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Terms of Use

Powers is a subsidiary of Watts Water Technologies, Inc.

Terms of Use for Our Websites, Mobile and Desktop Applications and Related Products and Services

Last Modified: August 6, 2015

Acceptance of the Terms of Use

Welcome to our Websites (the "Websites") of Watts Water Technologies, Inc. and its affiliates, subsidiaries, divisions and companies ("Watts", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our Websites, including any content, functionality and services offered on or through our Websites, whether as a guest or a registered user. These Terms of Use also govern your access to and use of our mobile and desktop applications, and any of our products for use in conjunction with our Websites or mobile and desktop applications (“Related Products”). As used herein, Related Products includes, but is not limited to, products, such as thermostats, which are accessible through the Internet to our Websites or mobile and desktop applications. These Terms of Use also govern any services we may provide in conjunction with our Websites, mobile and desktop applications and Related Products.

Please read the Terms of Use carefully before you start to use our Websites, mobile and desktop applications and Related Products. This is a legal agreement. By using our Websites, mobile and desktop applications and Related Products, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.wattswater.com/Privacy-Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Websites, mobile and desktop applications and Related Products or our Related Products.

Watts cares about the integrity and security of your personal information, as outlined in our Privacy Policy. However, Watts cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Our Websites, mobile and desktop applications and Related Products are offered and available to users who are 13 years of age or older. By using our Websites, mobile and desktop applications and Related Products, you represent and warrant that you are 13 years of age or older. If you are not 13 years of age or older, you must not access or use our Websites, mobile and desktop applications and Related Products.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Websites, mobile and desktop applications and Related Products thereafter.

Your continued use of our Websites, mobile and desktop applications and Related Products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing our Websites and Account Security

These Terms will remain in full force and effect so long as you continue to access or use our Websites, mobile and desktop applications and Related Products, or until terminated in accordance with the provisions of these Terms. YOU UNDERSTAND AND AGREE THAT We reserve the right to withdraw or amend our Websites and mobile and desktop applications, and withdraw or amend our support for Related Products, and any services or materials we provide on our Websites and mobile and desktop applications and for our Related Products, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Websites, mobile and desktop applications and Related Products are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Websites, mobile and desktop applications and Related Products, or the entire Websites and mobile and desktop applications, to users, including registered users.

Automatic Software Updates.

Watts may from time to time develop patches, bug fixes, updates, upgrades and other modifications (“Updates”) to improve the performance of our Websites, mobile and desktop applications and Related Products. These may be automatically installed without providing any additional notice or receiving any additional consent. BY USING OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATES OF THE RELATED PRODUCTS. IF YOU DO NOT AGREE, YOU SHOULD NOT USE OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use our Websites, mobile and desktop applications and Related Products and you agree to promptly install any Updates Watts provides. Your continued use of our Websites, mobile and desktop applications and Related Products is your agreement – (i) to these Terms with respect to the Services, and (ii) to any End User License Agreement provided with our software.

You are responsible for:

To access our Websites, mobile and desktop applications and Related Products, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our Websites, mobile and desktop applications and Related Products that all the information you provide on our Websites, mobile and desktop applications and Related Products is correct, current and complete. You agree that all information you provide to register with our Websites, mobile and desktop applications and Related Products, or otherwise, including but not limited to through the use of any interactive features on our Websites, mobile and desktop applications and Related Products, is governed by our Privacy Policy http://www.wattswater.com/Privacy-Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Websites, mobile and desktop applications and Related Products, or portions thereof, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

YOU UNDERSTAND AND AGREE THAT WE HAVE THE RIGHT TO DISABLE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOUR OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, INCLUDING IF, IN OUR OPINION, YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS OF USE.

Intellectual Property Rights

WATTS RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND ASKS USERS OF THIS SITE TO DO THE SAME.

