Terms of Use

MAVEA LLC - WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By visiting this website (the “Website”) you acknowledge and accept the following terms of use. This document details the terms of a legal agreement (the “Terms of Use”) between you and Mavea LLC (the “Company,” “we,” “us” or “our”). By accessing this Website you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by, and fully comply with, the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the Website, to the use of the Internet, and to the activities involved in using this Website. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

If you do not agree with the Terms of Use, then do not use this Website.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

The Company does not knowingly or intentionally collect personal information from children under the age of 13. This Website is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to the Company at or through this Website, and you should consult with an adult for assistance in using this Website.

Situs

This Website is controlled by Company from its offices within the State of Illinois, though information collected from you through this Website may be stored on servers outside of Illinois or outside of the United States. See Company’s Privacy Policy for a description of the personal data collected from or about you at this Website, and how such information is protected. We make no representation that materials on this Website are appropriate or available for use in all locations. Visitors who choose to visit this Website from this or from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations in connection with their use of this Website.

Venue and Jurisdiction

Claims arising from or related to this Website, to the use of this Website, and to the information, content, material, and services available through this Website are governed by the laws of the State of Illinois and the United States of America. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Kane County or Cook County, Illinois with respect to any claims arising from or related to this Website, your use of this Website and any information received through this Website. You agree not to plead forum non conveniens in any such action. You consent to service of process.

If you reside in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Use, you may not enter into this agreement or use the Website. Furthermore, if you reside in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Website, you may not enter into this agreement or use this Website. By using this Website, you are explicitly stating that you have verified in your own jurisdiction if your use of the Website is allowed.

We reserve the right to limit the availability of the Website, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

Change of Terms

We reserve the right at any time to change the Terms of Use. Any changes will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website. Your continued use of this Website after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of this Website.

Alteration of Site

Company may change, suspend or discontinue any feature, aspect, product or service available through this Website at any time. Company may alter the availability of any feature of this Website or service related to any feature of this Website at any time. Company may add, remove or modify any content of this Website, including that of third parties, at any time.

Limitation on Usage

Company may limit your access to any part of this Website without notice to you. Company may terminate your use of this Website at any time.

Visitor On-line Conduct

You agree to use this Website only for lawful purposes.

You agree to use this Website only for its intended purposes.

You agree not to disrupt this Website.

You agree not to interfere with or compromise the security of this Website, or any computer, server, account, network, data, software and/or hardware associated with this Website.

You agree not to disrupt or interfere with any other visitor’s use of this Website.

You agree not to attempt to, nor permit any third party to, obtain access to any portion of this Website, any computer, server, account, network, software and/or hardware associated with the Website, from which you are restricted. Company may, without notice, temporarily suspend your, or any other party’s access to the Website (including, without limitation, any specific areas hosted within the Website) if Company reasonably suspects that you, or any other parties, are obtaining unauthorized access to its other systems or information. These suspensions will be for such periods of time as Company may in its sole discretion determine are necessary to permit the thorough investigation of such suspended activity.

You agree that you are solely responsible for any actions you undertake while visiting this Website, including, without limitation, for the content of any communications by you with third parties, including any communications about, concerning or through the Website, and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to this Website and the Internet, including United States copyright law and export regulations.

You warrant that all information you provide to gain access to the services provided by this Website is accurate and truthful.

Company reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate or illegal and to take any actions it deems necessary and appropriate to preserve the integrity of the Website.

WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

Availability

While we endeavor to keep downtime to a minimum, we cannot guarantee that the Website will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the Website, or any part thereof, with or without prior notice for any reason.

Currency of Website

The Company updates the information on the Website periodically. However, Company cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Website. Company may revise, supplement or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Links to and from Other Web Pages

You may gain access to other websites via links on this Website. These Terms of Use apply to this Website and do not apply to other parties’ websites. Similarly, you may have come to this Website via a link from another website. The terms of use of other websites do not apply to this Website. Only these Terms of Use apply to this Website. Company assumes no responsibility for any terms of use or material outside this Website accessed via any link.

