Terms & Conditions

Welcome

Welcome to the HydroDigital.com website owned and operated by HydroDigital, LLC (“HydroDigital,” “we” or “us”). The HydroDigital.com website, together with the content, software, services, and functionality offered on or through the website, is collectively referred to as the “HydroDigital Property” in these Terms of Access. The HydroDigital Property offers cloud-based water management solutions including digital twin technology, real-time decision support systems (RT-DSS), and analytics to help operators identify, manage, and prevent overflows and flooding through optimal operation of water and sewer networks. We make the HydroDigital Property available to you subject to your agreement to these Terms of Access. The purchase of products and services available through the HydroDigital Property is subject to additional terms and policies. You should review those terms and policies before making a purchase. These Terms of Access (including all documents, policies, conditions, and notices referenced in these Terms of Access) are collectively referred to as this “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation. This Agreement is a legally binding contract between you and HydroDigital. By accessing the HydroDigital Property in any way, including, without limitation, browsing the HydroDigital Property, using any information contained on or in the HydroDigital Property, and/or submitting information to HydroDigital, you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Indiana law. Our collection and use of personal information in connection with your access to and use of the HydroDigital Property, whether or not you are a registered user, is described in our Privacy Policy located at https://hydro-digital.ttdstaging.com/privacy-policy/.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IN SECTION 13 (“DISPUTE RESOLUTION”) THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS IN SECTION 13, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.

1. Updates to the Agreement

From time to time, HydroDigital may update this Agreement. If we materially update any portion of this Agreement, we will notify you by posting a notice on our website before the date the update becomes effective. We will post the updated Agreement in its original location marked with the new date. Changes will not be retroactive and will not apply to any Claim (as defined in Section 13) that accrued prior to the effective date of the change. If you object to any changes, you should not access or use the HydroDigital Property. Your continued access or use of the HydroDigital Property after we publish our changes to this Agreement means that you are consenting to the updated terms.

2. HydroDigital Property

A. Your Right to Use HydroDigital Property

HydroDigital grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the HydroDigital Property solely for legitimate business purposes related to water and wastewater management, and as permitted by the features and functionalities of the HydroDigital Property, subject to this Agreement. Any access or attempt to access other areas of HydroDigital Property or any HydroDigital systems or other information contained on HydroDigital Property or HydroDigital systems for any other purposes is strictly prohibited. You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the HydroDigital Property, or on any materials printed or copied from the HydroDigital Property; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of HydroDigital Property, registering and/or using HydroDigital or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to HydroDigital domains, trademarks, taglines, promotional campaigns or HydroDigital Content.

B. Eligibility

You may use the HydroDigital Property only if you can form a binding contract with HydroDigital, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the HydroDigital Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. Please note that if you are an individual and you access or use the HydroDigital Property on behalf of a company or other entity, such as your employer (together with its affiliates, an “Organization”), then: (a) this Agreement is an agreement between us and you and us and that Organization; (b) you represent and warrant that you have the authority to bind that Organization to this Agreement (and if you do not have that authority, you may not access or use the HydroDigital Property); (c) your acceptance of this Agreement will bind such Organization to this Agreement; (d) your individual right to access and use the HydroDigital Property may be suspended or terminated (and ownership and administration of your account may be transferred) if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (e) we may disclose information regarding you and your use of the HydroDigital Property with such Organization; and (f) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for the HydroDigital Property using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of the HydroDigital Property (or reimburses you for payment of such fees), or otherwise, then, we may deem you to be accessing and using the HydroDigital Property on behalf of that Organization in our sole discretion.

C. Availability of HydroDigital Property

Due to the nature of the Internet and cloud-based water management systems, we cannot guarantee the continuous and uninterrupted availability of any portion of the HydroDigital Property and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the HydroDigital Property or certain areas or features thereof with or without notice. We may from time to time change, discontinue, enhance and modify the HydroDigital Property and introduce new features or functionality from time to time. You agree that you do not have any rights in the HydroDigital Property and that HydroDigital will have no liability to you if the HydroDigital Property is discontinued or your ability to access the HydroDigital Property or any content you may have posted on the HydroDigital Property is terminated. By accessing or linking to the HydroDigital Property, you assume the risk that the information on the HydroDigital Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. HydroDigital may add, change, discontinue, remove, or suspend any of the information, features and other content included in the HydroDigital Property at any time, without notice and without liability. Due to the open nature of the HydroDigital Property, and the potential for errors in the storage and transmission of digital information, HydroDigital does not warrant the accuracy of information contained on or obtained from the HydroDigital Property.

