By entering your billing information and accepting this Service Agreement and Terms of Use and the associated Privacy Policy (collectively, this “Agreement”), you confirm that you have read and understand this Agreement and agree to be bound by its terms. This Agreement is entered into between you (together with any other person utilizing our Service through you, “User”, “you”, and “your”) and Safe Water Devices, LLC, a Georgia limited liability company (“SWD”, “we”, “us”, and “our”). This Agreement will be effective as of the date you enter your billing information and click “accept” indicating your acceptance of this Agreement (the “Effective Date”). You hereby agree and acknowledge:
1. The Service. “Service” means access and use of SWD’s proprietary service which consist of use of the SWD hardware and mobile applications, any updates thereto, and any associated service. SWD helps our customers, through our hardware, mobile applications, and associated services, to monitor docks, watercraft, water conditions, and related marine data to protect themselves and their property, and to get better use out of their docks and watercraft. Among other things, the Service helps monitor the water around the dock for unsafe levels of electricity. The Service also offers alerts, based on the User’s settings, to alert the User of certain conditions so the User can address the issue (for example, disconnect electricity when alerted of unsafe levels in the water).
2. Term and Termination. This Agreement will begin on the Effective Date and will continue until terminated by either party as provided for herein. You may terminate this Agreement by calling us at 1-678-735-8065 or emailing support@safewater360.com. Termination of the Service will be effective and billing will end on the last day of the month following the month in which notice of termination is received by SWD. SWD may terminate or suspend your access to the Service if you fail to make a payment when due or breach any of the terms or conditions of this Agreement or separate agreements between you and SWD, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
3. Terms and Conditions to Use of Service. Access to the Service is conditioned upon your agreement to abide by this Agreement, as it is amended from time to time. We will notify you of any amendments to this Agreement, and if you do not agree to continued use of Service pursuant to the amended terms, you may terminate this Agreement.
4. Privacy. SWD respects the privacy of our Users’ information and will follow the terms of our Privacy Policy, as it may be modified from time to time. This includes:
Use of Mobile Numbers for SMS Notifications: SWD uses mobile numbers to send critical safety alerts related to hazardous electricity levels. These alerts are not used for marketing or promotional purposes.
Opt-In Process: By accessing and using the Service, you agree to receive SMS alerts as part of the Service. Consent is obtained during account setup or registration.
Message Frequency and Opt-Out: Messages are sent only as safety-related incidents occur. Users can opt out at any time by replying “STOP” to any message.
5. License. SWD hereby grants to you, during the term of this Agreement, a non–exclusive license to use and access the Service selected by you and paid for by you in accordance with the terms of this Agreement.
6. Financial Terms. In exchange for the use and access to the Service, you agree to pay SWD the associated fees for the selected Service as set forth in the initial sign-on screen, as they may be adjusted from time to time. If you fail to pay any charges when due, SWD may charge interest at the lesser of 1.5% per month or the maximum amount permitted by law on any outstanding balance. You will provide SWD with accurate and complete billing and personal identification and notification information. You agree to update such information as needed to maintain its accuracy. You authorize SWD to automatically process payment against such billing information for all fees due, and such authorization is to remain in full force and effect until the termination of this Agreement. You acknowledge and agree that any bank account, credit card, or other billing payment information you provide SWD will be used with our payment processors and/or credit agencies solely for the purposes of effecting payment to SWD and servicing your account. You, not SWD, will be solely responsible for any additional charges or expenses (e.g., overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by SWD.
“Taxes” means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to federal, state or local sales, VAT, GST, use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. All prices, fees and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement, shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, SWD receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. If you are a tax-exempt entity or claim exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement and, after receipt of valid evidence of exemption, SWD shall not charge you any Taxes from which it is exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any VAT, GST or other consumption taxes (collectively, “VAT”) chargeable and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition thereto. You shall communicate to SWD your VAT identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Service under this Agreement are provided. SWD shall consider the Service under this Agreement to be for your business use and provided to your location(s) in accordance with the provided VAT identification number(s). You shall comply with all applicable tax laws and regulations, and you shall provide SWD all necessary assistance to facilitate the recovery or refund of any VAT paid by SWD in relation to the Service to the respective government or authority. You hereby agree to indemnify SWD for any Taxes and related costs paid or payable by SWD attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse SWD for all costs and damages related to any liability incurred by SWD as a result of your non-compliance or delay with its responsibilities herein. Your obligation under this section shall survive the termination or expiration of this Agreement.
