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Terms and Conditions of Use

Important! Please read this: These terms and conditions impose restrictions and obligations on you, and also limit Maine Water, Inc.’s liability to you in the event that you are harmed in any way by using this website. Please read this carefully. BY ACCESSING, VIEWING, OR USING THIS MAINE WATER WEB SITE ("WEB SITE") YOU INDICATE THAT YOU UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU SHOULD NOT USE THIS WEB SITE IN ANY MANNER.

 

Maine Water reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. It is your responsibility to periodically check these Terms of Use for changes. Your use of the Website is governed at all times by the then-current Terms of Use.

     

1. Your Conduct and Use of the Web site

            

  1. You agree that you will not use the content or services for any purpose that is unlawful or contrary to the Terms of Use. You may not use the content or services in any manner that could damage, disable or impair the content or services. You may not attempt to gain unauthorized access to any account, computer system or network associated with the Website. You acknowledge that if you do any of these things, it may constitute a felony under Maine laws.  
  2. You are solely responsible for all content that you upload or otherwise transmit via the Website. You agree not to upload or otherwise transmit via the Web site content that (i) includes unauthorized disclosure of personal information, (ii) is inaccurate, harmful, obscene, defamatory, racist, violent, offensive, harassing, or otherwise objectionable, or (iii) violates or infringes anyone's intellectual property rights.
  3. You agree that you will not use the Website to (i) pretend to be Maine Water or someone else, (ii) transmit spam, bulk or other unsolicited communications, (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content or services associated with the Web site, (iv) collect or store personal information about other users, or (v) misrepresent your affiliation with any person or entity.     

2. Third Party Website, Content, Products and Services  

   

Maine Water’s Web site may display links to third party web sites. Maine Water has not independently confirmed the completeness, accuracy or availability of those third-party web sites. You agree that Maine Water is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posed by the other website regarding privacy and terms of use before you use them. If you choose to use content or purchase services or products from a third party, your relationship is directly with the third party, and Maine Water is not responsible for any of the third party products or services.

     

3. Termination of Use

 

Maine Water reserves the right to block your admission to this Web site at any time.

     

4. Intellectual Property Rights

 

All content on the Website, including without limitation, all trademarks, service marks, logos, text, graphics, images, logos, and software is the intellectual property of Maine Water and is protected by U.S. and foreign laws and conventions. Except as expressly authorized by Maine Water, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Website content or services. You may not use any Meta tags or any other hidden text utilizing Maine Water's name or trademarks without the express prior written permission of Maine Water. If you believe that any content on the Web site infringes another party's intellectual property rights, please contact Maine Water promptly.

     

5. Disclaimer

     

THIS WEBSITE, THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MAINE WATER MAKES NO WARRANTY OR GUARANTEE THAT THE INFORMATION ON THIS WEBSITE IS COMPLETE, ACCURATE OR UP TO DATE. Maine Water (INCLUDING ITS AFFILIATES AND SUBSIDIARIES) MAKES NO WARRANTY THAT THE OPERATION OF THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAINE WATER OR A MAINE WATER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

 

6. Limitation Of Liability

            

  1. Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Maine Water (INCLUDING ITS AFFILIATES AND SUBSIDIARIES) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), COSTS OF COVER, OR ANY OTHER SIMILAR DAMAGES OR LOSS. THIS DISCLAIMER SHALL APPLY REGARDLESS OF THE NATURE OF YOUR CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEB SITE, EVEN IF MAINE WATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.         
  2. Limitation of Maine Water’s Liability to You. YOU ACKNOWLEDGE THAT THIS WEB SITE IS PROVIDED TO YOU AS A COURTESY AND THAT YOU ARE NOT REQUIRED TO USE IT. IN THE EVENT THAT THE RELEASE GRANTED BY YOU IN SECTION 7 IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THEN IN NO EVENT SHALL CT WATER’S LIABILITY TO YOU FOR ANY DAMAGES YOU INCUR DIRECTLY OR INDIRECTLY AS THE RESULT OF YOUR USE OF THIS WEB SITE EXCEED THE AMOUNT OF FIVE DOLLARS ($5.00), REGARDLESS OF THE BASIS OF YOUR CLAIM FOR DAMAGES, BE IT BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE.     

7. Indemnification and Release

 

You agree to defend, indemnify, and hold harmless Maine Water (including its affiliates and subsidiaries), and their officers, directors, employees, agents, successors or assigns from any and all claims, liabilities, costs, expenses (including attorney's fees) arising in any way from your use of the Website or use of your account(s). In addition, you hereby release Maine Water from any and all claims for damages (actual or consequential), costs, or expenses of any kind or nature whatsoever, that you may have against Maine Water arising out of or in any way related to any content or services made available at the Web site. You hereby agree to waive all laws that may limit the efficacy of such releases.

 

8. General Terms

            

  1. These Terms of Use constitute the entire agreement between Maine Water and you with respect to your use of the Web site. No modification to the Terms of Use, or waiver of any of the terms herein, will be binding, unless in writing and signed by an authorized Maine Water representative. Any waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement.          
  2. You must not assign or otherwise transfer the Terms of Use or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Maine Water or third party products or services.           
  3. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.             
  4. These Terms of Use are governed by the laws of the State of Maine without regard to conflicts of laws provisions. You agree to the exclusive jurisdiction and venue for the state courts located in the Judicial District of Middlesex or the federal courts located in the United States District Court for the District of Maine, as appropriate, for any claim arising out of or relating to these Terms of Use.      

9. Contact Information         

If you have any questions regarding these Terms of Use or this Web site, please contact Maine Water at (860) 664-6016.