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 includes certain information, data, text, graphics, content and other materials (collectively, the “Content”) relating to Waterworks, Inc. (a/k/a “Waterworks,” “us,” “our,” or “we”), and certain services available through the Site (the “Services”). By using the Site, you acknowledge that you have read, understood and agree to be legally bound by this Agreement.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN "ORGANIZATION"), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to "you" and "your" in this Agreement will refer to both the individual using the Site and to any such Organization.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE “ARBITRATION; GOVERNING LAW” SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

We reserve the right to amend this Agreement at any time and from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. If you use the Site after such changes, you will be deemed to have agreed to the amended Agreement. The “Last Updated” legend above indicates when this Agreement was last changed.

IMPORTANT NOTE TO NEW JERSEY CONSUMERS

If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in the “Limitation of Liability” section below, the disclaimer of liability for any indirect, punitive, incidental, special or consequential damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in the “Limitation of Liability” section below, application of the limitations of liability to the recovery of damages that arise under warranty, contract and tort, including negligence, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (c) in the “Indemnification” section below, the requirement that you indemnify Waterworks (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in the “Arbitration; Governing Law” section below, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

UNITED STATES USE ONLY

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.

INTELLECTUAL PROPERTY RIGHTS IN THE SITE

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.

TRADEMARKS

Waterworks is the owner of certain registered trademarks, trade names, service marks and logos that are listed below, as well as other trademarks, trade names, service marks and logos 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. All goodwill generated from the use of the Waterworks Trademarks will inure to our benefit.

Waterworks Trademarks include:

  • AMELIE ®
  • ARCADIA ®
  • ARCHITECTONICS ®
  • ARCHIVE ®
  • CAMPUS ®
  • CITRINE ®
  • ETOILE ®
  • MEDOC®
  • COTTAGE ®
  • EASTON ®
  • ECHO ®
  • ETESIAN ®
  • METRIX ®
  • SAVOY ®
  • WATERWORKS ®
  • WATERWORKS STUDIO ®

SUBMISSIONS

Any information and materials, including comments, ideas, questions, designs, images, and other similar communications that you submit on or through the Site (collectively, “Submissions”) will be considered NON-CONFIDENTIAL and NON-PROPRIETARY, and will not place Waterworks under any fiduciary or other obligation. Waterworks, and any of its affiliates, may use such Submissions, and any concepts, ideas, know-how or techniques contained therein, for any purpose whatsoever. You hereby grant to Waterworks and its affiliates a perpetual, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), transferable and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, create derivative works from, transfer, analyze, sell and otherwise exploit such Submissions, in any format or media not known or hereafter developed, for any purpose (including promotional purposes, such as testimonials), and to use your name and other identifying information in connection with such Submission. Waterworks has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

LINKS TO OTHER WEB SITES & FRAMING

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. Linking to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site, or the provider of that 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.

SECURITY

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Waterworks reserves the right (but does not have any obligation) to view, monitor, record and analyze activity on the Site without notice or permission from any user. Any information obtained by monitoring, reviewing, recording or analyzing 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.

RULES OF CONDUCT

In connection with the Site, you must not:

  1. Post, transmit or otherwise make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise failing to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

  2. Post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

  3. Post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

  4. Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful; harvest or collect information about users of the Site; or systematically download and store Site content.

  5. Restrict or inhibit any other person from using the Site; interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.

  6. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein; reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law; frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service; or remove any copyright, trademark or other proprietary rights notice from the Site.

  7. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Waterworks grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.

PRODUCTS

The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Waterworks or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Site of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.

TRANSACTIONS

We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

Waterworks reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Waterworks’ applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (a) YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, and (b) NEITHER WATERWORKS NOR ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY 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.

NO RESPONSIBILITY FOR CONNECTIVITY

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.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) 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; (b) IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THIS SITE; (c) IN NO EVENT SHALL ANY OF THE WATERWORKS PARTIES BE LIABLE FOR ANY 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, EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; (d) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE; and (e) THE MAXIMUM AGGREGATE LIABILITY of the Waterworks Parties FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE greater of (1) the TOTAL AMOUNT, IF ANY, PAID BY YOU TO WATERWORKS for the right to USE THE SITE, and (2) ten U.S. Dollars ($10).

Applicable law in states other than New Jersey may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

INDEMNIFICATION

To the fullest extent permitted under applicable law, you agree to indemnify and hold harmless the Waterworks Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your Submissions, your use of the Site or any violation of this Agreement.

LINKS TO OTHER WEB SITES & FRAMING

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.

USE OF PERSONAL DATA

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.

TERMINATION

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.

ARBITRATION; GOVERNING LAW

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Waterworks, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Waterworks AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

MISCELLANEOUS

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, Submissions, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration; Governing Law, 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, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. 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, 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.

FILTERING

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Waterworks does not endorse any of the products or services listed on such site.

COPYRIGHT INFRINGEMENT CLAIMS

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Waterworks a written notice by mail, e-mail or fax, requesting that Waterworks remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Waterworks a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to the Waterworks DMCA Team as follows: By mail to Waterworks Operating Company LLC, Attn: DMCA Team, 60 Backus Avenue, Danbury, CT 06810; by e-mail to DMCA@waterworks.com; or by fax to 1-203-546-6001. Waterworks DMCA Team's phone number is 1-203-546-6000.

CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT (SB 657) DISCLOSURE

We are providing the following disclosure in compliance with the California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains. Waterworks does not currently take steps to conduct audits, trainings and verifications, to require certifications, or to apply accountability standards and procedures with respect to its vendors.

ONLINE STORE

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.

INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Site, please send an e-mail to webmaster@waterworks.com. You may also contact us by writing to 60 Backus Avenue, Danbury, CT 06810, or by calling us at 1-203-546-6000. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.