7. Your Representations, Warranties and Responsibilities.
As a condition of your use of the Service, you warrant to SWD that you are at least 18 years of age and legally competent to agree to this Agreement and to form a binding contract and that you will only use the Service for legitimate, lawful purposes for you or for another person for whom you are legally authorized to act. If you have an SWD account, you agree to safeguard your account information, keep it confidential, and to supervise and be completely responsible for any use of your account by anyone other than you.
As a condition to using some aspects of the Service, you may be required to register with SWD and set a password and username or User ID. You shall provide SWD with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. SWD reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You warrant that you have all authorizations, consents, releases, and permissions necessary or desirable to provide Your Content (as defined below) and the Collected Content (as defined below) for use as part of the Service, to use the Service to process and store Your Content and the Collected Content, and to receive the Service.You warrant that you will not submit Your Content, or use the Service in any way that: (i) infringes, misappropriates, or violates any trademark, copyright, patent, trade secret, terms of use, publicity, privacy or other right of any third party or violates any applicable local, state or federal laws, statutes, ordinances, rules or regulations or any judicial or administrative orders; (ii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iii) impersonates any person or entity, including without limitation any employee or representative of SWD, (iv) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program, or (v) transmits any private information of yourself or others.SWD reserves the right to remove any content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if SWD is concerned that you may have breached the immediately preceding sentence), or for no reason at all. SWD shall not be liable for the accuracy, completeness, or authenticity of the Collected Content, and shall have no obligation or responsibility to audit, check or verify it.
You warrant that you will be solely responsible for your use of the Service, your interpretation of the data provided or represented through the Service, and any actions you elect to take, or not take, in response to the data provided or represented through the Service, and for any service that you provide to others involving the use of the Service.SWD makes no representations concerning the completeness or accuracy of the Collected Content, the completeness or accuracy of the integration of the Collected Content into the Service, or the completeness, accuracy, or utility of any data, charts, graphs, exports or other products of the Service.
Use of the Service only extends to the uses expressly described herein. The Content and information on the Service as well as the infrastructure used to provide such Content and information, is proprietary to SWD. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or service obtained from or through the Service. Additionally, you agree not to: (i) use the Service or its contents for any purpose other than personal use; (ii) interfere or attempt to interfere with the proper working of the Service, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service; (iii) circumvent, disable, or interfere or attempt to circumvent, disable, or interfere with security-related features of the Service, or features that prevent or restrict use, access to, or copying of any data or enforce limitations on use of the Service; (iv) copy the Service or any knowledge base, tour or tip functionality, or on-line help files or written instruction manuals provided by SWD regarding the use of the Service (“User Materials”) or distribute copies of the Service or User Materials to any third party; (v) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Service or User Materials except as otherwise permitted by law; (vi) rent, loan, sub-license, lease, distribute or attempt to grant any rights to the Service to third parties; (vii) permit access to the Service or User Materialsto any third party; (viii) make, or use the Service for any speculative, false, or fraudulent activity; (ix) access, monitor, reproduce, upload, republish, distribute, transmit, display, translate, localize, port, modify, create derivative works or copy any Content or information of the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (x) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (xi) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers; (xii) “frame”, “mirror” or otherwise incorporate any part of the Service into any other website without our prior written authorization; (xiii) use the Service to cause nuisance, annoyance or inconvenience; (xiv) impair the proper operation of the Service’s network; (xv) try to harm the Service in any way whatsoever; or (xvi) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Service in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the Service in any service bureau arrangement; and (xvii) you will not permit any third party to engage in any of the acts described in clauses (i) through (xvi).
You acknowledge that all SWD Content and Collected Content (together, “Content”) accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will SWD be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports or alerts generated by the Service, or any loss or damage of any kind incurred in connection with reliance on, or other use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Service. You, not SWD, remain solely responsible for your use of the Content and all actions taken or not taken based on such Content.
