add or terminate some or all of the Culligan Connect Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the Culligan Connect Services or any feature or portion thereof.
    5. Intended usersThe Culligan Services are not intended for or directed at users under the age of 18.
    6. Use of Site
      1. Permitted Use:  Your right to use the Culligan Connect Service and its Content (defined below) is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Culligan Connect Service and its Content shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only:
        1. Display, view, use, stream and play the Culligan Connect Service and its Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
        2. Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (A) by allowing you to download the Software, Culligan does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Culligan and/or its third-party Software licensor) will retain full and complete title to such Software); (B) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Culligan; (C) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (D) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
        3. Obtain a registered personal account (and/or related username and password) on the Culligan Connect Service and interact with the service in connection therewith; and
        4. Use any other functionality expressly provided by Culligan on or through the Culligan Connect Service for use by users, subject to these Terms and any applicable Additional Terms.
      2. Prohibited Use:While using Culligan Connect Services, you agree that you will not:
        1. Use the Culligan Connect Services in a manner not authorized in these Terms or applicable Additional Terms;
        2. Upload, send, or otherwise transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Culligan’s or any third party’s intellectual property or other rights;
        3. Create a false identity for the purpose of misleading us or others;
        4. Upload, send or otherwise transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component or otherwise interfere with or harm the Culligan Connect Service;
        5. Use Culligan Connect Service for any unlawful purpose;
        6. Modify, adapt, frame, reverse engineer, decompile or disassemble any portion of the Culligan Connect Service; or
        7. Use any spider, robot, crawler, or other automated or manual means to retrieve, index, “scrape”, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of Culligan Connect Service or its Content.
    7. Culligan ContentThe text, images, trademarks, trade names, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Culligan on or through the Culligan Connect Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.The Content may contain errors, omissions, or typographical errors or may be out of date. Culligan may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Culligan in any way.Unless otherwise noted, all Content (including without limitation the Software) is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Culligan or by third parties that have licensed their use to Culligan. Except as otherwise agreed to in writing between you and Culligan, you may view and use the Content only for your personal information consistent with these Terms and applicable Additional Terms, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, or as otherwise agreed to in writing between you and Culligan, Culligan does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Culligan Connect Services, including without limitation by transferring, downloading, or otherwise copying any Content onto a hard drive or other storage medium.  Any use of the Content, except as specifically permitted in these Terms, applicable Additional Terms or as otherwise expressly permitted in the Content or in a writing signed by Culligan, is strictly prohibited.
    8. “Contact Us” Features and SubmissionsThe Culligan Services may contain “Contact Us” forms or other features that allow users to submit questions or other content to Culligan or to Culligan’s dealers or service providers (“Support Inquiry”). Any Support Inquiry you submit to us will be considered non-confidential and non-proprietary. By providing any Support Inquiry through the Culligan Services, you expressly and irrevocably authorize Culligan, and our dealers, affiliates and service providers, to contact you via the contact information you have provided, whether in regards to your specific Support Inquiry or other commercial offerings.Without limiting the generality of the forgoing, You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable 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 any material or information you post or submit to us (on or via the Culligan Connect Service, or by means other than the Culligan Connect Service, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn) (“Submissions”), 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, all without any obligation to you not required by applicable law, or explicit terms of the Culligan Connect Service Privacy Policy (http://www.culligan.com/privacy-policy/connect) or applicable Additional Terms. As permitted by applicable law, and subject to any explicit terms of the Culligan Connect Service  Privacy Policy (http://www.culligan.com/privacy-policy/connect and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof.  As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, 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.  In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions.  Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.
    9. PrivacyFor information on how Culligan collects, uses, and shares your information collected in connection with the Culligan Connect Service, please review the Culligan Connect Service Privacy Policy (http://www.culligan.com/privacy-policy/connect).  You agree that by using the Culligan Services you consent to the collection, use and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Culligan.
