Terms of Use
WATERS CORPORATION AND ITS SUBSIDIARIES ("WATERS") WEBSITE TERMS OF USE
ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH WATERS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Use of Site
YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND USING THIS SITE AT YOUR OWN RISK.
Waters authorizes you to view and download the materials, including, but not limited to, white papers, training materials, press releases, product specifications, and datasheets, at this Site only for your informational, personal or non-commercial use provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way, access this Site using automated scripts or other robotic means or methods to scrape or search its data, or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website, networked computer environment, or any other media for any purpose is prohibited.
The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. The materials specified above do not include the arrangement, design or layout of this Site. Elements of this Site are protected by trade dress, trademark, and other laws and may not be copied or reproduced in any manner. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted by Waters. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Nothing contained on this Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying Waters or our products and services displayed on the Site, without our express written consent or the express written consent of such third parties that may own such trademarks, logos, and other names displayed on this Site.
As a condition of your use of this Site, you will not use the materials at this Site for any purpose that is unlawful or prohibited by these terms, conditions, notices, or Waters’ policies. You may not use the materials in any manner that could damage, disable, or impair any Waters server or networks connected to any Waters server. You may not attempt to gain unauthorized access to any materials, accounts, computer systems or networks connected to any Waters server, through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Use of this Site for any other purpose except those set forth herein is expressly prohibited and may result in several civil and criminal penalties. Waters reserves the right to block or prevent your access to Site if you violate the terms of this Agreement.
Products and Services offered on Site
Any products and/or services made available through the Site are subject to any separate or additional terms and conditions related to the products and/or services, including, but not limited to, Terms and Conditions of Sale as applicable in your location and the Waters Global Privacy Notice.
In the event of a conflict between these terms and the specific terms governing those products and/or services, the specific terms shall govern or prevail.
Use of Software
If you download or use software from this Site ("Software"), use of the Software is subject to the license terms in the software license agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the software license agreement. The Software is made available for download solely for use by end users according to the software license agreement. Any reproduction or redistribution of the Software not in accordance with the software license agreement is expressly prohibited by law and may result in several civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE SOFTWARE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, ONLY ACCORDING TO THE TERMS OF THE SOFTWARE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE SOFTWARE LICENSE AGREEMENT, WATERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
User Submissions
See the Waters Global Privacy Notice for information relating to the collection and use of your information.
Waters does not claim ownership of any material, information or other communication you transmit, input, submit, or post to this Site ("Communications"). Waters will have no obligations with respect to the Communications and such Communications will be considered non-confidential and non-proprietary. No compensation will be paid with respect to the use of your Communications.
By submitting Communications to Waters, you represent and warrant that you have the full rights and authority to post, input, upload or submit such Communications, and that none of such Communications are subject to any copyright or other proprietary right of a third party. You hereby grant Waters, its affiliated companies, and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use the Communications in connection with the operation of its business.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You hereby grant Waters, its affiliated companies, and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right, and license to use, reproduce, modify, adapt, publish, translate, copy, transmit, publicly display, publicly perform, edit, reformat, distribute and sub-license the Communications (and all data, images, sounds, text, and other things embodied therein) submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology for any and all commercial or non-commercial purposes.
User Chat Rooms
Waters may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Your participation in on-line communications occurs in real-time and is not edited, censored, or otherwise controlled by us. Further, we cannot and do not screen content provided by users of this Site. You agree to use such on-line communications only to post, send, and receive messages and material that are proper and, when applicable, related to the particular form of on-line communication. Waters reserves the right to review Communications transmitted and posted on the Site and may remove any Communications in its sole discretion. Waters reserves the right to terminate your access to any and all areas on the Site at any time, without notice, for any reason whatsoever.
Waters, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree, however, that we have the right to monitor this Site electronically from time to time disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate our services properly, or to protect ourselves or our subscribers.
Communications transmitted or posted on the Site may be subject to limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations.
Links to Other Web Sites
Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Waters has not reviewed these third-party sites and does not control and is not responsible for any of these sites, their content, any links presented in any of these sites, or any changes or updates to such sites. Waters does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
Disclaimer of Warranties
THIS SITE AND ALL MATERIALS, INCLUDING RELATED GRAPHICS PUBLISHED AS PART OF THE MATERIALS PROVIDED AT THIS SITE, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE.
Waters further does not warrant the accuracy, availability, and completeness of the materials at this Site or the availability of the Site in its entirety. The materials could include technical inaccuracies or typographical errors. Waters may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Waters makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Waters business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of some or all implied warranties, so, to the extent permitted by applicable law, the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL WATERS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, PERFORMANCE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. Government Restricted Rights. Any Software which is used or downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations.
Applicable Laws
Waters makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws.
General
If any of the provisions of these Terms are found to be unenforceable, void, or illegal, those provisions are severable from these Terms and the surviving provisions shall remain valid and in effect. Waters’ failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Waters may freely assign and delegate these Terms in whole or in part to any present or future affiliate or successor in interest. In the event of termination of these Terms for any reason, Waters maintains and preserves any and all rights accrued or afforded under these Terms prior to the effective date of termination.
Waters may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on this Site.
U.S. ONLY:
Disputes; Binding Arbitration; No Class Relief
You and Waters acknowledge that the Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Terms (despite any other choice of law provision). This section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, and you and Waters each agree that this section is intended to satisfy the "writing" requirement of the Federal Arbitration Act. To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the Commonwealth of Massachusetts shall apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the Commonwealth of Massachusetts shall apply.
PLEASE READ THIS PROVISION CAREFULLY. THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, AND A CLASS ACTION AND JURY TRIAL WAIVER.
To the fullest extent permissible by law, with the exception of disputes pertaining to Waters’ intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Waters including, without limitation, arising under these Terms; your visit to this Website; or to any purchase, transaction, or other interaction with Waters (including, without limitation, claims relating to Waters’ advertisements, pricing, and disclosures; or Waters’ collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures, except that you may assert claims in small claims court or seek action through government agencies.
Opt-out: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to Waters at 34 Maple Street, Milford, MA, U.S.A. 01757; Attn: Legal Department (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
Pre-Arbitration Dispute Resolution: Whenever a Dispute arises between you and Waters, you and Waters agree to first send a written notice to the other (a “Demand”). You must send the Demand to Waters via certified mail to the Notice Address. Waters must send the Demand to you via certified mail to the most recent address Waters has on file for you (or by email if Waters only has an email address for you on file). A Demand (1) shall seek to resolve the Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Waters by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Waters will personally attend (with counsel, if represented). You and Waters agree that you and Waters will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or Waters’ satisfaction within the time periods set forth above for Pre-Arbitration Dispute Resolution and you or Waters intend on taking legal action, you and Waters agree that you or Waters shall file a demand for arbitration with JAMS. The arbitration will be conducted by a single arbitrator under the JAMS Comprehensive Arbitration Rules & Procedures (available at https://www.jamsadr.com/rules-comprehensive-arbitration/) and, if more than 10 similar demands for arbitration are filed, the JAMS Mass Arbitration Procedures & Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures), if applicable. You or Waters may choose to have the arbitration based only on written submissions or to attend in-person, by telephone or video conference. The arbitration will be kept confidential except as may lawfully be required.
Payment of all fees will be governed by the JAMS rules. Either you or Waters may seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims are frivolous. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION unless the JAMS Mass Arbitration Procedures & Guidelines apply to your claims. NEITHER YOU NOR WATERS MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.
You agree that any and all claims be brought by you within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
This Section of these Terms will survive the termination of the relationship with you and Waters.
Copyright Notice
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