D. Hypertext Links

The HydroDigital Property may be linked to other sites that are not maintained by HydroDigital. HydroDigital is not responsible for the content of, or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by HydroDigital of the linked sites. HydroDigital disclaims any and all liability for links: (i) from another site to the HydroDigital Property, and (ii) to another site from the HydroDigital Property. HydroDigital is not responsible for the information, material, or services of linked third-party websites and does not make any representations regarding their content or accuracy. If you choose to link from the HydroDigital Property or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and HydroDigital’s Privacy Policy do not apply to your use of such sites. In order to link to the HydroDigital Property all users must comply with the HydroDigital Linking Terms.

E. Digital Twin and Analytics Functionality

HydroDigital may, from time to time, make available functionality through the HydroDigital Property that allows you to access digital twin models and analytics for water and wastewater network management (“Digital Twin Services”). We reserve the right to suspend your access to Digital Twin Services or the HydroDigital Property if you breach this Agreement. HydroDigital makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any digital twin models or analytics functionality.

F. Communication and Support functionality

HydroDigital may make available certain messaging features through the HydroDigital Property that allow you to message and communicate with a customer service representative or technical support specialist in real time (the “Communication Service”). When using the Communication Service, you must not: (i) threaten or abuse any customer service representative or technical support specialist through the Communication Service, or abuse or invade another person’s privacy, or cause annoyance, inconvenience or needless anxiety, or do anything through the Communication Service that is likely to harass, upset, embarrass, alarm or annoy any other person; (ii) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property; or (iii) promote or advertise any goods or services or send any unsolicited marketing communications through the Communication Service. Failure to comply with the above paragraph may result in us immediately suspending or terminating your access to the Communication Service and/or the HydroDigital Property; issuing a warning to you; taking legal action against you (including proceedings for reimbursements of all costs, including reasonable administrative and legal costs, that we incur as a result of your breach); disclosing such information to law enforcement authorities as we reasonably believe is necessary; and taking any other steps that we reasonably deem appropriate.

H. Promotions

Any training workshops, webinars, contests, surveys, demos or similar promotions (collectively, “Promotions”) made available through the HydroDigital Property may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms as well as our Privacy Policy. If the rules or terms for a Promotion conflict with this Agreement, the Promotion rules will govern.

3. Use of and Responsibility for Content

A. Third-Party Technology, Websites and Applications

The HydroDigital Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). HydroDigital is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk and on an “as is” basis. Third-party technology may be subject to separate terms and conditions applicable to such technology. To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as HydroDigital may provide to you from time to time. In the event of conflict between third-party terms and this Agreement, this Agreement shall control as between You and us.

4. ACCEPTABLE USE OF THE HYDRODIGITAL PROPERTY

Your permission to use the HydroDigital Property is contingent on your compliance with all applicable law, in addition to the following rules:

A. Harm to Others.

You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the HydroDigital Property or exposes or may expose any users or visitors to the HydroDigital Property to any harm or liability of any sort, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any communication that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights including but not limited to a third-party’s intellectual property rights, violating the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any). HydroDigital does not control, maintain or monitor user interactions.

HydroDigital Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

Investigate an allegation that a communication(s) do(es) not conform to the Terms of Access and determine in HydroDigital’s sole discretion to remove or request the removal of the communication(s). Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement. Terminate a user’s access to HydroDigital.com upon any breach of this Agreement. Monitor, edit, or disclose any communications on HydroDigital Properties. Edit or delete any communication(s) posted on the HydroDigital Properties, regardless of whether such communication(s) violate these standards.

