Terms of Service

 

By using the software hosted at WaterLinkConnect.com (“the Software”), which includes but is not limited to WaterLink DataMate Web (“DataMate Web”) and WaterLink Solutions, you (“the User”) agree to be bound by the terms of service as provided by LaMotte Chemical Products Company (“LaMotte Company”).  If you do not agree to the terms of this agreement, do not create an account for the Software, or otherwise contact LaMotte Company at support@waterlinkconnect.com.

 

License

1. This software consists of web pages hosted, owned, and operated by LaMotte Company, and offers use of these pages to you on the conditions you do not modify, copy, reproduce, or otherwise infiltrate, reverse engineer, or access any part of the Software beyond the inherent functions provided to use the software as intended by LaMotte Company.

2. LaMotte Company hereby grants you limited license to access the Software and site for your personal business use and not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license is personal and non-transferable, and may not be sublicensed, and the Software and any accompanying materials may not be transferred to any third party without the written consent of LaMotte Company. You will use the Software only for the purpose of serving and supplying your customers and will not use it as a service bureau or to perform computer or database services for other businesses.

3. LaMotte Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content on our sole discretion.

4. The License does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LaMotte Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form of LaMotte Company without express written consent. You may not use any meta tags or other “hidden text” utilizing LaMotte Company’s name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted.

5. Upon termination, LaMotte Company will delete any account, username, and password information for any and all users covered under the terms of your agreement, along with any data stored within the database for your license. Deleted information is irrecoverable. LaMotte Company may, at its discretion, maintain an archive of individual licensee instances and data for an unspecified period, though no data will be used in violation of the Privacy Policy as outlined below.  It is understood that data regarding your customers that has been entered into the Software may be extracted before access is revoked, provided, however, that in extracting such data, you may not retain any part of the Software, its object or source code, or design.  You agree that these terms are reasonable, and will not operate as a hardship on your business or operations.

 

Warranty

6. LAMOTTE COMPANY MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING NO WARRANTY THAT THE SOFTWARE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP, AND DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND ANY ACCOMPANYING MATERIALS.

7. IN NO EVENT SHALL LAMOTTE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, DAMAGES FOR BUSINESS INTERRUPTION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR THE INABILITY TO USE THIS SOFTWARE, EVEN IF LAMOTTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Electronic Communication

8. When you visit our website and use the Software or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

Copyright and Trademarks

9. All content included in the Software and on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data complication, and software is the property of LaMotte Company protected by the United States and international copyright laws. The compilation of all content on this site is the exclusives property of LaMotte Company and protected by the U.S. and international copyright laws. All software used on this site is the property of LaMotte Company or its software suppliers and protected by the United States and international copyright laws.

10. WaterLinkConnect.com OR WaterLink DataMate Web OR LaMotte Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of LaMotte Company in the U.S. and/or other countries. LaMotte Company’s trademarks and trade dress may not be used in connection with any product or service that is not LaMotte Company’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LaMotte Company. All other trademarks not owned by LaMotte Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LaMotte Company.

 

Privacy

11.  All Data retained in the Software by the User is subject to the Privacy Policy outlined below.

12.  LaMotte Company will not nor any Partners of LaMotte Company solicit to, sell, or otherwise utilize data you enter into the Software for marketing purposes. Data may be used only for analysis and performance of the Software. Data pertaining directly to the User may be used by LaMotte Company for support and maintenance purposes.

13.  You may extract data entered into the Software at your discretion; however, LaMotte is under no obligation to provide that data to you in a format outside of that provided by the tools and options offered within the functionality of the Software.

14.  LaMotte Company is not responsible for the loss of data and is under no obligation to recover data in the event of loss.

15.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to the computer and/or devices that access the Software to those that must use the Software in the action of performing the intended business functionality of the Software. You agree to accept all responsibility for activities performed under your account or password. You acknowledge that LaMotte Company is not responsible for third party access to your account that results from theft or misappropriation of your account.

 

Subscription for DataMate Web

16.  Access to the Software is conditional on the licensee maintaining and keeping current an active, paid subscription to the Software Service, payable to LaMotte Company. Failure to maintain a current and paid in full subscription will result in immediate account deletion and/or remittance to collections for past due fees within the fullest extent of the law. Interruption of payment may result in interruption of service and loss of data. LaMotte Company is under no obligation to maintain records and/or data should the account become delinquent.

17.  Subscription to the Software is month-to-month commitment. Billing of your account will be charged on a monthly basis beginning at the point of account sign up.

18. An active subscription affords three (3) “Concurrent User Licenses,” allowing up to three sub-users to log into the Software simultaneously. Additional Concurrent User Licenses can be purchased as an optional “add-on” to the monthly subscription fee at the User’s discretion. Additional Concurrent Licenses are subject to the same terms and conditions as outlined here. Additional Concurrent User Licenses can be cancelled and removed from an account with an active subscription, but Additional Concurrent User Licenses cannot be canceled to a number fewer than three (3) included with the base subscription plan. See below for cancellation policies.

19.  A single subscription grants you access to the Software and as many sub-users as you wish, as long as the sub-users are in your employ at the business for which the Software is used.

20.  For each physical address from which the Software is used to conduct business, a “Location” is required as an elevated form of subscription or “add-on;” one for each location. Such an “add-on” requires additional fees.


Cancellation/Refund Policy for DataMate Web

21.  The first thirty (30) days an account is active are considered a free trial period. No charges will be made against provided credit cards during this time. An account can be canceled during this first thirty day period either by contacting LaMotte company support or using the controls within application to cancel. Accounts canceled during this first thirty day period will remain active until the end of the thirty day period and then be shut down. LaMotte company is under no obligation to provide a second trial period.

22.  After the thirty day trial period concludes, month-to-month billing will proceed, each month billed at the beginning of the month period. An account can be canceled at any time during an active month, but the account will remain active through the end of the current paid month period. LaMotte company is under no obligation to offer refunds, credits, or reimbursements for fees collected for a subscription to the Software for an account cancelled by the User.


Access to WaterLink Solutions

23. Completing the registration for a WaterLink Solutions account entitles the User to an active account and a single Concurrent User License.

24. Optional “add-ons” for WaterLink Solutions purchased via the marketplace within the application, are billed month-to-month, or as one-time fees (dependent on the specific add-on), each month billed at the beginning of the month period.


Cancellation/Refund Policy for WaterLink Solutions

25. Individual “add-ons” can be canceled, upgraded, or otherwise changed at any time by accessing the marketplace within the application.  Cancelled addons will remain active through the end of the current billing cycle, though additions and upgrades will take effect immediately. Fees for addons will be prorated to fit within the monthly billing cycle. LaMotte company is under no obligation to offer refunds, credits, or reimbursements for fees collected for an add-on to the Software for an account cancelled by the User.


General Access

26.  User may not share or otherwise grant access to the Software to another business entity.

27.  Violation of any of the above terms will result in immediate and irrevocable termination of the terms of service and access to the Software and all data therein. LaMotte is free to pursue the User to the fullest extent of the law.

 




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