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Terms and Conditions

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE. By using this website, and in consideration of the limited license granted below and other consideration, the sufficiency of which you hereby acknowledge, you, on behalf of yourself and any person or entity for whom you are using this website and all others who may have rights through you, agree to the following terms and conditions and other applicable law, as well as to our Privacy Policy which you can access via the link at the bottom of this page.

This website is owned and operated by OrangeBoat, LLC (“OrangeBoat”) as of 30 June, 2013.  Use of terms such as “we,” “us,” and “our” herein refer to OrangeBoat, LLC, as well as any of its affiliate entities.  We reserve the right to update or change the Terms and Conditions of this Site at any time without prior notice.  Your use of this website after any change constitutes your acceptance of any changed terms.  Please check the Terms and Conditions periodically for changes.

We offer four service packages for purchase on this Website (“Site”).  They are:

  1. LifeRing:  This package consists of individual blocks of ten hours, and you can purchase one or more blocks.  Each block must be used within one year from the date of its purchase.  Any time remaining at the one-year expiration date will be forfeited and cannot be extended or carried forward.  Customers will receive a monthly statement regarding number of hours used and remaining.

    When a customer purchases one or more blocks, he or she will be provided with an email address to which questions can be submitted.  OrangeBoat will respond by email and/or telephone.

    This service package is for customers with limited or sporadic technical service needs.  The customer can access immediate email and/or telephone support via LifeRing.

    Examples of services that can be obtained through LifeRing are loose questions, technical review of RO system design, preparation of RO projections, review cleaning procedures MF, UF,NF and RO.
  2. LifeBoat:  This is a customized package.  OrangeBoat and the customer will agree on scope of services and pricing (including payment terms etc.). This service package is for projects with a well-defined scope.  LifeBoat provides technical support through site visits, meetings, conference calls and email communications.  OrangeBoat provides a proposal based on information supplied by the customer.  Upon reaching agreement on the Scope of Work and Project Deliverables, OrangeBoat commences with the execution of the service.  The services are fine-tuned to the specific needs and requirements of the customer as needed.

    Examples of services that can be obtained through LifeBoat are plant audits, third party membrane element evaluations, design recommendations, system optimization, troubleshooting and bid review.
  3. LifeGuard:  This is also a customized proposal.  OrangeBoat and the customer will agree on scope of services and pricing (including payment terms etc.).

    This service package is designed for customers with needs that require a temporary team member.  LifeGuard provides on-location support for a specific project.  These services can be based on a fixed number of days per month, for a specific period.  Services within the repertoire of OrangeBoat® can start as early as the project design phase, and also during execution and operation.  OrangeBoat will provide a proposal based on information supplied by the customer.  Upon reaching agreement on the Scope of Work and Project Deliverables, OrangeBoat commences with the execution of the service.  The services are fine-tuned to the specific needs and requirements of the customer as needed.

    Examples of LifeGuard services are monitoring water treatment system operation, pilot trial supervision, Subject Matter Expertise for any water or process water application.
  4. Navigator:  Navigator is a unique subscription service that enables users to diagnose and respond to a wide range of water treatment challenges. Combining decades of experience with continuously updated science, this web-based tool provides water treatment system operators, design engineers, equipment suppliers and membrane manufacturers with unbiased, actionable information, quickly and independently.

    The customer can access the tool by means of a user ID and password.

    The tools provide, for instance, information that allows the user to improve the RO system operation, to troubleshoot performance issues, to address membrane cleaning issues.

All service package prices are subject to change without notice.  All prices specified herein are exclusive of any costs of any sales, use, value added, excise, gross receipts, business and occupation or similar present or future taxes imposed by any governmental body on the sale, delivery, use or other handling of the service packages or in connection with any transactions contemplated herein.  We shall have the right, among other remedies, either to terminate this agreement or to suspend further performance under this and/or other agreements with you in the event that you fail to satisfactorily and effectively make any payment.  You shall be liable for all expenses, including attorneys’ fees, relating to the collection of due amounts.  Should your financial responsibility become unsatisfactory to us, cash payments or satisfactory security may be required for future purchases.  If such cash payment or security is not provided, we may discontinue deliveries.

We may make improvements and/or changes in the secure packages described on this Site at any time.

Copyright

The entire contents of this Site, including but not limited to text, graphics or code (collectively, “Content”) is protected by the United States and other copyright laws, and is our sole and exclusive property.  The collective work may include works that are licensed to us by third party licensors.  ALL RIGHTS IN AND TO THE CONTENT ARE RESERVED.  No portion of the information contained in this website may be copied, reproduced, distributed, republished, downloaded, displayed, modified, posted or transmitted or otherwise used except as provided herein or with our express written permission.

The contents of this website, and the Site as a whole, are intended solely for personal, noncommercial use.  Except as otherwise may be expressly stated elsewhere on this Site, redistribution, retransmission, republication, or commercial exploitation of the contents of this Site are prohibited.  You may not make any part of this Site available as part of another web Site whether by hyperlink, framing or otherwise on the internet.  This Site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Site or its content.  Any other use, including but not limited to the republication, reproduction, distribution, display or transmission of the content of this Site is strictly prohibited.  If you breach these terms, all rights and licenses previously granted to you by OrangeBoat, if any, will immediately terminate.

