TABLE OF CONTENTS
AGREEMENT BETWEEN YOU AND MOUNTAIN WATER COMPANY
CHANGES TO THIS AGREEMENT
USE OF WEBSITE
COPYRIGHT AND INTELLECTUAL PROPERTY
LIMITATION OF LIABILITY
LINKS TO OTHER SITES
NO ADDED LINKS
COPYRIGHT INFRINGEMENT CLAIMS
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
This website, “www.mtnwater.com” (“MWC website”) is operated by Mountain Water Company, a Montana corporation (“MWC”), on behalf of the Mountain Water Company utility (“utility”) which exclusively does business in Montana. Your use of this website is conditioned on your acceptance of the terms, conditions, and notices contained herein, without modification, each time you visit this website.
THIS IS A LEGALLY BINDING AGREEMENT WHICH IS SUBJECT TO CHANGE. PLEASE READ IT CAREFULLY EACH TIME YOU VISIT THE MWC WEBSITE.
IF YOU AGREE TO THESE TERMS AND CONDITIONS OF USE AND ALL APPLICABLE LAWS, WITHOUT MODIFICATION, CLICK HERE TO BE BOUND. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS MWC WEBSITE AND CANNOT ACCESS IT.
By accessing or using this MWC website, you agree to the terms and conditions of use and all applicable laws in effect when you visit (“Agreement”).
MWC reserves the right to change these terms, conditions, and notices at any time by updating them without any other notice to you. Any change will be effective immediately after it is posted or you are notified, whichever is earlier. It is your responsibility to regularly review these terms, conditions, and notices because they are binding on you. Certain terms may also be superseded by expressly designated legal notices or terms located on particular pages of the MWC website.
The MWC website is intended to allow MWC customers to access their accounts, request MWC services, and make on-line payment. Unless otherwise specified, the MWC website is for your personal and noncommercial use. MWC reserves the right to terminate your MWC website privileges, including, access and use, or modify or discontinue the MWC website or any of its content, at any time, for any reason, and without notice.
To access your account via the MWC website, you will be required to register and fully and accurately complete a registration form. You will be asked to provide your name, customer number, account number, email address, and a password. It is your responsibility to maintain the confidentiality of your password. You may not use the account, user name or password of anyone else at any time. You agree to immediately notify MWC of any unauthorized use of your account, user name or password.
The entire content of the MWC Website, including, without limit, text, design, graphics, interfaces, code, and the selection or arrangement of any of them is owned by MWC or its licensors and protected by copyright under the United States and other copyright laws. You may not copy, modify, display, perform, transmit, publish, distribute, reproduce, create derivative works from, license, transfer, or sell any information, content or software obtained from the MWC website in violation of the copyright, trademark, or other intellectual or proprietary rights of MWC or anyone. All rights not expressly granted to you in this Agreement are reserved to MWC and its licensors.
The MWC website provides a conduit for MWC customers to make on-line payments of their MWC accounts. MWC has contracted with Paymentus, a Florida corporation, to provide on-line payment processing for MWC customers. If you submit credit card, bank account or other information in order to make an on-line payment to MWC, you understand and agree that your on-line payment information will not be collected or received by MWC, but instead all such information shall be submitted solely to Paymentus for processing and transfers of funds pursuant to your tender of on-line payment shall be solely effectuated by Paymentus. You further understand and agree that Paymentus shall be solely responsible for ensuring the confidentiality of your on-line payment information and competent processing of your on-line payments to MWC. In addition, you agree that your remedies, if any, in the event of any unauthorized access to or loss of your on-line payment information, error or other failure of any kind in the processing of your on-line payment to MWC, or other claim or right of any kind you may have in connection with your submission of on-line payment information or processing of your on-line payment shall be subject to both the Disclaimer and Limitation of Liability provisions which appear below in these Website Terms and Conditions.
MWC makes no warranties or representations about the accuracy, correctness, timeliness, completeness, reliability, usefulness, adequacy or suitability of the MWC website’s content. Nor does MWC promise that the MWC website will be uninterrupted or error-free, that defects will be corrected, or that the MWC website or server which makes it available are free of viruses or other harmful components. Rather, MWC makes the MWC website and its content available on a strictly “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied. MOUNTAIN WATER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF EVERY KIND AND NATURE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT NEITHER MWC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO OR VIA THE MWC WEBSITE WILL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, EVEN IF MWC OR ANY OF THEM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE MWC WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify and hold harmless MWC, its officers, directors, employees, agents, licensors, suppliers and affiliates from and against any and all claims, actions, demands, liabilities, losses, settlements, damages, and costs, including, without limit, reasonable fees and other attorney’s charges, resulting from, or alleged to result from, a violation of this Agreement, whether negligent or other wrongful conduct, by you or any other person accessing the MWC website using your internet account.