B. Unauthorized Use of HydroDigital Content

You will not download, display, or use any HydroDigital Content: (i) for use in any publications, in public performances, or on websites or applications other than the HydroDigital Property; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of HydroDigital; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits HydroDigital and/or its licensors, or that dilutes the strength of HydroDigital’s or its licensor’s intellectual property, or that otherwise violates, infringes or misappropriates HydroDigital’s or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of HydroDigital Content. Use of the HydroDigital Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Notice and Takedown Procedures; and Copyright Agent

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to the Proprietary Rights Complaint Process and follow the instructions and provide the following information:

Identification of the copyrighted work that you believe to be infringed: Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material and provide the URL or any other pertinent information that will allow HydroDigital to locate the material. Your name, address, telephone number and (if available) e-mail address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. A signature or the electronic equivalent from the copyright holder or authorized representative.

HydroDigital agent for copyright issues relating to this web site is as follows:

HydroDigital, LLC, Attn: Legal Dept. PO Box 1243, South Bend, IN 46624

Email to legal@hydrodigital.com

In an effort to protect the rights of copyright owners, HydroDigital maintains a policy for the termination, in appropriate circumstances, of users who are repeat infringers.

C. Harm to Our Systems, Property and Security

When using the HydroDigital Property, you will not: (i) use any electronic communication feature of the HydroDigital Property for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any HydroDigital Content, HydroDigital Property, or other data, content or materials (including through use of any robot, spider, screen scraping, web harvesting, data, content, extraction, or similar software or technologies). (iii) reproduce or circumvent the navigational structure or presentation of HydroDigital Content or HydroDigital Property; (iv) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (v) collect or store personal information about other users; (vi) use the HydroDigital Property for any commercial transactions that are unrelated to the purposes for which the HydroDigital Property was provided; (vii) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the HydroDigital Property (including through its interactive features) or to users through communication channels outside of the HydroDigital Property, or otherwise contact another user through the HydroDigital Property or unsolicited outside of the HydroDigital Property for any purpose; and (viii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the HydroDigital Property, any feature of the HydroDigital Property, or any computer software or hardware or telecommunications equipment. In addition, you will comply with HydroDigital’s robots.txt file, if any.

5. Ownership

A. Intellectual Property Rights

Content on the HydroDigital Property that is provided by HydroDigital or its licensors, including software, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing (“HydroDigital Content”) and the HydroDigital Property is the property of HydroDigital or its licensors (or, to the extent applicable, their licensors or users), and is protected in the U.S. and internationally under trademark, patent, trade dress, trade secret, copyright, and other intellectual property laws. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any HydroDigital Content.

B. Trademarks

Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the HydroDigital Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. You agree to neither directly or indirectly obtain, nor attempt to obtain, during the term of this Agreement or at any time thereafter, any right, title or interest in or to the Trademarks of HydroDigital or any third-party Trademark and shall not challenge the ownership or validity of such Trademarks, and you hereby expressly waive any right which it may have to do so. You understand any Trademark on HydroDigital Property cannot be used unless HydroDigital, or the Trademark owner, provides a license in writing for use. Any goodwill associated with use of any Trademark of HydroDigital, or the Trademark owner will inure to the benefit of the owner of the Trademarks.

C. Patents

One or more patents and patent applications for patent owned by HydroDigital apply to the HydroDigital Property and to the features and services accessible via the HydroDigital Property, including water management technologies, digital twin systems, and real-time decision support algorithms.

D. Feedback

We welcome and encourage Feedback. You may submit Feedback by emailing us at support@hydrodigital.com or by other means of communication. With respect to your Feedback you acknowledge that: (i) HydroDigital receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Feedback, and that HydroDigital’s review of your Feedback is not an admission of novelty, priority or originality; and (ii) HydroDigital’s use of any ideas similar to your Feedback, whether provided to HydroDigital by third parties, or independently developed or considered by HydroDigital, shall be without obligation to you. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense in any manner the Feedback, and you irrevocably waive, and cause to be waived, against us any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions and the like relating to HydroDigital, the HydroDigital Property or HydroDigital’s initiatives.

6. Termination

HydroDigital may terminate this Agreement at any time, and without notice, if HydroDigital deems that you have violated this Agreement, the law, or for any other reason. The sections of this Agreement entitled “Indemnification,” “Representations and Limitations of Liability,” “Privacy and Security,” “Miscellaneous,” and any other terms which by their nature survive termination (e.g., “Trademarks”) shall survive the termination of this Agreement.

