Terms & Conditions

Terms of Use & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR APPLICATION. By using this Website (the “Site”) or mobile application (the “App”) (collectively the “Services”), and shopping in our physical location at 1011 E 6th St, Austin Texas, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the Services. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Services following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS
The Services are owned and operated by Waterman Supply Co LLC, its subsidiaries, or its affiliates (referred to as Waterman Supply Co, Waterman’s, WSC “we,” “us,” or “our” herein). Except as otherwise permitted by these Terms of Use, no material from the Services or any Site or App owned, operated, licensed or controlled by Waterman Supply Co may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from Waterman Supply Co, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website or App is permitted without the prior written consent of Waterman Supply Co. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

ACCOUNTS
You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. Waterman Supply Co shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Waterman Supply Co for losses incurred by Waterman Supply Co or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

 USE OF SERVICES
Impersonation of others, including a Waterman Supply Co employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Waterman Supply Co, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Waterman Supply Co.

ACTIVITIES PROHIBITED ON THE SERVICES
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Services. Waterman Supply Co reserves the right to investigate and take appropriate legal action against anyone who, in Waterman’s sole discretion, engages in any of the prohibited activities.

Prohibited activities include, but are not limited to, the following:

  • Using the Services for any purpose in violation of local, state, or federal laws or regulations;
  • Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting Content on any of our services including Social Media sites such as Instagram, Twitter, etc that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Waterman Supply Co in its sole discretion or pursuant to local community standards;
  • Posting Content that constitutes cyber-bullying, as determined by Waterman Supply Co in its sole discretion;
  • Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
  • Posting telephone numbers, street addresses, or last names of any person;
  • Posting URLs to external websites or any form of HTML or programming code;
  • Posting anything that may be “spam,” as determined by Waterman Supply Co in its sole discretion;
  • Impersonating another person when posting Content;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Harassing, threatening, stalking, or abusing any person;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole discretion of Waterman Supply Co, exposes Waterman  or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
  • Encouraging other people to engage in any prohibited activities as described herein.

        Waterman Supply Co reserves the right, but is not obligated, to do any or all of the following:

  • Investigate an allegation that any Content posted on the Services does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
  • Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
  • Terminate a user’s access to the Services upon any breach of these Terms of Use;
  • Monitor, edit, or disclose any Content on the Services; and
  • Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards.
  • Change prices of any item at any time for any reason without any explanation.

 INTELLECTUAL PROPERTY
All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Waterman Supply Co or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. Waterman Supply Co retains all trademark and  rights to its property, logos, art, content and all other items and images on this site. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Waterman Supply CO enforces its intellectual property rights to the fullest extent of the law.

SUBMISSIONS TO Waterman Supply Co.
No submissions accepted.

WARRANTY DISCLAIMER
The Services and the materials, Widgets and products on the Services are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Waterman Supply Co disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.  Waterman Supply Co does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Waterman Supply Co does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Waterman Supply Co) assume the entire cost of all necessary servicing, repair or correction.

LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Waterman Supply Co be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the Widgets or products, even if Waterman Supply Co or authorized representatives of Waterman Supply Co have been advised of the possibility of such damages. In no event shall Waterman’s total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.

INDEMNIFICATION
As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Waterman Supply Co, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

PRODUCT ORDERS and SHOPPING INSTORE
All orders placed through the Services are subject to Waterman’s acceptance. Waterman’s may refuse to accept or may cancel any order or sale, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. We reserve the right to make any and all changes to orders, product pricing, and in store sales and services.  We reserve the right to charge prices of products at our discretion without liability or responsibility.

TYPOGRAPHICAL ERRORS
In the event that a product sold is mistakenly listed at an incorrect price, Waterman’s reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged.

PRIVACY AND SECURITY STATEMENT
Waterman’s will not disclose your information to any parties nor store it nor sell it to anyone.  We us encryption technology by SSL (Secure Socket Layer), to safeguard your Internet transactions.  You will not be able to use ‘secure mode’ if you have an older version of an Internet browser that does not support secure transactions, or if your computer is located on a local area network (LAN) that uses a firewall that prohibits secure transactions. If ‘secure mode’ is not possible, please select one of our off-line options to place your order.

OTHER
This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.

YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST WATERMAN’S. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT WATERMAN’S AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.

Waiver and Severability. No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms and our Privacy Policy and Additional Terms constitute the sole and entire agreement between you and WATERMAN’S with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Termination. You or WATERMAN’S may suspend or terminate your account or your use/access of a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. WATERMAN’S reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.

We reserve the right to change prices of any item at any time.  We also reserve the right to change shipping prices and policies on any item and at any time. We reserve the right to charge prices of items at our discretion without liability.  We claim no responsibility or liability for a customer’s purchasing decision.  It is the customer’s sole decision to purchase an item.

By agreeing to our Terms and Conditions upon checkout and purchase of your item or items, you also agree to our Return Policy and Order terms.  Please be sure about your purchase before agreeing to our Terms and Conditions and Return Policy and Order Terms.

Copyright © 2017 Waterman Supply Co LLC. All rights reserved.