In an attempt to better serve you, the MWC Website may contain links to and advertisements for other sites operated by third party vendors or other third parties (“External Sites”). Even if the third party is affiliated with MWC, however, it has no control over these External Sites, all of which have separate privacy and data collection practices, completely independent of MWC. Any links and advertisements are only provided for your convenience and you access them at your own risk. Links do not imply that MWC sponsors, endorses, is affiliated or associated with, or has been legally authorized to use any intellectual property of any kind displayed on or accessible via such External Sites. MWC has no responsibility or liability for any aspect of these External Sites, including, their content, performance, practices, or policies, and your interaction or transactions with them. Nevertheless, MWC requests any feedback on the MWC website and External Sites, because MWC’s goal is to protect the integrity of the MWC website and the links appearing on it. You should contact the MWC website or External Site administrator if you have any concerns about links to External Sites or the content on them.
You agree that you will not place a link to the MWC Website on any other internet site without the prior written consent of MWC.
MWC respects the intellectual property of others and asks that you do the same. MWC will process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of a notice which complies with the DMCA, MWC will remove or disable access to any material or link to any material found to be infringing or the subjection of infringing activity. If you believe that any information or material provided on or via the MWC Website infringes any copyright or is the subject of infringing activity, please use the notification procedure described below to notify us.
Pursuant to Title 17, United States Code, Section 512(c)(2), notice of claimed copyright infringement should be provided in writing by mail, fax or email to the designated agent for the MWC website as follows:
Mountain Water Company
1345 W Broadway
P.O. Box 4826
Missoula, MT 59806
Each claim of copyright infringement must include all of the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed, along with that person’s address, telephone number and email address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material you claim is infringing is located on the MWC website;
(4) Your address, telephone number, email address, and all other information reasonably sufficient to permit MWC to contact you;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, the owner’s agent, or the law; and,
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are, or authorized to act on behalf of, the owner of the intellectual property right that is allegedly infringed.
This Agreement and your use of the MWC Website shall be governed in all respects by the laws of the State of Montana, without regard to choice of law rules. You agree that exclusive jurisdiction over and venue in any legal proceeding arising out of or relating to the MWC Website shall be in the state or federal courts located in Missoula County, State of Montana. You further agree to the exercise of personal jurisdiction over you by those courts for any such dispute. Any cause of action or claim you may have with respect to the MWC Website must be commenced within one (1) year after the cause of action or claim arises. MWC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Rather, no waiver shall be effective unless made in writing and signed by an authorized representative of MWC. Neither the course of conduct between the parties nor trade practice shall act to modify any of this Agreement’s terms and conditions. If any court of competent jurisdiction finds any term or condition of this Agreement to be invalid or unenforceable for any reason, all other terms and conditions shall be unaffected and remain in full force and effect unless otherwise validly terminated. MWC may assign its rights and duties under this Agreement to any party at any time without notice to you. MWC makes no representation that materials in the MWC website are appropriate or available for use in other locations outside Montana.
The provisions of this Agreement shall survive the term of your use of the MWC website.
By using the MWC website, you agree that MWC, in its sole discretion, may require you to submit any disputes arising out of your use of the MWC website or this Agreement, including, without limit, disputes arising from or concerning any part of the Agreement’s interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, but excluding procedures for large, complex commercial disputes, by one or more arbitrators appointed in accordance with those rules. Notwithstanding those rules, however, any such arbitration shall be governed by the laws of Montana as provided in the “Governing Law” section of this Agreement.
Any award in an arbitration initiated under this provision shall be limited to monetary damages and shall include no injunction or direction to any party other than to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
MWC can be reached with any questions or comments regarding the Site or any information or materials on the Site by email: ContactMWC@mtnwater.com or via U.S. Mail addressed to Mountain Water Company, 1345 W Broadway, P.O. Box 4826, Missoula, MT 59806.
All Contents of the Site (except where otherwise noted): Copyright 2008 Mountain Water Company. All rights reserved.