CONDITIONS OF USE, WARRANTY AND DISCLAIMER: PLEASE READ THE FOLLOWING TERMS OF USE, WARRANTY AND DISCLAIMER CAREFULLY. BY ACCEPTING THESE MATERIALS YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF USE, WARRANTY AND DISCLAIMER. Please read carefully. The Atmospheric Water Systems, Inc. (AWS) website contains information about products that are not regulated by the US Food and Drug Administration. The product information provided is not intended to diagnose, treat, cure or prevent any disease or illness.
You are responsible to personally consult with your personal physician or pharmacist before using any of AWS’ products.
The literature and information contained herein may not be copied by others. This information may contain trade secrets and/or proprietary information. You may not recompile, modify, disassemble or otherwise reduce the contents of these files. This information may not be used to prepare documents or provide consulting or training services for which a fee is charged or any other compensation is involved.
AWS disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
In no event shall AWS be liable for any special, consequential, punitive or incidental damages resulting from the use of the information contained herein, whether based on contract, tort, strict liability or otherwise. The recipient acknowledges that AWS does not practice medicine and is not rendering such professional services with regard to the information herein. The recipient acknowledges that laws vary from state to state and country to country and change over time. AWS does not imply that the use or benefits of its products is backed by accepted medical or clinical research.
No portion of this information may be reproduced in any form, except for the inclusion of brief quotations in a review or article, without the expressed written permission from AWS. None of the information may be used, exported or re-exported except as authorized by United States law including, but not limited to, export, re-export directly or indirectly to any countries that are subject to United States export restrictions.
Copyright, Trademark, and Related Matters The content of this site is owned by AWS or other third parties who have licensed or distribute AWS’ products. Users may download material from this site for their own personal, non-commercial use only, and provided all copyright notices are kept intact. Any other copying, redistributing, or publishing of any part of this site in any manner is prohibited.
Any non-personal information, communications or material you submit to AWS at this site, by e-mail or otherwise, is non-confidential, and AWS is free to use and reproduce such information freely, and for any purpose. Specifically, AWS is free to use any ideas or concepts contained in any such communication for any purpose whatsoever, including developing, manufacturing, advertising and marketing products. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory, and that AWS use will not violate any third party's rights. Nestlé is under no obligation to use the information submitted.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this web site belong to AWS, San Luis Obispo, CA U.S.A.., unless otherwise noted. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site. Your use/misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that AWS will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Jurisdictional Issues The AWS products, materials, offers, and information appearing on aws-h2o.com are intended for U.S. customers. This site is controlled by AWS from its offices in San Luis Obispo, California, United States. AWS makes no representation that materials on this site are appropriate or available for use in other locations.
Linking This Web site may contain links to other Web sites. These links are to companies or organizations we believe you may have an interest in. AWS is not responsible for the content of any other site or for ongoing review of other sites. Please be mindful of this as you link to other sites.
In general, AWS does not object to links to this Web site from third-party sites. However, you must abide by the following rules:
Unless we have a written agreement with you, you may not use any of AWS’ trademarks, logos or slogans in or with your links, except that you may link to this site using the plain text name of the site. Do not present the link to this site in any way that suggests AWS has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with AWS to do so. Link only to the home page of this site. Do not, without AWS’ written permission:
incorporate any content from this site into your site (e.g., by in-lining or framing); use any AWS’ names, trademarks, slogans, or any other words or codes identifying AWS Web sites in any "metatag" or other information used by search engines or other information location tools to identify and select sites. AWS will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful site, or any site that may adversely affect the name, reputation and goodwill of AWS and its products. AWS reserves the right to cancel permission to link at any time, for any reason.
Limitation of Liability Your use of and browsing on this Web site are at your own risk. Neither AWS nor any other party involved in creating, producing or delivering this Web site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Web site. Without limiting the foregoing, everything on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. AWS assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Web site.
Inspection Buyer shall be responsible for inspecting and examining all Products shipped hereunder prior to acceptance. Buyer shall give AWS written notice specifying the alleged Non-Conformance if rejection is intended within five (5) days following delivery to Buyer. Failure by Buyer to provide such written notice of rejection within five (5) days of delivery shall be deemed to be acceptance of the Product by Buyer as of the date of shipment. Any resale, commingling, alteration or incorporation of the Product by Buyer shall be deemed acceptance of the Product as of the date of shipment.
Product Limited Warranty
There are no express warranties hereunder. AWS warrants that its products will conform to their written specifications and will be free from defects in materials and workmanship at the time they are shipped to the customer.
AWS’ products will meet their published specifications when used in accordance with their applicable instructions and stored correctly. The liability of AWS is limited, at AWS’ option, solely to replace the Product, or apply an appropriate credit adjustment not to exceed the sales price to Buyer, provided that
- AWS is promptly notified, within fifteen (15) days of receipt of allegedly Non-Conforming Product, in writing, by Buyer setting forth the alleged Non-Conformance, stating the date of purchase, date of receipt, and invoice number;
- Buyer shall set aside and hold such Product without further use or processing until AWS advises Buyer as to the proper disposition of the Product;
- the Non-Conforming Product is returned to or inspected by AWS, and AWS examines such Product to its satisfaction and determines that such Non-Conformance exists, and was not caused by negligence, misuse, improper storage, or accident. Buyer shall have no right to "cover", by procuring substitute goods, at the cost of AWS.
Force Majeure AWS International shall be relieved of the performance of its obligations for the duration and to the extent that it is prevented in the performance of its obligations by reasons of force majeure. For purposes of this clause, force majeure is defined as circU.S.A.nces or events which have not been foreseen at the time of entering into this transaction, which are not the fault of AWS and which prevent the performance of all obligations hereunder and which are not capable of being remedied. Force majeure events include, but are not limited to, acts of God, acts of war, acts of Government, acts of Buyer, inability to obtain necessary labor, materials or manufacturing facilities, blockades, revolutions, industrial disputes and commercial impracticality.
Indemnification. You agree to defend, indemnify and hold AWS and its affiliates and licensors harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to your violation of this Agreement or any activity by you on this website.
Governing Law. This User Agreement shall be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, U.S.A., will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
AWS MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
In the event that any of the provisions of this Terms of Use, Warranty and Disclaimer is determined to be void or not enforceable, the remaining provisions shall continue in effect.
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