7. Indemnification

You agree to indemnify, defend and hold HydroDigital, its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your use of HydroDigital Properties or the violation of this Agreement.

8. REPRESENTATIONS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS HYDRODIGITAL’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE HYDRODIGITAL PROPERTY, THE HYDRODIGITAL CONTENT, OR ANY OTHER HYDRODIGITAL PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE HYDRODIGITAL PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

HYDRODIGITAL MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE HYDRODIGITAL PROPERTY, THE HYDRODIGITAL CONTENT, OR ANY OTHER HYDRODIGITAL PROPERTY FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. HYDRODIGITAL MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT WILL BE PRESERVED. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY HYDRODIGITAL WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF HYDRODIGITAL. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL WATER MANAGEMENT SOLUTIONS YOU IMPLEMENT THROUGH THE DIGITAL TWIN FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE DIGITAL TWIN FUNCTIONALITY, INCLUDING IF YOU IMPLEMENT ANY WATER MANAGEMENT STRATEGIES FOUND THROUGH THE DIGITAL TWIN FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.

THE HYDRODIGITAL PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE HYDRODIGITAL PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HYDRODIGITAL OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PERSONAL INJURY or WRONGFUL DEATH, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE HYDRODIGITAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER HYDRODIGITAL OR ITS LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL HYDRODIGITAL OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HYDRODIGITAL’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE HYDRODIGITAL PROPERTY’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL HYDRODIGITAL, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE. WITHOUT LIMITING THE ABOVE, IF HYDRODIGITAL IS FOUND TO BE LIABLE FOR ANY DAMAGES OF ANY KIND, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED DOLLARS ($100).

9. Cross Reference Information

Water system components cross-reference comparisons or equipment alternatives that are presented do not imply that all components compared are available or perfectly compatible. YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ASSESSING AND VERIFYING ANY INFORMATION ABOUT CROSS-REFERENCED WATER SYSTEM COMPONENTS AND THAT SUCH COMPONENTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced component specifications or equipment alternative specifications prior to purchase and use to determine suitability of the component for your intended water management application.

10. Privacy and Security

HydroDigital cares about the integrity and security of your personal information. HydroDigital cannot guarantee the security of the site and users provide their personal information at their own risk. On certain areas of the HydroDigital Property, you may be given the ability to provide HydroDigital with personal information. Any personal information you have provided, may provide, or that may be collected by us in connection with your use of the HydroDigital Property will be collected, maintained and used in accordance with this Agreement, our privacy policy located at https://hydro-digital.ttdstaging.com/privacy-policy/ (“Privacy Policy”), any additional terms applicable to an individual product, service or promotion. Please read the Privacy Policy for more information about HydroDigital’s information collection and use practices, which policy applies to information collected on the HydroDigital Property and your use of the HydroDigital Property is subject to that policy.

10. Additional Terms for Web-Based Access

We provide access to the HydroDigital Property via web browsers. To use the HydroDigital Property, you must have a device and web browser that is compatible with the HydroDigital Property. HydroDigital does not warrant that the HydroDigital Property will be compatible with your device or web browser. You may use internet data in connection with the HydroDigital Property and may incur additional charges from your internet service provider for these services. You agree that you are solely responsible for any such charges.

11. Information and Complaints

If you have a question or complaint regarding the HydroDigital Property, please send an e-mail to legal@hydrodigital.com. You may also contact HydroDigital by phone or mail at the contact information provided on the HydroDigital Property. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information, including sensitive personal information or health information, in your e-mail correspondence with HydroDigital.

12. Miscellaneous

Except as otherwise set forth in Section 13, (i) this Agreement will be governed by and construed in accordance with the laws of Indiana without regard to conflicts of laws principles and (ii) by using the HydroDigital Property, you hereby agree that any and all disputes regarding this Agreement will be subject to the courts located in St. Joseph County, Indiana or the federal court for the Northern District of Indiana. This Agreement operates to the fullest extent permissible by law. Accessing materials on the HydroDigital Property by certain persons in certain countries may not be lawful, and HydroDigital makes no representation that materials on the HydroDigital Property are appropriate or available for use in locations outside the United States. If you choose to access the HydroDigital Property from outside the United States, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws.

