Terms and Conditions Effective Date: January 1, 2020.
These Terms have an impact on your legal rights, obligations, and responsibilities, and they regulate your utilization of the Service. They are legally binding, establish limitations on Reynolds Culligan’s liability to you, and necessitate your indemnification of us. Certain disputes must be resolved through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, please refrain from using the Service and uninstall any Service downloads and applications.
In certain instances, different or additional terms that are posted on the Service apply to particular parts of the Service (collectively referred to as “Additional Terms”). In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall take precedence unless expressly stated otherwise in the Additional Terms. For example, our Culligan Filter Replacement Text Program Terms and Conditions are Additional Terms that pertain to our Culligan Filter Replacement Text Program.
Updates to these Terms and Additional Terms
We may prospectively modify these Terms and Additional Terms by posting new terms or revised terms on the Service, as described more comprehensively here.
Below, we have provided brief summaries of some (though not all) of the main topics covered by these Terms. Please be aware that the complete provisions, rather than the headings or summaries, are legally binding.
Grants and Limitations of Rights We grant you a limited, revocable license to use the Service, subject to specified rules and restrictions. More You provide us with a comprehensive license for the content you submit and your profile. You retain ownership of and responsibility for your content. We retain the right to manage our Service to ensure the appropriateness of its content. More Your use of our Service is subject to various restrictions aimed at safeguarding the Service and its users. More
Limitations on Your Remedies In accordance with applicable law, We also disclaim most warranties and provide the Service “As Is.” More Our liability is significantly restricted. More Your rights to equitable relief or injunctive relief are limited. More
Dispute Resolution In compliance with the law, you consent to resolving disputes through arbitration and waive your rights to a jury trial and class actions. More
Availability of Service We reserve the right to alter or discontinue our Service, or your access to it, either wholly or partially. More Our Service is intended for access and use within the United States. More
OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.
Ownership: The Service and all its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Reynolds Culligan, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service belong to Reynolds Culligan, our licensors, or certain other third parties and are protected by U.S. and international copyright, trademark, trade dress, patent, and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Reynolds Culligan owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Your Rights to Use the Service and Content: Your right to use the Service and Content is contingent upon strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Culligan Licensed Elements”):
- Display, view, use, and play the Content on a computer, mobile, or other internet-enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
- Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
- Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
- If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
- Download, install, and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Reynolds Culligan does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Reynolds Culligan and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Reynolds Culligan; (iii) you may not assign, rent, lease, or lend the Software to any person or entity, and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
- If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
- Link to the Service from a website or other online service, so long as: (a) the links only incorporate text and do not use any Reynolds Culligan names, logos, or images; (b) the links and the content on your website do not suggest any affiliation with Reynolds Culligan or cause any other confusion; (c) the links and the content on your website do not portray Reynolds Culligan or its products or services in a false, misleading, derogatory, or otherwise offensive manner and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violates any right of any third-party or is otherwise objectionable to Reynolds Culligan. Reynolds Culligan reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
- Use any other functionality expressly provided by Reynolds Culligan on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms.
Rights of Others: In using the Service, you must respect the Intellectual Property and rights of others and Reynolds Culligan. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, see Section 6 below.
Reservation of all Rights Not Granted as to Content and Service: These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY REYNOLDS CULLIGAN AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.
WIRELESS, MESSAGING, AND LOCATION-BASED FEATURES (continued)
Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions, and, if your opt-out is limited to certain types of emails, the opt-out will be so limited. Subject to applicable law, we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements, and these informational or transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
Text Messages. You may be given opportunities to subscribe to various text marketing or other text messaging programs, and, by doing so, you consent to receive ongoing text alerts (including via actual or potential auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. An example of a text program is our Culligan Filter Replacement Text Program to which Additional Terms, our Culligan Filter Replacement Text Program Terms and Conditions, apply. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out of) that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent or to which you later consent (to the extent specified). Alerts auto-renew unless otherwise specified when you consented. Except for the purchase of premium text programs to which you subscribe for a fee, your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we may send mobile text messages using automated technology. If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which you are responsible. Contact your carrier for details. Premium rates that we charge (if any) for text messages will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages.
CREATING AN ACCOUNT (continued)
Profiles. We may, either directly or through a third-party partner, from time to time permit you to set up private, semi-private, and/or public profile pages (“Profile Page(s)”) that allow you to provide and/or display information about you. Your Profile Page may not include any form of prohibited UGC, as outlined in Section 2 above and in our Rules. Without limiting the foregoing, Profile Pages may not include content regarding goods or services that you are attempting to sell through the Service and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions, absent our prior written consent. We may offer you the ability to set preferences relating to your profile or Service activities, but settings may not become effective immediately or be error-free, and options may change from time to time. We assume no responsibility or liability for users’ profile material. Your profile information, including your photo, may be used by us for identity management and fraud prevention on and off the Service. Profile Pages may only be set up by an authorized representative of the individual that is the subject of the Profile Page. We do not review Profile Pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Service. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate, in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time, without notice.
ARBITRATION AND DISPUTE TERMS (Continued)
Arbitration Location and Costs. Any arbitration hearing that takes place in person shall be conducted at a location that is convenient to both parties with due consideration of factors such as the nature of the dispute, your location, and the costs involved. If you prevail in the arbitration of any Dispute against Culligan, you shall be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Culligan will not seek attorneys’ fees and expenses from you in any arbitration unless the arbitrator determines that your claim was frivolous or brought for an improper purpose, in which case Culligan will seek to recover its attorneys’ fees and expenses from you. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award, and will be binding and final except for any right of appeal provided by the FAA.
