BlueGreen US Water Technologies Inc. (hereinafter “BlueGreen” or “Us” or “We” or “Our“) runs, owns, and operates the internet domain www.bluegreenwatertech.com, a platform designed to provide informative information to commercial companies, customers, vendors, and employees on BlueGreen, its affiliates’ services, and products via an internet website as well as enable customers to acquire certain  BlueGreen Products (hereinafter the “Service“) which may include interactive communications (e.g., webinars), for users’ general interest only. The Service is the exclusive property of BlueGreen.

These Terms of Use (“Terms of Use“) set out the rules for using the Service and by using the Service you (the “User” or “You”) confirm that You will not infringe any third party’s rights, you accept these Terms of Use and agree to comply with them and with any applicable law. If You do not agree to these terms, you must not use the Service.

General Terms

1. The Service is not intended or designed to be used by individuals under the age of 18 and You may not use the Service if you are under the age of 18.
2. For using certain parts of the Service, You may be asked to complete certain registration procedures, in which You will choose a username and password and may be required to provide some mandatory basic details as requested on the registration page, such as name, address, e-mail address, phone number, credit card number, etc. If You use the Service, You are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized use of your account.
3. Certain aspects and features of this Service may, in whole or in part, be subject to registration and provision of personally identifying details. Such registration and/or provision of details will be governed by Our Privacy Policy.
4. All content contained in this Service, including materials, documents, images, videos, graphics, Our name, logo, trademarks, and all intellectual property rights in the Service, is owned or controlled by BlueGreen (and/or any affiliate thereof) and is fully protected by worldwide copyright laws, design, trademark, and all other intellectual property rights. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way without Our prior written specific approval.
5. BlueGreen, the owners of this Service, and any affiliated companies’ online services to which this Service provides links (“Affiliated Services“), will use reasonable efforts to include up-to-date and accurate information in this Service and the Affiliated Services, but make no representations, warranties, or assurances as to the accuracy, currency, availability or completeness of the information provided.
6. The owners of this Service and the Affiliated Services shall not be liable in any way (to the fullest extent permitted by law) and under no circumstances for any errors or omissions in the content of the Service and/or for any damages (of any kind) or injury resulting from your access to, use of, or inability to access, this Service and/or the Affiliated Services, or from your reliance on any information provided at this Service and/or at the Affiliated Services.
7. This Service may provide links or references to other third parties’ sites but the owners of this Service have no responsibility nor liability for the content of such other third parties sites and shall not be liable for any damages or injury arising from that content or any use of it. Any links to other third parties’ sites are provided as merely a convenience to the Users of this Service while BlueGreen does not endorse nor accept any responsibility for the content of such third parties sites, and such use and/or reliance shall be at the User’s own risk.
8. The trademarks, service marks, trade names, trade dress, and products in the Service and/or Affiliated Services are protected in the US and internationally. No use of any of these may be made without the prior, written authorization of BlueGreen, except to identify the products or services of BlueGreen and/or its affiliates.
9. Any personally identifiable information in electronic communications to the Service and/or Affiliated Services (if any) is governed by this Service Privacy Policy. The owners of this Service and/or Affiliated Services shall be free to use or copy all other information in any such communications, including any images, text, ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing, and/or marketing goods or services.
10. The sender of any communications to the Service and/or Affiliated Services or otherwise to the owners of the Service and/or Affiliated Services shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
11. The User undertakes to indemnify BlueGreen and/or anyone on its behalf, in the event that the User will infringe these Terms of Use and/or any other policies of the Service, and such infringement shall incur any damage, loss, payment, and/or expense to BlueGreen and/or anyone on its behalf.
12. We do not guarantee that the Service will be secure or free from bugs or viruses. Users are responsible for configuring their information technology, computer programs, and platform to access the Service and should use their own virus protection software. Users must not misuse the Service by knowingly introducing viruses or other material that is malicious or technologically harmful. Users must not attempt to gain unauthorized access to the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
13. Although We make reasonable efforts to allow users easy access to the Service, such access may sometimes be interrupted, terminated, or not available for any other reason.

Terms for The Clean Water Program

1. These terms constitute the entire agreement between You and Us should You decide to apply for and/or participate in BlueGreen’s pro bono water treatments as part of the Service (“Clean Water Program”) and shall supersede any terms proposed by You.
2. The Clean Water Program’s descriptions, submission timeline and instructions,  and eligibility criteria (“Eligibility Criteria”) are all stipulated on the applicable page in Our Service. In case of a contradiction between the terms herein and the terms on Our Service, the terms herein will prevail.
3. Only applicants who meet the Eligibility Criteria may apply.
4. Eligible applicants who are interested to apply for the Clean Water Program will be required to fill out an online form and submit it in a timely manner.
5. All details provided on the online form, as well as the registration of the application on Our Service, will be conclusive evidence of their correctness.
6. We will review timely submitted applications, and will evaluate them according to Our sole and absolute discretion and interest. We reserve the right to decline and/or reject Your application without giving any reason at any time. Nothing that We do or say (including any email or confirmation of application) will constitute a promise, obligation, or otherwise imply that your application will be elected. By applying to the Clean Water Program you fully agree to these terms and the foregoing and irrevocably waive any clime You may have concerning such rejection.
7. The actual granting of the Clean Water Program may be subject to certain terms, conditions, representation, and warranties on Your part or the part of others (as applicable), and may require You and/or others to execute a dedicated agreement before the treatment is provided. Refusals to accept any such terms, conditions, representation, or warranties, and/or refusal to execute such a dedicated agreement, will constitute a forfeiture of Your participation,  and a withdrawal of Your application.

