1) Please Read These Terms Carefully Before Using This Site.
2) This website and its subdomains including but not limited to https://www.marswater.com, https://support.marswater.com, and https://connect.marswater.com (hereinafter collectively referred to as “Websites”) are owned and operated by OW Investors, LLC DBA MARS Company (“MARS”) and may be used for informational purposes only. By using the Websites or downloading materials from the Websites, you agree to abide by the terms and conditions set forth in this Notice. If you do not agree to abide by these terms and conditions do not use the Websites or download materials from the Websites.
a) Subject to the terms and conditions set forth in this Notice, MARS grants you a non-exclusive, nontransferable, limited right to access, use and display the Websites and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Websites, deface or attempt to deface the Websites, or otherwise alter or attempt to alter the content of the Websites in any way.
b) MARS authorizes you to view and download the information (Materials) from the Websites only for your personal, non-commercial use, unless explicitly authorized by MARS. This authorization is not a transfer of title in the Materials and is subject to the following restrictions:
i) You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials.
ii) You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
iii) You must not transfer the Materials to any other person unless you give them Notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
iv) You agree to abide by all additional restrictions displayed on the Websites as it may be updated from time to time.
v) The Websites, including all Materials, are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Websites and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, MARS does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
a) INFORMATION ON THE WEBSITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
c) Information on the Websites may contain technical inaccuracies or typographical errors. Information may be changed or updated without Notice. MARS may also make improvements and/or changes in the products and/or the programs described in this information at any time without Notice.
d) Any comments or materials sent to MARS including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively, Feedback), shall be deemed to be non-confidential. MARS shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, MARS shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
e) Information MARS publishes on the Websites may contain references or cross references to MARS products, programs and services that are not announced or available in your territory or country. Such references do not imply that MARS intends to announce such products, programs or services in your territory or country. Consult your MARS sales contact for information regarding the products, programs and services that may be available to you.
f) As a convenience to you, MARS may provide, on the Websites, links to Web sites operated by other entities. If you use these Sites, you will leave the Websites. If you decide to visit any linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. MARS makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that MARS or the Websites sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of MARS or any of its affiliates or subsidiaries.
5) Copyright: All content, materials and programs included on or associated with the Websites, including the code, text, graphics and logos, are the exclusive property of MARS unless explicitly stated otherwise. In addition, the overall look and feel and the compilation of all materials and content on the Websites are the exclusive property of MARS.
a) The trademarks, service marks and logos (Trademarks) used and displayed on the Websites are registered and unregistered Trademarks of MARS and others. Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Websites, without the prior written permission of the Trademark owner. MARS aggressively enforces its intellectual property rights to the fullest extent of the law. The name of MARS, MARS logo or the other MARS formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without prior, written permission from MARS.
b) MARS prohibits use of MARS logo as part of a link to or from any Site unless MARS approves establishment of such a link in advance in writing. Fair use of MARS’ Trademarks requires proper acknowledgment. Other product and company names mentioned in the Websites may be the Trademarks of their respective owners.
8) Prohibited User Conduct
b) You agree not to use the Websites or any Services or Materials in any manner that violates any laws or infringes or misappropriates the intellectual property of, or interferes with the rights of, third parties. You may not take any action that imposes, or may impose in MARS’ sole discretion, an unreasonable or disproportionately large load on the Websites’ infrastructure or interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites, or bypass any robot exclusion headers or other measures MARS may use to prevent or restrict access to the Websites.
c) The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, reviews, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others including without limitation engaging in activity that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, ethnicity, gender, sexual orientation, physical ability, age, religion or nationality or that insults the victims of crimes against humanity by contesting the existence of those crimes.
ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, material, or information.
iii) Upload, display, or otherwise make available files that contain images, photos, software, or other material that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.
iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
v) Use any material or information, including images, software, designs, photographs, or other material which is made available through the Websites in any manner that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.
vi) Advertise or offer to sell or buy any goods or services for any business purpose, unless MARS specifically allows such messages.
vii) Conduct or forward surveys, contests, pyramid schemes or chain letters.
viii) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
ix) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
x) Restrict or inhibit any other user from using and enjoying the Communication Services.
xi) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
xii) Harvest or otherwise collect information about others, including e-mail addresses, without consent from MARS and them.
xiii) Violate any applicable laws or regulations.
xiv) Create a false identity for the purpose of misleading others.
9) External Links to the Site: All links to the Websites must be approved in writing by MARS, except that MARS consents to links in which:
a) The link is a text-only link containing only the name "MARS Company",
b) The link "points" only to https://www.marswater.com and not to deeper pages,
c) The link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website, and
d) The appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by MARS nor be such as to damage or dilute the goodwill associated with the name and trademarks of MARS or its affiliates. MARS reserves the right to revoke this consent to link at any time in its sole discretion.
10) Forward-Looking Statements: You should not place undue reliance on forward-looking statements, since such statements speak only as of the date they are made. Certain statements contained in the Websites may constitute "forward-looking statements" within the meaning of the federal securities laws. Words or phrases such as "should result," "are expected to," "MARS anticipates," "MARS estimate," "MARS project" or similar expressions are intended to identify forward-looking statements. These statements are subject to certain risks and uncertainties that could cause actual results to differ materially from MARS’ historical experience and its present expectations or projections. These risks and uncertainties include, but are not limited to:
a) conditions affecting the availability, acquisition, development and ownership of real estate;
b) unanticipated weather conditions;
c) stability of costs and availability of sourcing channels;
d) MARS’ ability to attract, train and retain highly-qualified associates;
e) general economic conditions;
f) the impact of competition; and
g) regulatory and litigation matters.
11) Employment: MARS is an equal opportunity employer. MARS provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, orientation, national origin, age, veteran status or disability.
12) Google Custom Search Engine: To provide a consistent customer experience across MARS Services and Websites, MARS utilizes Google Custom Search Engine (“Google CSE”) to provide search functionality across the Websites and different file formats. Google CSE results will have advertisements for MARS and non-MARS products and is beyond MARS’ control. MARS makes no warranty or representation regarding, and does not endorse, any linked or advertised Web sites, products, or the information appearing thereon or any of the products or services described thereon. Advertising links that appear within the Google CSE Search Results do not imply that MARS or the Websites sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of MARS or any of its affiliates or subsidiaries.
13) International Users and Choice of Law
a) The Websites are controlled, operated and administered by MARS from its offices within the United States of America. MARS makes no representation that materials on the Websites are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Websites in violation of U. S. export laws and regulations. If you access the Websites from locations outside of the United States, you are responsible for compliance with all local laws. The laws of the State of Florida shall govern these Terms and Conditions of use, without giving effect to its conflict of laws provisions.
b) This Notice constitutes the entire agreement between MARS and you with respect to your use of the Websites. Any cause of action you may have with respect to your use of the Websites must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Notice or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Notice, and the remainder of this Notice shall continue in full force and effect.
14) Security: The Websites have security measures in place and MARS will use its commercially reasonable best efforts to protect the loss, misuse and alteration of the information under MARS control. MARS computing equipment is in a secured environment. The information is password protected and is not accessible to unauthorized employees at any time. Unfortunately, no data transmission over the Internet can be 100% secure. As a result, MARS cannot warrant the security of any information you transmit to us and you do so at your own risk.
16) Contact: For questions about the policies contained herein, if you have any security concerns, or wish to report vulnerabilities, contact us at [email protected].