Thank you for visiting the Culligan Cares Foundation (“Culligan”) website www.culligancares.com (this “Site”). The following terms and conditions (“Terms”) govern your use of this Site. By visiting and using this Site you are indicating that you have read and understood these Terms and agree to be bound by them. However, if you do not agree to follow and be legally bound by these Terms, or if you are under the age of 13, you are not granted permission to use this Site and must leave immediately.
Informational Purposes Only
The information on this Site is provided for your informational purposes only and to facilitate your involvement in and support of Culligan and its mission. As provided in more detail elsewhere in these Terms, Culligan is not responsible for any errors or omissions in this Site.
As between you and Culligan, Culligan owns or holds licenses to all data, content, graphics, forms, artwork, images, photographs, concepts, functional components, and any software or other material on or directly through the Site (the “Site Materials”), as well as the selection, coordination, arrangement, organization, and enhancement of any Site Materials. The Site Materials are protected under copyright, trademark, patent, and other applicable laws. You agree that you shall not remove or alter any proprietary rights notices, including copyright notices, on any Site Materials. As between you and Culligan, all names, trademarks, service marks, symbols, slogans, and logos on the Site are the property of Culligan or its affiliates or licensors. Unpermitted use, or misuse, of the foregoing may violate federal or state law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
You agree that you will not use this Site for (i) any illegal or unauthorized purposes, including any that violate any applicable law; (ii) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling, or offering for sale any of the Site Materials, unless expressly permitted to do so, in writing, by Culligan; (iii) attempting to gain access to Culligan’s computer system or engaging in any activity that interferes with the performance of this Site; or (iv) removing, circumventing, disabling, damaging, or otherwise interfering in any way with any security-related features of this Site.
Third Party Sites and Content
This Site may contain links to third party Internet sites. These links are provided solely for your convenience. Your use of such third party links is done solely at your own risk. Culligan does not recommend and expressly disclaims responsibility for the content, accuracy, and quality of any third party sites and the products or services that may be available through such sites and also disclaims responsibility for any transactions you may conduct through any third party sites.
Culligan, its subsidiaries, and affiliates, and their respective officers, directors, shareholders, employees, and agents are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, links, advertisements, data, or other materials on this Site. Culligan reserves the right to remove or modify any information or materials on this Site for any reason, or for no reason, at any time.
THIS SITE, THE SITE MATERIALS, AND ANY AND ALL SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN, OR MADE AVAILABLE THROUGH THIS SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. CULLIGAN AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE, THE SITE MATERIALS, OR ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIALS ON, IN, OR MADE AVAILABLE THROUGH THIS SITE, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NONINFRINGMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT WITH REGARD TO THIS SITE, THE SITE MATERIALS, AND ANY AND ALL SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN OR MADE AVAILABLE THROUGH THIS SITE IS WITH YOU. FOR THE AVOIDANCE OF DOUBT, CULLIGAN MAKES NOT WARRANTY THAT THIS SITE WILL PERFORM ERROR-FREE OR THAT IT WILL BE AVAILABLE AT ALL TIMES.
LIMITATION OF LIABILITY
CULLIGAN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, OR ANY AND ALL SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN, OR MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOUR OR CULLIGAN HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CULLIGAN AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS, OR ANY AND ALL SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN, OR MADE AVAILABLE THROUGH THE SITE EXCEED ONE THOUSAND DOLLARS ($1,000.00).
Complaint and Takedown Procedure
In the event that you believe any content on this Site violates your intellectual property or other rights, please notify us immediately by E-mail at firstname.lastname@example.org with a detailed message that includes at least the following information: (i) your name and the name of your company, if any; (ii) your contact information, including E-mail address; (iii) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content that you think is objectionable; and (iv) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Changes to These Terms
Culligan reserves the right to modify these Terms at any time by posting an amended version of these Terms at this URL or another URL that may be designated in these Terms in the future. Your use of this Site after any changes in these Terms shall constitute your agreement to follow and be bound by these Terms, as amended.
Governing Law and Jurisdiction
These Terms represent the entire agreement between you and Culligan with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations. These Terms shall be governed and construed in accordance with the laws of the United States and the State of Illinois, without reference to the State of Illinois’ conflicts of laws rules, PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. You consent and agree to the exclusive jurisdiction of the state and federal courts serving Cook County, Illinois and irrevocably waive any and all objections with regard to venue, forum, and lack of personal jurisdiction.
This Site is controlled and operated from within the United States. Culligan makes no representation that this Site or any of its content or any service or products available on, in, or through this Site is appropriate or available for use in other locations. Furthermore, access to the foregoing from territories where they are illegal is expressly prohibited.
If you have any questions about these Terms or your use of this Site, please contact the Culligan Cares Administrator at email@example.com .
Last updated: April 2015