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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Water Safety Corporation. The collective work includes works that are licensed to WaterChef. Copyright 2010-2015, WaterChef ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with WaterChef or purchasing WaterChef products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with WaterChef or to purchase WaterChef products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Water Safety Corporation. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of WaterChef used in the site are trademarks or registered trademarks of Water Safety Corporation.

Site Warranty Disclaimer

WaterChef does not represent or warrant that the site will be uninterrupted or error-free, or that this site or the server that makes the site available are free of viruses or other harmful components. WaterChef does not make any warrantees or representations regarding the use of the this site in terms of the correctness, accuracy, adequacy, usefulness, timeliness, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

WaterChef shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a WaterChef product is mistakenly listed at an incorrect price, WaterChef reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. WaterChef reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WaterChef shall issue a credit to your credit card account in the amount of the incorrect price.

These Terms and Conditions May Change

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be updated or modified by WaterChef at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use or purchase products from this site.

Notice

WaterChef may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to WaterChef.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of WaterChef products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of WaterChef products) must be commenced within one (1) year after the claim or cause of action arises. WaterChef’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WaterChef may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a WaterChef or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

WaterChef does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, WaterChef is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, WaterChef reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to WaterChef in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless WaterChef, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, WaterChef may link to sites operated by third parties. However, even if the third party is affiliated with WaterChef, WaterChef has no control over these linked sites, all of which have separate privacy and data collection practices, independent of WaterChef. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, WaterChef seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Auto-Ship Program

By placing an order through our Auto-Ship Subscription Program, you are agreeing to these terms and conditions. Please read these Terms carefully.

Pricing:
We reserve the right to change the Auto-Ship subscription, including the prices and terms, at any time, without prior notice to you. However, we will send you an email to the email address used at the time the order was placed, notifying you of any future changes. All changes will apply to future orders, including for current subscriptions. Credit cards will be charged on the “Processing Date,” in accordance with the prices listed on the Site as of that date. You will be responsible for all and any surcharges and taxes where applicable.

Payment & Processing:
By subscribing to the Auto-Ship Program, you authorize us to automatically place and ship future orders for your selected item(s) according to your chosen frequency of delivery. Payment for each Auto-Ship subscription shipment will be automatically charged to the same credit card that was supplied at sign-up, unless you notify us otherwise. You may also login to your account at www.waterchef.com to update your credit card at any time. You acknowledge and agree that WaterChef will not obtain any additional authorization from you for these recurring payments. If there are problems with payment, your shipping address or other account information, we will contact you via e-mail using the email address associated with your account. We reserve the right not to process or ship any further orders until the problem has been resolved.

Your enrollment in the Auto-Ship Subscription Program may be immediately terminated without notice if the credit card(s) to which product purchases have been charged is expired, canceled, declined or otherwise terminated. You acknowledge that we are under no obligation to process or ship any products unless full payment is received. Auto-Ship subscription orders will be shipped via our standard free shipping method. Please allow between 3-10 days for delivery. We do not guarantee delivery dates and we accept no liability in this respect.

Automatic Renewal:
Your Auto-Ship subscription will automatically create a new order according to your chosen delivery schedule unless and until you cancel your subscription. You may cancel your Auto-Ship subscription by calling WaterChef Customer Care at (800) 879-8909, or sending an email to customercare@waterchef.com. You may also cancel your subscription by simply logging into your account at www.waterchef.com.

You may cancel your Auto-ship subscription at any time. However, if you cancel your Auto-Ship subscription after 11:59 PM EST two days before your Processing Date, then such cancellation will not take effect until the next scheduled order. We reserve the right to cancel any order and/or terminate your Auto-Ship subscription at our discretion. In such event, you will only be charged for orders that have already been shipped to you.