    10. Disclaimer and Limitation of Liability as to the Culligan Connect Services and ContentAS PERMITTED BY APPLICABLE LAW, CULLIGAN MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE CULLIGAN CONNECT SERVICE OR ITS CONTENT, INCLUDING THE AVAILABILITY ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT OR SERVICE.  CULLIGAN ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE CULLIGAN CONNECT SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CULLIGAN CONNECT SERVICE OR ANY ASSOCIATED COMMUNICATIONS WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.WITHOUT LIMITING THE FOREGOING, AS PERMITTED BY APPLICABLE LAW, ALL CONTENT PROVIDED ON OR THROUGH THE CULLIGAN CONNECT SERVICES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE CULLIGAN SERVICES.UNDER NO CIRCUMSTANCES SHALL CULLIGAN, ITS DEALERS, RESELLERS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“CULLIGAN PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE CULLIGAN CONNECT SERVICE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF CULLIGAN PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOT WITHSTANDING ANYTHING TO THE CONTRARY AND FOR PURPOSES OF CLARITY, THIS SECTION DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT TERMS THAT ARE PROVIDED BY CULLIGAN PARTIES WITH REGARD TO A PHYSICAL PRODUCT SOLD BY CULLIGAN OR ITS DEALERS (E.G., ASSOCIATED PRODUCTS) TO YOU OR LIABILITY FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY CULLIGAN OR TO THE EXTENT LIABILITY IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
    11. Wireless and Message Features
      1. Wireless Features.  The Culligan Connect Service may offer certain features and services via your wireless Device.  Features and services may include the ability to access the Culligan Connect Service’s features, upload content to the service, receive messages from the service, and download applications to your wireless Device (collectively, “Wireless Features”).  You agree to receive communications we may send through Wireless Features for which you are registered.  Further, we may collect information related to your use of the Wireless Features.  If you installed the Culligan Connect Service mobile app or otherwise registered for Wireless Features, then you agree to notify Culligan of any changes to your wireless contact information (including phone number) and update your accounts on the Culligan Connect Service to reflect the changes.  If you enable or do not disable push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile Device.  These notifications, including alert or pop-up messages, may be delivered to your Device even when the Service is running in the background.  You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings.  Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible.  Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
      2. Text and Email Messages.
        1. Text Messages  By downloading the Culligan Connect Service app or registering an account that includes your mobile number, you subscribe to Culligan Connect Service informational text messaging program and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to the Culligan Connect Service and Associated Products related thereto, except that such messages shall not include promotional texts unless your otherwise specifically subscribe to one of our promotional text programs.  Such consent is not required to purchase any product or service aside from the text subscription itself.  You can unsubscribe from Culligan Connect Service by turning off the text message preference in the settings section of the Culligan Connect Service mobile app.  Subsequent or different subscriptions will be unaffected by an opt-out.  You consent to receive a text confirming any opt-out as well as text replies to any text replies you send us.  Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible.  Contact your carrier for details.  Not all phones and/or carriers are supported.  We are the sponsor of our text messages and may be contacted regarding them at: customerservice@culligan.com
        2. Email Messages  As more fully explained in our Privacy Policy, we do not use the email you provide as part of your account registration to send you promotional emails.  However, you may be otherwise subscribed to receive promotional emails from us.  You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails.  This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited.  Please note that we reserve the right to send you certain communications relating to your Culligan Connect Service account or use of our service, such as administrative, informational and service announcements and these transactional account messages will be unaffected if you choose to opt-out from receiving our marketing communications.
    12. Terms Applicable to Apple iOs and Third Party Services
      1. Third Party Services.  The Culligan Connect Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to or from third-party websites or other services that are not owned, controlled or operated by Culligan, including services operated by licensors, licensees, and certain other third parties who may have business relationships with Culligan (collectively, “Third-Party Services”).  We may also host our content, apps, and tools on Third-Party Services (e.g., Apple and Android app stores).  We may have no or limited control over the content, operations, policies, terms, or other elements of Third-Party Services, and do not assume any obligation to review them. Culligan does not necessarily review, endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items.  Furthermore, Culligan is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services.  AS PERMITTED BY APPLICABLE LAW, CULLIGAN WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN, OR OTHERWISE ARISING OUT OF THE USE OF, THESE THIRD-PARTY SERVICES.  Any activities you engage in connection with Third-Party Services are subject to that Third-Party Services’ privacy policy and terms of use which you should read before engaging in such activities.
      2. Apple iOS and other Platforms.  If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Service via Apple, the following terms and conditions are applicable to you:
        1. To the extent that you are accessing the Culligan Connect Service through an Apple 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.
        2. The license granted to you by Culligan under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html).
        3. You acknowledge that Culligan, and not Apple, is responsible for providing the Culligan Connect Service and Content thereof.
        4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Culligan Connect Service.
        5. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Culligan Connect Service.
        6. 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 claims you may have relating to the Culligan Connect Service, or your possession and/or use thereof, including, but not limited, to: (A) product liability claims; (B) any claim that the Culligan Connect Service fails to confirm to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.