8. For any questions or technical issues concerning The Clean Water Program, please contact Us via email address: thecleanwaterprogram@bluegreenwatertech.com.

Additional Terms and conditions for the acquisition of Products

9. These terms constitute the entire agreement between You and Us for the sale of BlueGreen products offered for sale as part of the Service (“Product” or “Products” as applicable) and shall supersede any terms proposed by You.
10. For each Product offered for sale, a “Product Page” is displayed; the Product Page includes the name of the Product offered for sale, the price list of the Product as well as additional mandatory and ancillary information.
11. The price of the Products that You order and any applicable shipping costs (if any) are clearly set out on Our Service and may be changed periodically, however, this will not affect the price or shipping cost of Products already ordered by You. Sales taxes (local, state, or federal), as well as other applicable taxes, will be added to the invoice price.
12. Payment for your order will be made via certain acceptable credit cards, Debit Cards, and other electronic means, such as PayPal, subject to approval by the applicable credit company, such payments are not processed through pages controlled by Us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
13. The details as entered on the registration page, as well as the registration of the transaction on Our Service, will be conclusive evidence of the correctness of the actions.
14. We sell and deliver Products to certain countries and states only, and may refuse sales to countries and states We do not sell to. If You are not in the US or if the Products are to be delivered outside the US, by placing the order You declare that You are lawfully able and permitted to import such Products to the applicable country or territory, and You solely will be responsible for the payment of any applicable import duties and taxes of any kind levied in such country or territory.
15. Your order is an offer to buy the Products from Us. Nothing that We do or say (including any email or confirmation of payment) will constitute acceptance of that offer until We actually send You the Products. We reserve the right to decline to supply the Products to You without giving any reason at any time.
16. If You use the Service in any way and make an order on behalf of another person, You warrant that You have full authority to do so and You accept personal responsibility for all your acts and/or omissions.
17. We will endeavor to deliver the ordered Products to You DDP (Incoterms® 2020 – subject to Section ‎6 above), within 30 days from the day You placed the order, via a person or business We contracted to deliver the Products to You, at the address stipulated in your order. If We are not able to deliver the ordered Products within 30 days of the date of your order, We shall notify You by e-mail to arrange another date for delivery. Products may be delivered in installments according to availability. Products must be signed for on delivery by an adult aged 18 years or over. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence, therefore, We do not commit to any specific delivery time and We are not liable to You for any expense or inconvenience You incur on account of delayed delivery or non-delivery. We do not guarantee the availability or the available quantities of the Products.
18. We do not accept returns unless such return is mandatory under applicable law or the if Products delivered are defective at the time of purchase. You must let Us know by email to support@bluegreenwatertech.com that You would like to return Products, specifying exactly what Products and when they were purchased, with full details of the defect or other reason for return. No Products may be sent to Us without our prior approval, as We may not be able to identify sufficient details to enable Us to attend to Your complaint. Products so returned will be returned with all packaging in their original condition at your risk and cost properly wrapped with their delivery documentation.
19. Defective Products will be replaced in the following circumstances: (i) the defect is reported to Us within 14 days of receipt of Products, (ii) the defect results only from faulty manufacture or storage by Us, and (iii) You returned the defective Products to Us within 21 days of return approval. If We agree that We are responsible for the defect, We shall refund the cost return carriage and
    at Our election, either refund the price of the  Product or replace the defective Products free of charge. If We so refund or replace defective Products, You shall have no additional claim against Us either under these Terms of Use or by law with respect to such defect.
20. Before ordering any of Our Products You must read the directions for use, conditions of warranties, and limitations of liability for such Products available on the applicable Product Page. If the terms are not acceptable to You, do not order the Product.
21. By ordering Our Products, You accept the following Conditions, Disclaimer of Warranties, and Limitations of Liability. CONDITIONS: The directions for use of the Products are believed to be adequate and must be followed carefully. However, it is impossible to eliminate all risks associated with the use of the Products. Ineffectiveness or other unintended consequences may result because of such factors as weather conditions, the presence of other materials, or the manner of use or application, all of which are beyond Our control. All such risks shall be assumed by You and/or the end user. DISCLAIMER OF WARRANTIES: To the extent consistent with applicable law, We make no other warranties, express or implied, of merchantability or fitness for a particular purpose or otherwise, that extend beyond the statements made on the Product label. To the extent consistent with applicable law, We disclaim any liability whatsoever for special, incidental, or consequential damages resulting from the use or handling of these Products. LIMITATIONS OF LIABILITY: To the extent consistent with applicable law, Your and if applicable any end-users exclusive remedy for any and all losses, injuries, or damages resulting from the use or handling of the Products, whether in contract, warranty, tort, negligence, strict liability or otherwise, shall not exceed the purchase price paid for the applicable Product or, at Our election, the replacement of Product.

If any provision of these Terms of Use is or becomes invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity and enforceability of the rest of these Terms of Use shall otherwise remain unaffected.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Pennsylvania and the competent courts in Pittsburgh Pennsylvania shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter (including non-contractual disputes or claims).

BlueGreen may change this Terms of Use or the Products at any time. Any changes to the Terms of Use of the Products will become effective when We post the revised Terms of Use or change the description of the Products on the Service. Your use of the Service following these changes means that You accept the revised Terms of Use/change.  We recommend that You regularly review the Terms of Use when You visit the Service. These Terms of Use were last updated on January, 2023.

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