8. Our Representations, Warranties and Responsibilities.
The Service may be temporarily unavailable from time to time due to required maintenance, telecommunication interruptions or failures, data hosting interruptions, or other disruptions.SWD will use commercially reasonable efforts to perform scheduled maintenance outside of regular business hours and maintain continual accessibility to the Service.SWD may also make improvements and/or changes in the Service at any time without notice.SWD will not be responsible for any damages that User may suffer arising out of use, or inability to use, the Service.SWD will not be liable for damages resulting from acts of third parties, including unauthorized access to or alteration, theft or destruction of User’s data files, programs, procedures or information.User hereby holds harmless SWD from any damages occasioned by interruption of the Service due to required maintenance, telecommunication interruptions or failures, data hosting interruptions, or other disruptions resulting through no fault of SWD.
SWD provides the following Limited Warranty to you as the User of the Service.
What is covered under the Limited Warranty? SWD warrants to you that the SWD hardware products will be free from defects in materials and workmanship under normal use for a period of three (3) years from the date of your purchase of the SWD hardware products. This Limited Warranty is not transferable, except upon the express written consent of SWD which consent will not be granted until the assignee agrees to this Agreement. To make a claim under the Limited Warranty, you must promptly provide written notice of the claim, at your expense, to SWD, LLC at 100 North Point Center East, Suite 226, Alpharetta, GA 30022. Notice of the claim must include: (1) proof of purchase; (2) description of the defect in materials or workmanship; and (3) the SWD hardware product which is the subject of the claim. To be valid and processed, any such claim must be received by SWD no later than thirty (30) days after the expiration of the three (3) year Limited Warranty period. If SWD determines the SWD hardware product suffers from a defect in materials or workmanship which is not otherwise excluded hereunder, SWD will either repair such defect or replace the defective part or product, in its sole discretion, and return the SWD hardware product free of charge.
What is excluded under the Limited Warranty? The following damages are explicitly excluded under the Limited Warranty: (1) cosmetic damages which do not affect the function of the product; (2) normal wear and tear; (3) damages resulting from misuse, mishandling, modifications, improper maintenance, or failure to follow product instructions; (4) damages resulting from improper installation, or operation or storage beyond stated environmental and/or electrical specifications; and (5) damages caused by disaster such as fire, flood, wind, and lightning.
For more information about the Limited Warranty, contact SWD at +1 678-735-8065 or support@safewater360.com.
THE LIMITED WARRANTY STATED ABOVE IS THE EXCLUSIVE REMEDY FOR ANY CLAIM FOR DAMAGES TO OR ARISING FROM THE USE OF THE SERVICE. THE SERVICE, CONTENT, MOBILE APPLICATION, HARDWARE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. SWD THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR THE SELECTION OF THE SERVICE TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR ITS USE OF THE RESULTS OBTAINED FROM THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, IN WHICH CASE THE IMPLIED WARRANTIES WILL BE RESTRICTED TO THE SHORTEST TIME PERIOD ALLOWED BY LAW.
9. Indemnity. You will indemnify and hold SWD, its officers, members, agents, employees, affiliates, subsidiaries, assigns and successors in interest (“SWD Indemnitees”) harmless from, defend SWD Indemnitees against, pay any final judgments awarded against SWD Indemnitees, and pay all of SWD Indemnitees’s reasonable costs and attorneys’ fees resulting from any claims, liabilities, losses, suits, and damages asserted by you or any third party based on (i) your improper or misuse of the Service (including without limitation, in violation of applicable laws, rules or regulations or this Agreement); (ii) SWD’s compliance with User’s instructions; (iii) SWD’s use of trademarks, Collected Content, or other materials supplied by you; (iv) errors or omissions in Content, (iv) failure of the Service to alert User; (v) your negligence in installing the Service; (vi) your negligence in using the Content, including but not limited to the User’s action or failure to act upon receipt of an alert from the Service; or (vii) any interruption in Service, regardless of the cause.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL SWD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THE SWD PRODUCTS OR SERVICE. THE TOTAL LIABILITY, IF ANY, OF SWD (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS LICENSORS, AND THE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS AND AGENTS THEREOF) IN THE AGGREGATE FOR ALL CLAIMS, CAUSES OF ACTION OR LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE IN ANY WAY RELATED TO THE SWD PRODUCTS OR SERVICE, SHALL BE LIMITED TO THE LESSER OF: (A) DIRECT DAMAGES, ACTUALLY INCURRED, OR (B) THE TOTAL AMOUNT paid to SWD BY YOU DURING THE TWELVE MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM for the Service it provideD to you under thIS AGREEMENT. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Service within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
In the end, however, SWD is only an information provider which provides the User with an additional layer of protection. It is up to you to take action based on the information provided. For example, if SWD detects the presence of certain levels of electricity in the water, it is up to you to take appropriate action to remedy the situation. SWD cannot act for you; it can alert you that action is needed. For this reason, you agree that SWD will not be liable for any damages suffered by you or your invitees due to your failure to take remedial action in response to an alert.
