Last Updated: October 12, 2023
Wanner International, Inc. (together with its affiliates and related entities, “Wanner”, “we”, “us”, “our”, or similar) is proud to make available to you the Hydraulic Jet Pump Configurator (the “Application”).
These Terms and Conditions (“Terms”) are by and between you and Wanner and govern your access and use of the Application. “You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Application (“Organization”). By accessing or using the Application, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.
By: (i) accessing or using the Application, (ii) registering to use the Application; or (iii) otherwise clicking on the “I Agree,” “Submit,” “Create Account,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms.
You understand that we reserve the right to change or amend these Terms from time to time. Except as otherwise required by law, all changes shall be immediately effective upon their posting to the Application. You acknowledge and agree that your continued access and use of the Application following such changes shall be deemed acceptance by you of any new or amended provisions of these Terms.
By accessing or using the Application, you represent and warrant that you are 18 years of age or older and otherwise meet all of the requirements contained herein to enter into these Terms. If you do not meet all of these requirements, you must not access or use the Application.
PROHIBITED USES AND CONDUCT.
You may use the Application only for lawful purposes and in accordance with these Terms.
You agree not to use the Application: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm any person in any way by exposing them to inappropriate content, facilitating harassment, or otherwise; (iii) to impersonate or attempt to impersonate Wanner, an Wanner employee, another user, or any other person or entity; or (iv) to engage in any other conduct that restricts or inhibits anyone\'s use or enjoyment of the Application, or which, as determined by us, may harm Wanner or users of the Application, or expose them to liability.
You agree not to, and will not permit any third party to: (i) use any robot, bot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring, scraping, or copying any of the material on the Application; (ii) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iii) introduce to the Application or any Wanner system or servers any viruses, Trojan horses, worms, malware, ransomware, logic bombs, or other material that is malicious or technologically harmful; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, any Wanner accounts, the servers on which the Application is hosted or stored, or any server, computer, or database connected to the Application.
You are solely responsible for any liability associated with your use of the Application. You shall not, and are not authorized to, use the Application in any manner that violates any person’s rights or any applicable law.
USER DATA.
The Application allows users to upload, post, or submit information (“User Data”) that is processed by the Application.
In submitting the User Data to the Application, you grant Wanner and our affiliates, licensors, and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, sublicensable, transferable, worldwide, royalty-free license to use, display, access, view, store, and/or download User Data, and post or forward User Data to others, for the purpose of providing you the Application, exercising our rights or obligations under these Terms, or any other use described in our Privacy Policy. Wanner acknowledges and agrees that User Data may, in certain cases, also be your Confidential Information.
You also acknowledge and agree that Wanner does not control any user’s acts or omissions, or User Data submissions. We disclaim all warranties and liabilities for User Data. We are not responsible for any action taken by any third party with respect to your User Data.
You represent and warrant that you own or otherwise have all necessary rights in and to the User Data to provide such data to Wanner via the Application and that you have the right to grant the license above. You also represent and warrant all of your User Data does and will comply with all applicable laws, rules, and regulations, and these Terms.
You understand and acknowledge that you have full responsibility for your User Data, including its legality, reliability, accuracy, and appropriateness. Wanner disclaims all representations or warranties regarding the retention or backup of any User Data. You are solely responsible for the backup and any copies of any User Data.
For the purposes of these Terms, “User Data” does not include any aggregated or de-identified data derived or originating from your use of the Application, including any technical usage data, that does not identify you and is not capable of re-identifying you (“De-Identified Data”). As between you and Wanner, all De-Identified Data (together with any algorithms, models, code, or programs derived therefrom or based thereon) is solely and exclusively owned by Wanner. Wanner may use such data for any lawful purpose, including to manage and improve the performance of its Application, for statistical analysis, and for research, commercial, and development purposes.
FEEDBACK. Wanner may solicit your feedback regarding your experience accessing or using the Application. The comments, information, and details you submit to us through surveys, reviews, or other forums regarding your experience accessing or using the Application, including without limitation any suggestions or recommendations regarding the Application’ features or functionality, including any improvements (“Feedback”) may be used by Wanner without any obligation, limitation, attribution, or compensation to any party. You hereby assign to Wanner all right, title, and interest, including intellectual property rights, in and to any ideas, inventions, know-how, concepts, techniques, or other concepts contained in the Feedback. For clarity, Feedback does not include User Data.
TERM; TERMINATION.
Wanner has the right to cancel subscriptions at any time for any reason. If Wanner cancels your subscription for a reason other than cause, you may request a refund from Wanner by contacting us at the information provided below.
