Terms of Use, Disclaimer and Limitations of Liability

Website Terms of Use

All use of this website and its sub-domains, directories and sub-directories is subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website or its subdomains and directories. These terms may be changed by Clarity Water Technologies, LLC (“Clarity”) at any time without notice. Your use of the website constitutes your agreement to be bound by these terms.

Terms and Conditions Disclaimers

The content provided on this site is for information purposes only. This content constitutes general information relating to areas of water treatment and the water treatment industry, including but not limited to the treatment and maintenance of cooling towers, boilers, closed water systems, wastewater systems, reverse osmosis systems, ventilation systems, and heat exchangers.

While we attempt to keep any information that we provide on this site up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will Clarity Water Technologies, LLC or its members, employees, partners, successors, assigns, or subsidiaries be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

The contents of this website do not necessarily represent the opinions of Clarity, or its respective officers, managers, directors, members, employees, partners, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys, agents or clients. If you require legal advice, you should retain competent legal counsel to advise you.

Content located on this site does NOT constitute legal advice or other professional advice and you may not rely on the contents of this website or its subdomains as such.

If you would like to retain the services of Clarity Water Technologies, LLC, please contact us at 888-616-3545 and we will be delighted to discuss whether our company can assist you. A professional relationship will only arise between you and Clarity if we specifically agree to act for you. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.

Confidentiality of Communications

Clarity does not guarantee the confidentiality of any communications sent by e-mail or through its website, or left in voicemail messages on company telephones or the telephones of company employees and/or representatives. Unsolicited information and material may not be treated as confidential and will not be protected by any client privilege whatsoever. Accessing or using this website does not create a company/client relationship. Although the use of the web site may facilitate access to or communications with members or representatives of Clarity by e-mail or voicemail, receipt of any such communications or transmissions by any member or representative of Clarity does not create a professional relationship, unless our company specifically agrees to one via written contract.

Although Clarity has made reasonable efforts to ensure that the materials contained on this site are accurate, it does not warrant or guarantee: the accuracy, currency or completeness of the materials; that the site will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.

Liability

Clarity and its partners will have no liability for any damage arising from the misuse of any information provided on this website. The information provided on the website is not legal advice and should not be relied upon as such.  Doing so without seeking the advice of legal counsel constitutes a misuse of the information.

Limitations of Liability

  1. IN NO EVENT SHALL CLARITY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THIS WEBSITE OR ITS SUBDOMAINS OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THIS WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THIS WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THIS WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THIS WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THIS WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THIS WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THIS WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLARITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF CLARITY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THIS WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF MONIES ACTUALLY PAID TO CLARITY BY YOU HEREUNDER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT CLARITY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CLARITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN YOU AND OTHER PARTIES ENTERED INTO INDEPENDENTLY OF THIS WEBSITE. THIS WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY PLATFORMS THAT ARE NOT OWNED OR CONTROLLED BY CLARITY. CLARITY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY PLATFORMS. IN ADDITION, CLARITY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THIS WEBSITE, YOU EXPRESSLY RELIEVE CLARITY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY PLATFORM. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY PLATFORM THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THIS WEBSITE.
  3. FORCE MAJEURE – NEITHER CLARITY NOR YOU SHALL BE LIABLE TO THE OTHER FOR ANY DELAY OR FAILURE IN PERFORMANCE UNDER THE TERMS OF USE, OTHER THAN PAYMENT OBLIGATIONS, ARISING OUT OF A CAUSE BEYOND ITS CONTROL AND WITHOUT ITS FAULT OR NEGLIGENCE. SUCH CAUSES MAY INCLUDE, BUT ARE NOT LIMITED TO FIRES, FLOODS, EARTHQUAKES, STRIKES, UNAVAILABILITY OF NECESSARY UTILITIES, BLACKOUTS, ACTS OF GOD, ACTS OF DECLARED OR UNDECLARED WAR, ACTS OF REGULATORY AGENCIES, OR NATIONAL DISASTERS.

Copyright and Trade Marks

The copyright in this website and all materials contained in it is owned, or licensed by Clarity. The Clarity website, as a whole, or in part, may not be reproduced without the express prior written consent of Clarity Water Technologies, LLC. To obtain such consent, please contact our marketing department at marketing@claritywatertech.com or 888-616-3545.

The Clarity Water Technologies and EcoSAFE logos are trademarks of Clarity Water Technologies, LLC. All other brand names, product names and trademarks are the property of their respective owners.

Linking to www.claritywatertech.com (or its Subdomains)

Clarity acknowledges and appreciates links to the ClarityWaterTech.com website. Links should go directly to the homepage at www.ClarityWaterTech.com. Framing content on the site is prohibited without the prior written consent of a representative of Clarity’s marketing department. Clarity reserves the right to disavow any links that it finds misconstrues its content or incorrectly implies context that is not intended. You agree to unlink from ClarityWaterTech.com and/or its subdomains upon Clarity’s request.

Links to Third Party Sites

The Clarity website has been designed to be a resource for useful information on matters that might be of interest to current or potential clients. As a result, there are links throughout the website to third party sites. These links are provided as a convenience only.  A link to a third party site on the Clarity website does not mean that Clarity endorses or recommends the information contained in linked web site, or guarantees its accuracy, timeliness or fitness for a particular purpose. Clarity Water Technologies, LLC takes no responsibility for the content or practices of third party sites.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THIS WEBSITE AND ITS CONTENT SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLARITY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES.

UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CLARITY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THIS WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THIS WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. CLARITY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT.

CLARITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRDPARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CLARITY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THIS WEBSITE; ARISING OUT OF A TERMINATION OF SERVICE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THIS WEBSITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD PARTY USERS OF THIS WEBSITE, YOU FOREVER RELEASE CLARITY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY CLARITY WITHOUT RESTRICTION.

  1. If you are a California resident, you waive California Civil Code Section 1542, which provides the following:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

  1. If you are not a California resident, you waive your rights under any statute similar to California Civil Code section 1542 that governs your rights in the jurisdiction of your residence.

 

Copyright Information

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