Moreover, SWD’s ability to provide you information is dependent on some things outside of its control. For example, alerts can only be delivered if all the necessary telecommunication service are working and your mobile device settings are properly enabled. For this reason, you agree that SWD will not be liable for any damages suffered by you, or your invitees, due to failures beyond SWD’s control.
Even the best technology cannot take the place of common sense. When using SWD, do not ignore apparent dangers or fail to use common sense. SWD cannot guarantee the safety of anyone or anything, but it can assist you in making good decisions by providing information relative to electricity in the water. The Service does not inform a user that water is safe, it merely informs a user whether potentially unsafe levels of electricity are detected in it.
The Service may contain links to third party websites or services (each a “Third Party Service”) that are not owned or controlled by SWD. When you access or engage a Third Party Service, you do so at your own risk. SWD is not responsible for investigating or vetting such third parties, or for any damages that may result from the use of such Third Party Service. You hereby waive and hold harmless SWD from any and all claims against SWD related to your use of a Third Party Service.
11. Intellectual Property Matters.
SWD is and will remain the exclusive owner of all right, title and interest in and to the Service, updates, User Materials, and all other SWD work product and/or other materials provided or accessible to you in connection with this Agreement, including all intellectual property rights therein. You acknowledge and agree that SWD and/or its licensors own all right, title and interest in and to the Service and the SWD Content and Collected Content, as defined herein, (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.
The Service, and all text, images, marks, logos and other content contained herein, including, without limitation, the “look and feel” of the Service (e.g., text, graphics, images, logos and compilation of the same), and all designs, text, graphics, pictures, information, data, software, other files, and the selection and arrangement thereof (collectively, the “SWD Content”) is the proprietary property of SWD or its licensors and is protected by U.S. and international intellectual property, copyright, trademark and other laws. All contents of the Service are: © 2024 SWD. All rights reserved.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any SWD Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any SWD Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may not modify or otherwise make derivative uses of the Service or any portion thereof. You may not reproduce, prepare derivative works from, distribute or display the Service or any site content (except for page caching), except as provided herein. Except as expressly permitted herein, any use of any portion of the SWD website or site content without the prior written permission of SWD is strictly prohibited. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You may download or copy the SWD Content (and other items displayed on the Service for download) for personal use only (unless provided for otherwise in supplemental terms), provided that you maintain all copyright and other notices contained in such SWD Content. You shall not store any significant portion of any SWD Content in any form. Copying or storing of any SWD Content other than personal use is expressly prohibited without prior written permission from SWD or from the copyright holder identified in such SWD Content’s copyright notice. If you link to the Website, SWD may revoke your right to so link at any time, at SWD’s sole discretion.
SWD is not responsible for content on websites or applications operated by parties other than SWD. SWD and the SWD logo and all other product or service names or slogans displayed on the Service are registered and/or common law trademarks of SWD and/or its distributors or licensors. Reference to any products, Service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by SWD.
