PROFESSIONAL EDUCATOR PORTAL TERMS OF SERVICE
September 17, 2013
These Terms of Service (“Terms”
) govern your access to and use of the email discussion groups, blogs, list serves, websites, and other electronic forums (collectively, the “Services”
) of the Water Pik, Inc. (“Water Pik”
) Professional Educator Portal (“PE Portal”
), and any of its communities, and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively, “Content”
). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with others under these Terms.
You may not use the Services if you are a person barred from receiving such services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Water Pik may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.
PURPOSE AND PROHIBITION OF ADVERTISING AND OTHER USES
The Services are intended for professional use related to your role as a Professional Educator (“PE”
). You may not use the Services to post or transmit any Content that violates or infringes in any way upon the rights of others, or that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable.
You may not use the Services to post advertisements, promotions or unsolicited commercial e-mail (“spam”
The antitrust laws of the United States generally prohibit any agreement or understanding inconsistent with the right and obligation of competitors to exercise independent business judgment in pricing their products or services, dealing with their customers and suppliers, and selecting the markets in which to compete. You may not post any Content on the Services concerning market shares, salaries, costs, sales territories, or profit margins.
When you register, you will also be asked to enter your personal information. We may refuse to grant you, and you may not use, a username or email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.
In consideration of your use of the PE Portal, you agree that all information provided in your profile is accurate, true, current, and complete. Water Pik may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
You are responsible for maintaining the accuracy and confidentiality of your account and password and for restricting access to your account and computer. You accept sole responsibility for all activities that occur through your account and password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Water Pik cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
CONTENT ON THE SERVICES
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services, or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Water Pik be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting, or displaying Content on or through the Services, you grant Water Pik a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed).
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted and if you do not have the right to submit Content for such use, it may subject you to liability. Water Pik will not be responsible or liable for any use of your Content by Water Pik in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
WATER PIK RIGHTS
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Water Pik and its licensors. The Services are protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the Water Pik name or any of the Water Pik trademarks, logos, domain names, and other distinctive brand features.
RESTRICTIONS ON CONTENT AND USE OF THE SERVICES
We reserve the right at all times to remove or refuse to distribute any Content on the Services and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Water Pik, its users and the public.
RULES OF CONDUCT
By participating in the PE Portal you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:
Is not consistent with the permissible uses outlined by these Terms of Service;
Includes content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive, or otherwise objectionable;
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Water Pik in its sole discretion;
Contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
Provides any non-public information about Water Pik or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of Water Pik employees and PE Portal participants;
Intentionally interferes with the operation of the PE Portal, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
Impersonates any person or entity, including a Water Pik employee, or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Attacks or insults another Water Pik PE Portal user;
Suggests or encourages illegal activity. Do not use the PE Portal in any manner that violates federal or state antitrust laws or other laws regarding competition or trade. Do not discuss or use the PE Portal to bring about, or attempt to bring about, any understanding or agreement among and between actual or potential competitors with regard to prices, terms or conditions of sale, distribution, volume of production, sales territories, customers, credit terms, or marketing practices. Do not post any information concerning bids or intentions to bid for particular opportunities, market shares, salaries, costs, profit margins, or any other topic which could have an adverse impact on competition or trade or could violate applicable laws and regulations. In addition, do not use the PE Portal to solicit, encourage or agree with others to refrain from purchasing any materials, product, services or other supplies from any supplier or vendor or from dealing with any supplier or vendor; or
Violates U.S. export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.
All content included on this site, such as photographs, drawings, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, source codes, scripts and software, is the property of Water Pik or its content suppliers and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of Water Pik and is protected by U.S. and international copyright laws.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY WATER PIK ON AN "AS IS" WITH ALL FAULTS AND "AS AVAILABLE" BASIS. WATER PIK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, PRODUCT DESCRIPTIONS, DESCRIBED USES OF PRODUCTS, SELF HELP OR "INSTALLATION" GUIDES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Water Pik or through the Services, will create any warranty not expressly made herein.
LINKS TO THIRD-PARTY SITES
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATER PIK AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WATER PIK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WAIVER AND SEVERABILITY
The failure of Water Pik to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
By visiting the PE Portal or any other Web sites operated by Water Pik, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, govern these Terms and Conditions and any claims or disputes that may arise between you and Water Pik from your use of such sites.
) are the entire and exclusive agreement between Water Pik and you regarding the Services, and these Terms supersede and replace any prior agreements between Water Pik and you regarding the Services.
We may revise these Terms from time to time. The most current version will always be at pe.waterpik.com
. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.