Trademarks

We own all trademarks, service marks and trade names used in the Site, including but not limited to OrangeBoat® , and OrangeBoat, LLC.

The unauthorized use or misuse of Our copyrights, trademarks, or other site materials except as permitted herein is expressly prohibited and may be in violation of copyright, trademark and other laws.

Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Us, and are not to be considered licensed to you hereunder.

Warranty Disclaimer

THIS SITE, THE SERVICE AND SERVICE PACKAGES OFFERED ON IT AND ITS ENTIRE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW.  ORANGEBOAT (INCLUDING IN ALL CASES THE WEBSITE RELATED PARTIES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE IS COMPATIBLE WITH YOUR COMPUTER EQUIPMENT, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ERRORS, VIRUSES, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WE MAY DISCONTINUE OR MODIFY ALL OR ANY PORTION OF THIS WEBSITE AT ANY TIME, WITH OR WITHOUT NOTICE.

Limitation of Liability

YOU AGREE THAT NONE OF THE “WEBSITE-RELATED-PARTIES” (DEFINED AS US, OUR AFFILIATES, SUCCESSORS, ASSIGNS, VENDORS, AND ALL OF THEIR RESPECTIVE EMPLOYEES, AGENTS AND OWNERS OR OFFICERS) SHALL BE LIABLE FOR ANY CLAIMS, DELAY IN PERFORMANCE, DAMAGES, AWARDS, JUDGMENTS OR LOSSES (TOGETHER, THE “CLAIMS”) RESULTING FROM YOUR USE, INABILITY TO USE OR RELIANCE ON THIS WEBSITE OR THE CONTENT, CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ALL OTHER LEGAL THEORIES, AND ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.  THE LIABILITY LIMITS MAY NOT BE EFFECTIVE IN SOME STATES. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. NO REFUNDS WILL BE MADE FOR PURCHASES MADE VIA THE SITE.

IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE PRICE YOU PAID FOR THE SPECIFIC SERVICE PACKAGE(S) YOU PURCHASED AND WHICH GIVES RISE TO THE CLAIM OR CAUSE OF ACTION. Consequential and incidental damages shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment.

Typographical Errors

The material on this Site could contain technical inaccuracies or typographical errors.  Information may be changed, updated and deleted without notice, for which we are not liable.

Miscellaneous

Your use of this Site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to any conflict or choice of legal provisions.  You agree that the jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site, including but not limited to the purchase of any service package, shall be in the state or federal courts located in Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the Site, including but not limited to the purchase of any service package, must be commenced within one (1) year after the claim or cause of action arises.  Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign our rights and duties under this Agreement to any party at any time without notice to you.  You agree that if you believe you have any claim against us, you shall pursue such claim in your individual capacity only, and not as part of any class or collective action.   All terms and conditions which by their nature are intended to survive expiration or termination of this agreement for any reason will survive.

Use of Site

Harassment in any manner or form on the Site, including via e-mail, chat, or otherwise; or which uses obscene, profane, inappropriate, hateful, defamatory, disparaging false or misleading, unlawful, embarrassing or abusive language, depictions, characterizations or representations is strictly forbidden.  You may not upload to, distribute, or otherwise publish through the Site content which impersonates others or is libelous, threatening, invasive of privacy or publicity rights which constitutes or encourages a criminal offense, violates the rights of any party, or which may otherwise be objectionable or give rise to liability to Us or others.  You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or activities or other organization.

You agree:

      1. not to use this Website or Content in any way not explicitly permitted by these Terms or the text of the website itself;
      2. not to copy, modify or create derivative works involving the Content;
      3. not to misrepresent your identity or provide us with any false information in any information-collection portion of this website;
      4. not to take any action intended to interfere with the operation of this website;
      5. not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
      6. not to directly or indirectly authorize anyone else to take actions prohibited in this section; and
      7. to comply with all applicable laws and regulations while using this website or the Content. You represent and warrant that you are at least 18 years of age.

Indemnification

You agree to indemnify, defend, and hold the Website Related Parties harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your breach or violation of any of your warranties or these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person who accesses the Site using your Internet account.

Notice; Contact Us

We welcome comments and suggestions from our customers regarding this Site and our products.  However, any comments or feedback, messages, ideas, suggestions, or other communications (collectively, “Comments”) submitted to this Site shall become and remain our exclusive property. Your submissions of any such Comments constitute an assignment to Us of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments, and We will be entitled to use, reproduce, publish, or distribute any submitted material for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.  Additionally, any information or Comments that you submit, other than your personally identifiable information covered by our Privacy Policy, will be deemed to be non-confidential.  WE MAY USE ANY information OR COMMENTS YOU SUBMIT to us via this site or through other electronic means without a written agreement with us relating to your submission, for any purpose whatsoever without obligation to you.

We may deliver any notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to us.

You may contact us at: OrangeBoat LLC, 18439 Pathfinder Drive, Eden Prairie MN55347, USA. info@orangeboatsupport.com