These Terms of Use (this “Agreement”), state the terms and conditions under which you may use the website located at www.waterworks.com and all Content and Services, as defined below, available therein (the “Site”). The Site contains various information, data, text, graphics and other materials relating to Waterworks, Inc. (a/k/a “Waterworks,” “us,” “our,” or “we”) as well as third party content, (collectively, the “Content”). By accessing, browsing and/or using this Site or the services available through the Site (the “Services”) you acknowledge that you have read, understood and agree to be legally bound by this Agreement and the Privacy Policy. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted on the Site, you will be deemed to have agreed to the amended Agreement.

This Site is intended to be used only by persons who are residents of the United States. Persons that access the Site from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws.

You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Waterworks or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal, non-commercial use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Waterworks is the owner of certain registered trademarks, service marks and logos that are listed at below, as well as other trademarks used on the Site (collectively the “Waterworks Trademarks”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Waterworks. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Waterworks Trademarks displayed on this Site. All goodwill generated from the use of the Waterworks Trademarks will inure to our benefit.

Trademarks

• AMELIE ®
• ARCADIA ®
• ARCHITECTONICS ®
• ARCHIVE ®
• CAMPUS ®
• CITRINE ®

• ETOILE ®
• MEDOC®
• COTTAGE ®
• EASTON ®
• ECHO ®
• ETESIAN ®

• METRIX ®
• SAVOY ®
• WATERWORKS ®
• WATERWORKS STUDIO ®

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Waterworks through this Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to us through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Waterworks, or any of its affiliates, may use such communication or material, and any concepts, ideas, know-how or techniques contained therein, for any purpose whatsoever. By submitting any Unsolicited Information, you are granting Waterworks a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

This Site may periodically provide links to third party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk, and should direct any concerns directly to the administrator of the applicable Third-Party Site. You may not frame any elements of this Site with any other website.

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Waterworks reserves the right to view, monitor, and record activity on the Site without notice or permission from any user. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Waterworks will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WATERWORKS NOR ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “THE WATERWORKS PARTIES”) MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

While Waterworks uses reasonable efforts to include accurate and up to date information and photographs on the website, Waterworks makes no warranties or representations as to the accuracy of this information and these photographs.  Waterworks assumes no liability or responsibility for any errors or omissions in the content or photographs on the website.

You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

UNDER NO CIRCUMSTANCES WILL ANY OF THE WATERWORKS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE WATERWORKS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE WATERWORKS PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

You agree to indemnify and hold harmless Waterworks for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.

Your use of the Site may involve the transmission of your personally-identifiable information (the “Personal Data”) to us. Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. If you do not agree with the terms of this Agreement or wish to terminate this Agreement at any time, you must cease all use of or access to the Site.

In the event that any portion of this Agreement is held to be invalid or unenforceable, the such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Trademarks, Unsolicited Information, Disclaimer of Warranties, Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Waterworks Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, except with regard to its conflicts or choice of law rules. This Agreement, contains the entire agreement of the parties concerning for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Waterworks.

All claims for damage or shortage must be reported to our Client Services team within five business days from date of delivery. After five business days, Waterworks will not assume any responsibility for damage or shortage. Any visible damage or shortage during delivery must be noted on the freight carrier bill upon delivery.

Delivery dates noted on order are estimates. Waterworks does not accept responsibility for lost working time in the unlikely event of a delivery being delayed, postponed or incorrect.

Installation constitutes acceptance and product may not be returned once installed. Always inspect your merchandise before installation. Waterworks does not accept responsibility or liability for installation, sealing or refinishing.

Returns are accepted within 90 days of receipt of shipment. All non-defective returns will be charged a 20% return process fee.

Tubs, tile, stone and special orders are non-cancellable and non-returnable.

If you have questions, desire to update or correct your Personal Data, or would like further information regarding our information practices, please feel free to contact our Webmaster at webmaster@waterworks.com.