        7. Further, you agree that if the Culligan Connect Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
        8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the 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.
        9. When using the Culligan Connect Service, 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 Culligan Connect Service.
    13. Arbitration and Dispute Terms
      1. Forum Selection/Jurisdiction.  Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Culligan Connect Service, the Content, these Terms, or any applicable Additional Terms, whether before the Effective Date of these Terms or after arising (collectively, “Dispute”) shall be in State of Illinois.  Each party submits to personal jurisdiction and venue in State of Illinois for any and all purposes.
      2. Pre-Arbitration Notification.  Culligan and you 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 notice to the other side briefly summarizing the claim and the request for relief. If Culligan is making a claim, the notice may be sent, via email, to the email address listed in your Culligan Connect Service account, or via other contact information you have provided.  If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section13(b).  If you are making a claim, the notice shall be sent to customerservice@culligan.com with (Attn: Legal Dept. / General Counsel) in the subject line and first line of the body. 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 13. Either you or Culligan, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 13(d) before the expiration of this sixty (60)-day period.
      3. Arbitration of Claims.  All actions or proceedings arising in connection with, touching upon or relating to the service or these Terms, the breach thereof and/or the scope of the provisions of this Section shall be submitted to JAMS for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in the closest U.S. Metropolitan Statistical Area to your residence, before a single arbitrator.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers.  The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of the Agreement waiving or limiting that relief) in a court of competent jurisdiction in State of Illinois or, if sought by Culligan, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the state or federal courts in State of Illinois or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
      4. 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 CULLIGAN CONNECT 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, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY CULLIGAN OR A LICENSOR OR LICENSEE OF CULLIGAN.
      5. Governing Law.  These 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 13, or otherwise related to the Culligan Connect Service 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 13 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 13 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 13 can only be amended by mutual agreement.  Either party may seek enforcement of this Section 13 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
      6. 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 JAMS Comprehensive Arbitration 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 13 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.
      7. Jury Waiver.  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 THIS AGREEMENT, 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.
      8. Small Claims Matters.  Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 13(f).
      9. Survival. The provisions of this Section 13 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 13 shall remain in full force and effect notwithstanding any termination of your use of the Culligan Connect Service or these Terms.
    14. General Provisions
      1. Culligan Consent or Approval.  As to any provision in these Terms or any Culligan to exercise a right in its “sole discretion,” Culligan may exercise that right in its sole and absolute discretion.  No Culligan consent or approval may be deemed to have been granted by Culligan without being in writing and signed by an officer of Culligan.
      2. Indemnity.  As permitted by applicable law, you agree to, and you hereby, defend (if requested by Culligan), indemnify, and hold Culligan 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 Culligan on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Culligan Connect Service and your activities in connection with the Culligan Connect Service; (ii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iii) 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 Culligan Connect Service or your activities in connection with the Culligan Connect Service; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) Culligan’s use of the information that you submit to us subject to the Culligan Connect Service Privacy Policy (http://www.culligan.com/privacy-policy/connect) (all of the foregoing, “Claims and Losses”).  You will cooperate as fully required by Culligan in the defense of any Claim and Losses.  Notwithstanding the foregoing, Culligan retains the exclusive right to settle, compromise, and pay any and all Claims and Losses.  Culligan reserves 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 Culligan. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
      3. Operation of Service; Availability of Products and Services; International Issues.  Culligan controls and operates the Culligan Connect Service from the U.S.A., and makes no representation that the service is appropriate or available for use beyond the U.S.A.  If you use the Culligan Connect Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
      4. 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.
      5. Severability; Interpretation.  If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms.  To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
      6. Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, Culligan reserves the right, without limitation, to: (i) investigate any suspected breaches of its service security 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 us in accordance with the Culligan Connect Service Privacy Policy (http://www.culligan.com/privacy-policy/connect) in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Culligan to comply with law enforcement requests or legal requirements in accordance the Culligan Connect Service Privacy Policy (http://www.culligan.com/privacy-policy/connect), (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 Culligan Connect 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.  Upon suspension or termination of your access to the Service, or upon notice from Culligan, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Culligan Connect Service.  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.
      7. Assignment. Culligan may assign its 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.
      8. Complete Agreement; No Waiver.  These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Culligan Connect Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Culligan Connect Service.  Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Culligan in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

     

    These terms are effective as of January 30, 2017.