Links to third party websites or information are not intended, and should not be interpreted by readers, as constituting or implying Company’s endorsement, sponsorship or recommendation of the third party information, or products or services found there.

Internet Software or Computer Viruses

Technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Website.

Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any content from the Website. Company recommends that you install appropriate anti-virus or other protective software.

Copyright, Trademark and Intellectual Property

All information, content and material made available by Company through this Website, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Website or any component or element of the Website (collectively, the “Content”) is owned by or licensed to Company. The compilation of the Content on this Website is the exclusive property of Company and its licensors and is protected by U.S. and international copyright law.

Company and its licensors retain all rights in the Content of this Website. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.

Company grants you permission to display and print the Content of this Website (other than the computer code comprising this Website) for your personal, non-commercial use only; provided, that, even if you display or print the Content of this Website as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.

The Content may not be used in connection with any service or information that is not Company’s or in any manner that is likely to cause confusion among consumers or that disparages Company. The rights granted herein terminate automatically if you breach these Terms of Use. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.

MAVEA® and other “Mavea” products and service names are trademarks and service marks of Company’s affiliate, used by permission. All marks used on the Website are owned by or licensed to Company. Other marks used on the Website are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Company or of its affiliated companies and may not be used, copied or imitated without the prior written consent of Company.

Digital Millennium Copyright Act, Transmission of Third Party Content

You may not upload, post or otherwise distribute on this Website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution.

Company, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

Company, pursuant to the federal Digital Millennium Copyright Act, designates Privacy Contact to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, you may notify Company by providing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; Identification of the URL or other specific location on Company’s Website where the material that you claim is infringing is located; Your address, telephone number and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

MAVEA LLC 1 World Trade Center 121 SW Salmon Street Suite 1100 Portland OR 97204 USA

MAVEA can be reached via e-mail at: privacy@mavea.com.

Or by telephone at: (503) 705-0523.

You are prohibited from uploading, posting or otherwise distributing on this Website any unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for Company, its affiliates, employees, agents or any such similarly situated persons or entities.

By posting content on this Website you acknowledge and agree that such content may be re- posted on third party websites; provided, however, that any content re-posted on third party websites will be governed by such third parties’ policies, and not these Terms of Use.

Ownership of Third Party Content

Company may display Content supplied by visitors and other third parties on the Website. Company maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM TO PROPERTY OR PERSON CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS WEBSITE THAT IS THE PROPERTY OF VISITORS OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS WEBSITE.

Disclaimers

THIS WEBSITE AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE.

COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION BY JURISDICTION AS APPLICABLE.

Limitation of Liability

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

No Joint Venture

This Terms of Use provides only for the use of this Website. This Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

Indemnity

You agree to indemnify, defend and hold harmless Company and its officers, directors, shareholders, employees, agents, representatives, successors and assigns from and against, any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that Company incurs or may incur arising from, resulting from, or arising in connection with: (i) your breach of these Terms of Use; (ii) your use of this Website or your use of the Content; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by Company in connection with your use of the Website (including loss of data) or Content or other information services available by or through your use of the Website or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (iv) your acts and omissions in connection with your use of the Website or Content. You also agree to indemnify, defend and hold harmless Company from and against any Losses that Company incurs or may incur arising from, resulting from, or arising in connection with your providing to Company inaccurate or untruthful information via the Website whether to gain access to the products or services provided through this Website or otherwise.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

Integration Clause

You hereby acknowledge that these Terms of Use, the Privacy Policy and all other documents referenced herein represent the entire agreement between you and Company concerning your use of this Website, the Content, and all other information and services available on this Website.

Headings of the Terms of Use

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.

Questions

If you have any questions about this policy, please contact Company at:

Attention: Legal Department

Or by e-mail to: privacy@mavea.com

Acceptance of These Terms of Use

By using this website, you agree to these Terms of Use as well as any posted changes of these Terms of Use. If you do not agree to these Terms of Use, DO NOT use this Website.

Date of last update: October, 2017