You further agree that Wanner may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Application without notice if we suspect illegal, fraudulent, or abusive activity. Such activity (including your personal information) may be referred to appropriate law enforcement authorities. Upon suspension or termination of your subscription and/or these Terms, your right to access or use the Application will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information, in accordance with these Terms.
PAYMENT METHOD. In order to purchase a subscription to the Application, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and email. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit, or request that we link, in connection with the purchase of a subscription and that you have all authority necessary to purchase a subscription using the payment mechanism that you submit or request that we link. By submitting such information, you grant Wanner the right to provide such information to third parties for the purposes of facilitating your purchase. You acknowledge and agree that Wanner is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
FUNCTIONALITY AND UPDATES. Wanner reserves the right to change, suspend, or discontinue any aspect of the Application at any time, including availability of a feature, database, or content. We may from time to time in our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
THIRD-PARTY SITES AND LINKS. Wanner makes reasonable efforts to determine that other websites owned or operated by third parties accessible via the Application (collectively, “Third-Party Websites”) are active and appropriate at the time the links to such Third-Party Websites are placed in the Application. Wanner has no control over, and assumes no liability for, the continued existence of, or the material available on, any Third-Party Website. Should you discover that any link in the Application references a Third-Party Website that is no longer active or that contains inappropriate or irrelevant information, please notify us by sending an e-mail message to the address listed below. Links from the Application to Third-Party Websites do not constitute or imply an endorsement, sponsorship, or recommendation by Wanner or any of its affiliates of the third party, the Third-Party Website, or the resources, information, or content contained therein. Wanner does not endorse or warrant, and is not responsible or liable for, any such Third-Party Website or the content thereon. Please review the applicable third party’s terms and conditions and privacy policy when interacting with or using any Third-Party Website.
WARRANTY DISCLAIMERS. Wanner disclaims any and all liability for the acts, omission, and conduct of any Users or third parties in connection with or related to your use of the Application. Users are completely responsible for their use of the Application. Users’ sole remedy against Wanner for dissatisfaction with the Application or any content is to stop using the Application or any such content at once. This limitation of relief is a part of the bargain between the parties. THE APPLICATION MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. UNLESS OTHERWISE EXPRESSED, THE APPLICATION ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND WANNER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE APPLICATION ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WANNER MAKES NO GUARANTEES THAT YOUR USE OF THE APPLICATION OR ANY DATA OR PREDICTIONS SUPPLIED THEREBY WILL RESULT IN ANY INCREASE IN PRODUCTION RATES, OR REVENUE, PROFIT, OR RECOUPMENT OF COSTS FOR YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE USING THE APPLICATION. YOU USE THE INFORMATION SUPPLIED TO YOU BY THE APPLICATION AT YOUR OWN RISK; YOU ARE NOT AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY TO ANY THIRD PARTY REGARDING THE FUNCTIONALITY OF THE APPLICATION OR THE RESULTS OF THE APPLICATION.
CLASS ACTION WAIVER; WAIVER OF JURY TRIAL.
THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.
GEOGRAPHIC LOCATION; EXPORT LAWS. Wanner is based in the United States. Be aware that access of the Application may result in the transfer of your information to servers located in the United States. If you access the Application from outside of the United States, you consent to all such transfers. We make no claims that the Application or any of its content complies with any laws outside of the United States. Those who choose to access the Application from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so. The Application and all related documentation and technical data are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations and may be subject to export or import regulations of other countries. You shall not use, export, re-export, or provide access to the Application or any related documentation or data in any form in violation of any applicable export or import laws of any jurisdiction.
MISCELLANEOUS.
These Terms and the Privacy Policy constitute the sole and entire agreement between you and Wanner regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Application.
It is expressly agreed that Wanner and all users shall be independent contractors of each other and that the relationship between the parties shall not constitute a partnership, joint venture or agency. Neither Wanner nor any user shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other party, without the prior consent of such other party.
In addition to these Terms, you may enter into other agreements with us that will govern your use of the Application. If there is any contradiction or conflict between these Terms and another agreement you enter into with us applicable to the Application, the other agreement shall take precedence in relation to the specific aspects of the Application governed by such agreement.
If any part, term, or provision of these Terms is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if these Terms did not contain the particular part, term, or provision held to be illegal or invalid.
The provisions of these Terms shall survive any expiration or termination of these Terms or completion of any services hereunder to the extent necessary or appropriate to carry out the intent of such provisions.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
CONTACT US.
If you have questions regarding these Terms or the Application, please contact us by e-mail at sales@wannerint.com or by using the contact information provided below:
Wanner International Ltd
Units 8-9 Fleet Business Park
Sandy Lane
Church Crookham
Hampshire
GU52 8BF, UK