This Agreement constitutes the entire agreement by and between the Parties, and any other prior representations or agreements are deemed merged herein, and those not specified herein do not represent any agreements or promises or covenants or representations on the part of either party. If HydroDigital fails to act with respect to your breach or anyone else’s breach on any occasion, HydroDigital is not waiving its right to act with respect to future or similar breaches.

Except as otherwise set forth in Section 13, if any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.

13. Dispute Resolution

PLEASE READ THIS SECTION OF THIS AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION.

Mandatory Informal Dispute Resolution. If you or HydroDigital have a Claim (defined below), you and HydroDigital agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a notice to the other party that describes the Claim. The notice must include the initiating party’s name and contact information (address, telephone number, and email address) and a detailed description of (1) the nature and basis of the Claim and (2) the nature and basis of the relief sought, with a detailed calculation. Your notice shall be sent by mail to HydroDigital, LLC, PO Box 1243, South Bend, IN 46624, ATTN: Legal Department. You must personally sign the notice. HydroDigital’s notice to you shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the notice, the other party must personally participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Claim. If the Claim is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of you and us), you or HydroDigital may commence an arbitration proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing a demand for arbitration. The statute of limitations and any filing fee deadlines for a formal arbitration proceeding shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Agreement to Arbitrate. If we are unable to resolve a Claim through the mandatory informal dispute resolution process, you and HydroDigital agree that, except as set forth below, all Claims between you and us will be resolved entirely through the binding individual arbitration process set forth in this Section. For purposes of this Section, “HydroDigital,” “we,” “our,” and “us” include HydroDigital and its employees, officers, directors, parents, agents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors, and assigns.

Claims. “Claims” subject to this Section include all of the following: (1) claims relating to or arising out of this Agreement or any prior or later versions of this Agreement, as well as any changes to the terms of this Agreement; (2) claims relating to or arising out of any aspect of any relationship between you and us; (3) claims relating to or arising out of your access of, use of, or any transactions through, by, or using the HydroDigital Property, including receipt of any advertising, marketing, or other communications from HydroDigital; and (4) claims relating to the interpretation, scope, applicability, or enforceability of this Agreement or this Section except as set forth in the Mandatory Informal Dispute Resolution, the Public Injunctive Relief Waiver, and the Additional Procedures for Mass Arbitration provisions below. Except as provided below, (1) claims are subject to arbitration whether they are based in contract, tort, federal or state statute, constitution, regulation, or any other legal theory, or whether they seek legal or equitable remedies; (2) all claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the future; and (3) claims include claims or disputes that arose before the parties entered into this Agreement or after termination of this Agreement.

Claims Not Covered By Arbitration. Claims filed by you or by us in a small claims court are not subject to arbitration, so long as the dispute remains in such court and advances only an individual claim for relief. Claims filed by you or us in court to enjoin infringement or other misuse of intellectual property rights are also not subject to arbitration. The “Class and Representative Action Waiver” and “Public Injunctive Relief Waiver” provisions set forth additional claims not subject to arbitration.

Commencing an Arbitration. Except as set forth in the Additional Procedures for Mass Arbitration provision, unless the parties agree to select a different arbitration administrator, the arbitration shall be administered by the American Arbitration Association (“AAA”) as follows: under AAA’s Commercial Rules for commercial disputes and under AAA’s Consumer Arbitration Rules for consumers with non-commercial disputes, except as modified by this Section. AAA’s rules may be obtained from www.adr.org or 1-800-778-7879 (toll-free). If AAA is for any reason unable to serve and the parties are unable to agree on an alternative arbitration administrator, then a court of competent jurisdiction shall appoint an arbitration administrator. To commence an arbitration proceeding, you or HydroDigital must send a personally signed demand for arbitration that describes (1) the nature and basis of the Claim(s), and (2) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Section and completed the informal dispute resolution process referenced above. Your notice shall be sent to: HydroDigital, LLC, PO Box 1243, South Bend, IN 46624 46601, ATTN: Legal Department. HydroDigital’s notice shall be sent to the most recent contact information we have on file for you. You or HydroDigital must also contact AAA or chosen arbitration administrator and follow its appropriate procedures to commence the arbitration.