Our Websites, mobile and desktop applications and Related Products and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Watts, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Websites, mobile and desktop applications and Related Products for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, mobile and desktop applications and Related Products, except as follows:

You must not:

You must not access or use for any commercial purposes any part of our Websites, mobile and desktop applications and Related Products, or any services or materials available through our Websites, mobile and desktop applications and Related Products, unless you are an authorized sales representative for use in selling our products.

If you wish to make any use of material on our Websites, mobile and desktop applications and Related Products other than that set out in this section, please address your request to: privacy@wattswater.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Websites, mobile and desktop applications and Related Products in breach of the Terms of Use, your right to use our Websites, mobile and desktop applications and Related Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Websites, mobile and desktop applications and Related Products or any content on our Websites, mobile and desktop applications and Related Products is transferred to you, and all rights not expressly granted are reserved by Watts. Any use of our Websites, mobile and desktop applications and Related Products not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Watts’ name and all related names, logos, product and service names, designs and slogans on our Websites, mobile and desktop applications and Related Products are trademarks of Watts or its licensors. You must not use such marks without the prior written permission of Watts. All other names, logos, product and service names, designs and slogans on our Websites, mobile and desktop applications and Related Products are the trademarks of their respective owners.

Prohibited Uses

You may use our Websites, mobile and desktop applications and Related Products only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Websites, mobile and desktop applications and Related Products:

Additionally, you agree not to:

Changes to our Websites, mobile and desktop applications and Related Products

YOU UNDERSTAND AND AGREE THAT WE MAY UPDATE THE CONTENT ON OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS FROM TIME TO TIME, BUT THEIR CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE.  ANY OF THE MATERIAL ON OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.

Information About You and Your Visits to our Websites and Use of Our Mobile and Desktop Applications and Related Products

All information we collect on our Websites, mobile and desktop applications and Related Products is subject to our Privacy Policy http://www.wattswater.com/Privacy-Policy. By using our Websites, mobile and desktop applications and Related Products, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to our Websites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Our Websites, mobile and desktop applications and Related Products may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from our Websites, mobile and desktop applications and Related Products

If our Websites, mobile and desktop applications and Related Products contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Websites, mobile and desktop applications and Related Products, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

App Stores

You acknowledge and agree that the availability of our mobile applications are dependent on the third party websites from which you download the mobile applications, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Watts and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use our mobile applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

Disclaimer of Warranties

You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Websites, mobile and desktop applications and Related Products will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS, OR ON ANY WEBSITES LINKED TO OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS.

YOUR USE OF OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS IS AT YOUR OWN RISK. OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WATTS NOR ANY PERSON ASSOCIATED WITH WATTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER WATTS NOR ANYONE ASSOCIATED WITH WATTS REPRESENTS OR WARRANTS THAT OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WATTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL WATTS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES, MOBILE AND DESKTOP APPLICATIONS AND RELATED PRODUCTS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Watts, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our Websites, mobile and desktop applications and Related Products, including, but not limited to, any use of the content, services and products of our Websites, mobile and desktop applications and Related Products other than as expressly authorized in these Terms of Use or your use of any information obtained from our Websites, mobile and desktop applications and Related Products.

Governing Law and Jurisdiction

All matters relating to our Websites, mobile and desktop applications and Related Products and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, United States, without giving effect to any choice or conflict of law provision or rule (whether of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Websites, mobile and desktop applications and Related Products shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR Our Websites, mobile and desktop applications and Related Products MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Watts of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Watts to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Watts with respect to our Websites, mobile and desktop applications and Related Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Websites, mobile and desktop applications and Related Products.

Contact Information

To ask questions or comment about these Terms of Use, contact us at:

By Email:             privacy@wattswater.com

By Mail:               Watts Water Technologies, Inc.

Webmaster
815 Chestnut St.
North Andover, MA
01845-6098

By Phone:           Tel: (978)688-1811 Fax: (978)794-1848

Thank you for visiting our Websites.