In using the Service, you will provide to SWD your personal information and your billing information, which will be referred to herein as “Your Content”. Your Content specifically does not include all visual images and videos, audio, and GPS locations recorded during the course of your use of the Service, which will be referred to herein as “Collected Content”. You hereby agree that SWD is the owner of the Collected Content, and as owner of the Collected Content, SWD has complete ownership and control of the Collected Content, including but not limited to, the right to use, store, copy, sell, distribute, modify, reformat, translate, and create derivative works of the Collected Content (including all related intellectual property rights) in connection with SWD’s provision of the Service, and to display the Collected Content in the Service and to any authorized third party who accesses the Collected Content via the Service. SWD hereby grants to you, during the term of this Agreement, a non-exclusive license to use and access the Collected Content in accordance with the terms of this Agreement. For clarity, you will remain the sole owner at all times of Your Content.
If you believe that materials hosted by us infringe your copyright or those of someone else, please contact us at support@safewater360.com.
“Confidential Information” means: (i) information of or relating to SWD or its affiliates, subsidiaries, vendors, suppliers, officers, directors, managers, agents, service providers or licensors, that is competitively sensitive material not generally known to the public, including without limitation, information that relates to past, present or future research and development, trade secrets, products and services, pricing, marketing, financial matters, or business affairs (including without limitation, policies, procedures, plans, methods of operation, specifications, manuals, programs, documentation, guidelines, procedures, forms, and report formats), systems, networks, computer equipment and software proprietary to or licensed by a party, including without limitation, object or source code, custom software modifications, software documentation and training aids, and all data, code, techniques, algorithms, methods, logic, architecture, and designs embodied or incorporated therein; (ii) Your Content; and (iii) the terms and content of this Agreement, including without limitation, pricing. Neither party shall disclose, modify, or use Confidential Information except for the purpose of this Agreement, and User shall not disclose the pricing terms of this Agreement to any person other than accountants and other professional advisors except as required by law. You and SWD acknowledge that the breach of the above covenant will result in irreparable injury to the harmed party and that its remedy at law for such breach will be inadequate. Accordingly, you and SWD agree and consent that the harmed party, in addition to all other remedies available at law and in equity, shall be entitled to both temporary and permanent injunctions to prevent and/or halt a breach or threatened breach. Any requirements for a bond in connection with any such injunctive or other equitable relief are hereby waived by both parties.
To the extent that SWD receives from you any suggestions, ideas, improvements, modifications, feedback, error identifications or other information related to the Service, or any other products or Service (“Feedback”), SWD is the owner of such Feedback and may use, disclose and exploit it without restriction, including to improve the Service and to develop, market, offer, sell and provide other products and Service.
12. Governing Law, Forum Selection, Attorneys Fees, and JURY TRIAL WAIVER. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Georgia, without regard to the principles of conflicts of laws. The County and District Courts in and for Fulton County, Georgia shall have exclusive jurisdiction and be the exclusive venue for any dispute arising out of this Agreement or the course of conduct between the parties. The parties hereby submit to the personal jurisdiction of these courts. If any legal proceeding is commenced to interpret or enforce this Agreement, the prevailing party therein shall be entitled to an award of reasonable attorneys’ fees and costs, including the fees and costs expended in determining entitlement to and the amount of such fees and costs. BY ENTERING INTO THE SERVICE AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THE SERVICE AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
13. Miscellaneous.
Each party shall be and act as an independent contractor and not as partner, joint venture, or agent of the other.
You shall not assign this Agreement in whole or part without the prior written consent of SWD. This Agreement and the rights, obligations and licenses herein, shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors, permitted assigns, and personal representatives. Any assignment, transfer or delegation in contradiction of this provision will be null and void.
SWD may freely subcontract its duties and obligations under this Agreement. If SWD subcontracts any of its duties and obligations, SWD agrees that: (i) the third party shall execute a confidentiality agreement consistent with the terms of this Agreement and (ii) any such permitted subcontracting shall not release SWD from any of its obligations under this Agreement.
Any waiver by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) and any separate agreement between you and SWD, constitutes the entire agreement between you and SWD with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you the User and SWD with respect to the Service.
Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by, such party or its officers, directors, employees, agents or contractors.
You may contact us regarding the Service or this Agreement at: support@safewater360.com.
This Agreement Last Updated: December 1, 2024