Arbitration Procedure. Unless you and we agree otherwise in writing, the arbitration shall be decided by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years of experience, selected in accordance with the chosen arbitration administrator’s rules. The arbitrator will decide the Claim or Claims in accordance with the terms of this Agreement and applicable substantive law, including the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), and applicable statutes of limitation. The arbitrator shall honor claims of privilege recognized at law. Except as provided in the “Public Injunctive Relief Waiver” provision below, the arbitrator may award damages or other relief (including injunctive relief) available to the individual claimant under applicable law. The arbitrator will take reasonable steps to protect proprietary or confidential information. Any arbitration hearing shall take place in the county in which you reside, unless the parties agree in writing to a different location or the arbitrator so orders. If all Claims are for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in accordance with the arbitration administrator’s rules. You and a HydroDigital representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator. At your or our request, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and binding except that any party may appeal any award relating to a Claim for more than $100,000 or for injunctive relief to a three-arbitrator panel appointed by the arbitration administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding. In either event, you or we may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction.

Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules as set forth above or, if a different arbitration administrator is selected, its rules. If you are a consumer with a non-commercial dispute, we will pay any filing, administration, or arbitrator fees the arbitration administrator requires you to pay if, in a writing signed by you: (1) you claim to be unable to afford it; and (2) you demonstrate that you sought, but were unable to obtain, a waiver of that fee from the arbitration administrator. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.

Jury Waiver and Limitation of Rights. You and we agree that, by agreeing to arbitrate any Claims, the parties are each waiving the right to a trial by jury or a trial before a judge in court (except for matters that may be taken to a court pursuant to this Section). You and we acknowledge that arbitration will limit our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal.

Class Action and Representative Action Waiver. You and we agree that each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless mutually agreed to by you and us, the claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding. This provision does not apply to requests for public injunctive relief, which are addressed in the Public Injunctive Relief Waiver provision below.

Public Injunctive Relief Waiver. Neither you nor we will have the right to seek public injunctive relief as a remedy for any Claim against one another (a “Public Injunctive Relief Request”) in arbitration, if such a waiver is permitted by the FAA. If such a waiver is deemed unenforceable, you and we agree that the Public Injunctive Relief Request shall be severed from any other Claims and/or remedies you have. The Public Injunctive Relief Request must be adjudicated by a court after all your other Claims to be decided in arbitration under this Section are resolved in arbitration. The validity, enforceability, and effect of this provision shall be determined exclusively by a court, and not by any arbitration administrator or arbitrator.

Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims of consumers with non-commercial disputes are asserted against HydroDigital by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for HydroDigital shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the initial bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings, the parties shall participate in a global mediation session before a retired judge, and HydroDigital shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this staged process. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired judge, and HydroDigital shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, HydroDigital agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator unless the parties agree otherwise. The statute of limitations and any filing fee deadlines shall be tolled for Claims subject to this provision from the time the first cases are selected for the initial bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have the authority to enforce this paragraph by enjoining the mass filing or prosecution of arbitration demands against HydroDigital. Should a court of competent jurisdiction decline to enjoin this provision, you and we agree that your and our counsel shall engage in good faith discussions with the assistance of an arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Governing Law. Notwithstanding any other section in this Agreement to the contrary, you and we agree that you and we are participating in transactions that involve interstate commerce and that this Section and any resulting arbitration are governed by the FAA. Notwithstanding any section in this Agreement to the contrary, to the extent state law applies, the laws of Indiana without regard to conflicts of law principles shall apply. No state statute pertaining to arbitration shall apply.

Severability. Notwithstanding any section in this Agreement to the contrary, if any provision of this Section, except for the Class Action and Representative Action Waiver provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Section. However, if the Class Action and Representative Action Waiver provision is deemed invalid or unenforceable in whole or in part, then this entire Section shall be deemed invalid and unenforceable.