Terms of Use
  1. BY USING OR ACCESSING THIS SITE, YOU AGREE TO THE FOLLOWING “TERMS OF USE.”  Your access to, and use of www.niagarawater.com, including the content, services and/or software provided therein (collectively, the “Site”) are subject to the following Terms of Use and all applicable laws and regulations.  If you do not agree to and accept, without limitation or qualification, these Terms of Use, you are required to exit the Site immediately.
  2. EXCLUSION OF LIABILITY.   YOUR USE OF, OR ACCESS TO, THIS SITE IS AT YOUR OWN RISK.  UNDER NO CIRCUMSTANCES SHALL NIAGARA OR ITS EMPLOYEES, OWNERS, OFFICERS, ATTORNEYS, CUSTOMERS OR AFFILLIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS TO, OR USE OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR LINKS CONTAINED IN THIS SITE), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  Please note that some jurisdictions may not allow exclusion of certain damages, so some of the above exclusions may not apply to you.
  3. DICLAIMER OF WARRANTIES.  THIS SITE IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU  “AS IS,”  WITHOUT ANY REPRESENTATION OF ACCURACY AND WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT).  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Without limiting the foregoing, Niagara neither warrants nor represents that your use of the Site will not infringe upon the rights of any third parties nor that any information on the Site will be accurate, complete or up-to-date. 
  4. OWNERSHIP OF CONTENT.  This Site and all of its contents, including, but not limited to, all text and images (“Content”) are owned by Niagara, its subsidiaries, customers, affiliated companies and/or third parties. Your use of any Content, except as expressly provided in these Terms of Use, without the permission of the Content owner, is strictly prohibited.  Niagara will aggressively enforce its intellectual property rights to the fullest extent of the law.  Under no circumstances may you distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the Content owner’s written permission.
  5. PRIVACY.  Any personal data you transmit to the Site by electronic mail or otherwise will be used by Niagara in accordance with the Site’s Privacy Policy, as posted.  Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. 
  6. LINKS TO THIRD PARTY SITES.  This Site may contain links to sites owned or operated by parties other than Niagara.  Such links are provided for your convenience only.  Niagara does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites.  Without limiting the foregoing, Niagara specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.  Niagara does not endorse the content, or any products or services available on such sites.  If you establish a link to such sites, you do so at your own risk and without the permission of Niagara.
  7. INDEMNITY.  You agree to defend, indemnify and hold harmless Niagara, and its employees, officers, owners, attorneys, agents, customers and affiliates from and against all claims, losses, costs and expenses (including, without limitation, attorney fees) arising out of or in any way related to (a) your use of, or activities in connection with, the Site; and/or (b) any violation of these Terms of Use by you or through your account.
  8. LAW AND JURISDICTION.  These Terms of Use are governed by the laws of  the state of California, USA, without regard to its choice of law provisions.  Any action, dispute, or proceeding arising out of or in any way related to your use of this Site shall be venued in San Bernardino county, California.
  9. SEVERABILITY.  If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, that provision (or that portion of that provision) will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision(s).
  10. CLAIMS FOR COPYRIGHT INFRINGEMENT.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law.  If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Niagara a notice requesting that Niagara remove the material or block access to it.  Notices should be sent to:  Brian Hess, Esq., Niagara Bottling, LLC, 2560 E. Philadelphia St., Ontario CA 91764.
  11. INFORMATION OR COMPLAINTS.  Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding this Site, please send an email to bhess@niagarawater.com.  You may also contact us by writing to Niagara Bottling, LLC, 2560 E. Philadelphia St., Ontario CA 91764, or by calling us at (909) 980-9493.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.


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