SWISS WATER® Process

swisswater.com ™ Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. Your use of the swisswater.com website is expressly conditioned on your acceptance without modification of the following terms and conditions (the Terms and Conditions). By using swisswater.com you indicate your acceptance of these Terms and Conditions.

Ownership

The swisswater.com website, its design, text, graphics, content, video, audio and the selection and arrangement thereof are the property of The Swiss Water Decaffeinated Coffee Company, Inc. (SWDCC) and are protected under the copyright laws of Canada and other countries. None of the content on the swisswater.com website in whole or in part may be reproduced, republished, distributed, displayed, sold, transferred or modified without the express written permission of SWDCC.

This website contains many of the valuable trade marks owned and used by SWDCC to distinguish its quality products and services. These trade marks and related proprietary property may not be used except with the express written consent of SWDCC.

Limitation of Liability

By using this site and its information you agree that SWDCC (and its agents, officers, directors and employees) are not liable for damages of any kind that accompany or result from your use of the swisswater.com website. SWDCC makes no representation or warranty of any kind, express or implied, regarding swisswater.com and/or any material or information provided on the website, all of which are provided on an "as is" and "as available" basis. SWDCC does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of swisswater.com or any of the content or data found on the website and expressly disclaims all warranties and conditions.

SWDCC does not warrant that the function of the website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. SWDCC does not warrant or make any representations regarding the use or the result of use of material on this site in terms of its correctness, accuracy, and reliability or otherwise. SWDCC is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failure or circumstance affecting, disrupting or corrupting communications.

SWDCC assumes no responsibility and shall not be liable for any damage to, or viruses that may affect your computer equipment or other property on account of your access to or use of swisswater.com or your downloading of any material, data, text, images, video or audio from swisswater.com. In no event shall SWDCC be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind arising out of or in any way connected with the access to or use of swisswater.com or content found therein.

Restrictions on Use of the swisswater.com Website The swisswater.com website may not, in whole or in part, be copied, distributed, republished, uploaded, posted, reproduced or transmitted in any way without the prior written consent of SWDCC.

You may download, display and print material presented on the swisswater.com website for your personal, non-commercial use only, provided you don't delete or change any copyright, trade mark or other proprietary notice.

Logo Usage

The SWISS WATER® Process logo may only be used by Licensed Vendors of Swiss Water Decaffeinated Coffee Company, Inc or with our express permission, in accordance with license terms provided to licensees of our mark. Swiss Water Decaffeinated Coffee Company, Inc. currently has three logos under trademark protection.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to SWDCC through or by reason of this site by email or otherwise (collectively the "Submission") will forever be the property of SWDCC. If you provide SWDCC with a Submission you grant SWDCC a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licencable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works for, distribute and display such Submission throughout the world in any media, now known or hereafter developed, and you waive all moral rights in the Submission. You also grant SWDCC the rights to use the name you submit with the Submission, if any, in connection with SWDCC's rights hereunder.

SWDCC will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future SWDCC operations. Without limitation, SWDCC will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. SWDCC will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to this site you acknowledge that you are responsible for whatever material you submit, and you, not SWDCC, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. SWDCC does not warrant or make any representation regarding the use of the materials contained in this site in terms of correctness, accuracy, reliability or otherwise.

Privacy

You have read the SWDCC Privacy Policy, the terms of which appear on swisswater.com, and are incorporated into these Terms and Conditions, and agree that the terms of such Privacy Policy are reasonable. You consent to the use of your personal information by SWDCC and/or third parties in accordance with the terms of and for the purposes set out in the SWDCC Privacy Statement.

Links

The swisswater.com website contains links to other websites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by SWDCC of the linked website or information contained therein. SWDCC is not responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites.

Modification

SWDCC reserves the right to, without notice, change the swisswater.com website, including the Terms and Conditions of use of swisswater.com. Please check this page periodically for changes. Your use of swisswater.com will be conditional upon your acceptance of the Terms and Conditions in force at the time of your use.

Indemnification

You shall indemnify and save harmless SWDCC, its officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of swisswater.com.

Relationships

The relationship between SWDCC and you will be that of independent contractors and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of swisswater.com.

Governing Law

These Terms and Conditions and the performance of the obligations and enforcement of the rights herein shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of swisswater.com and these Terms and Conditions.

Severability

These Terms and Conditions are severable. In the event any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings

The headings used in these Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter and may not be amended or modified except in writing or by SWDCC making such amendments or modifications available to it pursuant to the Terms and Conditions.