TERMS OF USE

UPDATED: July 2024

Welcome to Waterborneofficial.com

www.waterborneofficial.com (collectively, the “Site”) is the official website for Waterborne Company and its subsidiaries and affiliates (the “Company,” “Waterborne”). We encourage you to read the following terms governing your use and purchase of products from the Site. By using the Site or by providing Personal Information to us, you agree to be bound by these Terms of Use set forth below, the Cookie Policy (link), and any other documents referred to therein (collectively, the “Terms”).

Modifications to these Terms

From time to time, we may change the terms that govern your use of our Site. Your use of our Site following any such changes to these Terms of Use constitutes your agreement to follow and be bound by the terms as changed.

Use and Restrictions

This Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Waterborne, in its sole discretion and without notice or obligation to you, may temporarily or permanently suspend or discontinue any or all access to the Site. We may change, move, or delete portions of or add to our Site or its Contents (hereinafter defined) from time to time, and these terms cover any subsequent changes or modifications to our Site and/or its Contents.

Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, noncommercial use and you agree that you will not: (a) resell products purchased or make other commercial use of the products, Site or its Contents (hereinafter defined); (b) modify, reproduce, publish, transmit, distribute, display, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software; (c) collect or use any product listings or descriptions; (d) use any data mining or similar data gathering methods from the Site; (e) use, frame or utilize framing techniques to enclose any Waterborne trademark, logo or other proprietary information (including images, text, layout or design) without Waterborne’s express consent; or (f) except for your use of the Site as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way. Any unauthorized use of the Site will result in you being banned from using the Site.

Intellectual Property Rights

The Site and its Contents are protected by copyright, trademark, and other laws, and Waterborne owns and/or uses with permission all worldwide rights, titles, and interests in and to the Site and its Contents. You agree not to display or use such trademarks without Waterborne’s expressed permission.

User Comments, Feedback, Postcards and Other Submissions

Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered by you to Waterborne on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, “Submissions”) shall be and remain Waterborne property. You agree to, if requested by Waterborne, assign and transfer to Waterborne all rights in and derived from the Submissions that you may have, including, without limitation, all ownership of and rights to use, sell, and commercialize the intellectual property and the right to file applications to register such rights. Waterborne is not under any obligation to (1) maintain any Comments in confidence, (2) pay you any compensation for any Comments, or (3) respond to any user Comments.

By making any Submission to the Site, you agree that such Submission does not violate any third party’s right, including copyright, trademark, privacy, patent, or other personal or proprietary right(s). In addition, to the extent any Submission contains your or any other person’s name, likeness, voice, or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Waterborne a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Rights for any advertising or marketing of Waterborne products in any medium. You agree to indemnify and hold harmless Waterborne and its affiliates and their respective officers, directors, and employees against any losses, liabilities, claims, and expenses (including attorneys’ fees) arising out of your account, your use of this Site, your Submission and any Personal Rights contained therein.

You further agree that your Submission to the Site does not contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submission you submit. You agree that Waterborne may use and/or disclose information in your Submission that is consistent with the terms of the Privacy Policy (link).

Electronic Communications

You consent to receive electronic communications from Waterborne either via email sent to the email address listed on your account or via communications posted on the Site. You acknowledge and agree that any electronic communication in the form of an email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

Your Account

You must establish an account with Waterborne to make purchases through the Site. You are solely responsible for (1) maintaining the security of your account and password, (2) restricting access to your account, and (3) keeping your account email address current. You are solely responsible for all activities, including, without limitation, all purchases of products on the Site and posting of Submissions under your account.

You acknowledge and agree that Waterborne may access, preserve, and disclose your account information, Submissions, communications, and information relative to your use of the Site, and any other information under your account if Waterborne is required to do so by law or legal process or if Waterborne determines, in its sole discretion, that such action is necessary to protect the rights of Waterborne, third parties and other users of the Site or for otherwise responding to your customer service inquiries. Waterborne’s rights herein shall govern over any terms of our Privacy Policy (link).