Governing Law and Severability. These arbitration and dispute resolution terms shall be governed by and construed in accordance with the Federal Arbitration Act, notwithstanding any conflicting choice of law provisions in any other agreements between you and Culligan. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this provision; provided, however, that the entire arbitration provision shall be invalidated if the requirement of arbitration solely on an individual basis is deemed invalid or unenforceable. If a court decides that the entirety of this arbitration provision is invalid or unenforceable, the remainder of these Terms shall still apply.
Opt-Out of Arbitration. You have the right to opt out of this agreement to arbitrate by notifying Culligan in writing within 30 days of the date you first became subject to this arbitration provision. To opt out, send a letter that includes your name, address, and phone number, and states your decision to opt out of the arbitration provision to: Culligan International Company, Attention: Legal Department – Arbitration Opt-out, 9399 W. Higgins Rd., Ste 1100, Rosemont, IL 60018, USA.
Survival. This arbitration provision shall survive the termination of these Terms and any bankruptcy by you or Culligan.
CLASS ACTION WAIVER. YOU AND CULLIGAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Culligan agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
FORCE MAJEURE. Culligan shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Culligan, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Culligan’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
GENERAL TERMS. These Terms constitute the entire agreement between you and Culligan and govern your use of the Service, superseding any prior agreements between you and Culligan. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Culligan services, affiliate services, third-party content, or third-party software. These Terms and the relationship between you and Culligan shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms or any rights or obligations contained herein. Culligan may assign these Terms at any time without notice to you. Culligan’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
CONTACT INFORMATION. Please direct any questions, complaints, or claims related to the Service or these Terms to Culligan Customer Support via email or by calling 1-855-561-4527. You may also contact Culligan by mail at 9399 W. Higgins Rd., Ste 1100, Rosemont, IL 60018, USA.
Limitation on Injunctive Relief: To the extent permitted by applicable law, if you claim that you have suffered any losses, damages, or injuries in connection with your use of the Service, these losses, damages, and injuries will not be considered irreparable or sufficient to entitle you to an injunction or other equitable relief of any kind. This means, among other things, that you agree not to seek and will not be allowed to obtain any court action that may interfere with or hinder the development or exploitation of any website, application, content, user-generated content (UGC), product, service, or intellectual property owned, licensed, used, or controlled by any Culligan Party (as defined below), including your licensed UGC, or a licensor of any Culligan Party.
Governing Law: These Terms, along with any applicable Additional Terms, General Disputes, IP Disputes, and any other claims brought by you against Culligan or by Culligan against you pursuant to this Section 9, or related to the Service, Content, Culligan Licensed Elements, UGC, or other Culligan products or services, will be governed by, construed, and resolved in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 9 is governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state and is enforceable on a self-executing basis as per its terms. You and Culligan agree that this Section 9 satisfies the “writing” requirement of the Federal Arbitration Act. Any amendments to this Section 9 can only be made by mutual agreement. Either party may seek enforcement of this Section 9 in any court of competent jurisdiction, and the arbitrator shall decide any challenges to the arbitrability of a claim.
Class Action Waiver: To the extent permitted by applicable law, both you and Culligan waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action or to participate in such actions regarding any Dispute brought by anyone else. The arbitrator shall not have the authority to hear the arbitration as a class, consolidated, representative, or private attorney general action, or to consolidate, join, or combine Disputes of different persons into one proceeding. If the class action waiver is found void or unenforceable, such claims must be heard and determined through a court proceeding, not in arbitration.
Jury Waiver: To the extent permitted by applicable law, the parties hereby waive their right to a jury trial for all claims and issues arising under, in connection with, or relating to these Terms, their breach, and the scope of the provisions of this Section, whether based in contract or tort, including any claim for fraudulent inducement.
Small Claims Matters: Notwithstanding the above, either party may bring a qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 9.F.
Disclaimer of Representations and Warranties: To the extent permitted by applicable law, your access to and use of the Service is at your own risk and provided on an “as is,” “as available,” and “with all faults” basis. Culligan and its affiliates disclaim all representations, warranties, endorsements, or promises, express or implied, related to the Service, Content, Culligan Licensed Elements, UGC, or other Culligan products or services, except as specifically set forth in subsection C below. Except for specific warranties provided herein or in applicable Additional Terms, or as required by applicable law, Culligan parties further disclaim all warranties, including those of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
Limitations of Liability: To the extent permitted by applicable law, under no circumstances will any Culligan Party be responsible or liable for any loss or damages of any kind, including personal injury or death, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages, including loss of profits, related to the Service, Content, Culligan Licensed Elements, UGC, or other Culligan products or services. This limitation of liability applies even if the events or circumstances were foreseeable, and regardless of whether the action is based on contract, negligence, strict liability, or tort. In no event will Culligan Parties’ total liability to you exceed the amount you paid to Culligan for the relevant transaction(s). These limitations do not affect specific warranties provided for physical products or Culligan Parties’ liability for personal injury to the extent not waivable or limited under applicable law.
Updates to Terms: It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service. Your continued use of the Service after the posting of new terms constitutes your agreement to those terms.
General Provisions: Culligan’s consent or approval must be in writing and signed by an officer. You agree to defend, indemnify, and hold Culligan Parties harmless from and against any claims, damages, costs, and liabilities arising from your UGC, use of the Service, breach of these Terms, or violation of laws. The Service is controlled from the USA, and you are responsible for compliance with local laws. You must comply with export controls and laws, and you agree not to export the software to any restricted countries or individuals. If any provision of these Terms is deemed invalid, the remainder remains valid. We reserve the right to investigate, cooperate with law enforcement, terminate, or suspend access to the Service at our discretion. Certain sections of these Terms will survive termination.
By having a checked box on my submitted form, I provide my express consent to Culligan Water to contact me via Phone, Email and/or SMS. I understand that my consent is not a requirement for purchase, and I may withdraw my consent at any time.