Web Site Terms of Use

LAST UPDATED: November 25, 2020

INTRODUCTION

Conservation Labs, Inc. (“Conservation Labs,” “we” or “our”) provides a promotional Web Site at ConservationLabs.com and sub-domains (collectively “One-Way Site” or “Site”) for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing our One-Way Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. If you do not agree to them, please you may not visit or use the Site. 

Conservation Labs reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page.  All changes are effective immediately when we post them, and apply to use of the Site thereafter.

USE OF THE SITE

Conservation Labs maintains this Site for your informational purposes only so that you may obtain valuable information about the various products and services that we offer. If you are seeking to purchase any of our products or services, you must do so by visiting our purchasing web site. You can make a purchase by clicking here. 

Without limiting the foregoing, you may not: (1) use this Site to distribute, transmit or publish any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with, monitor, or disrupt the servers or networks connected to it; (4) interfere with any intellectual property rights associated with the Site; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; (7) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (8) attempt to gain unauthorized access to; or (9) use the Site for any illegal purpose or in any way in violation of any federal, foreign, state, local or international law or regulation. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet or telecommunications service provider of your activities and take appropriate legal action.

SITE MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to limit or change its content or features at any time.

PRIVACY POLICY

Conservation Labs takes your privacy seriously. Any information that is submitted to us or information that we collect including our use of cookies in connection with your use of the Site is subject to and disclosed by the terms of our Privacy Policy. You may review out Privacy Policy by clicking here.

LINKS TO OTHER SITES

The Site may include links to third-party web sites. Conservation Labs does not control and is not responsible for the content or privacy policies of any linked web site, and the inclusion of any link on the Site does not imply our endorsement of it. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

Conservation Labs is based in the state of Pennsylvania in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

ELECTRONIC COMMUNICATIONS

By using the Site, any communication that you may send us through the Site will be treated as non-confidential information. Any personal information that we receive from you in any such communication shall be treated in accordance with the terms of our Privacy Policy.

INTELLECTUAL PROPERTY

All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design, appearance and likeness of the Site are copyrighted by Conservation Labs and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission.  You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Intellectual Property Manager, Conservation Labs, Inc., 370-C  Pearl Street, Brownsville, Pa. 15417 USA, or by email at: support@conservationlabs.com. Conservation Labs does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

H2KNOW™ is a trademark and/or service mark owned by Conservation Labs. This is not an all-inclusive list of Conservation Lab’s trademarks and service marks. Trademarks and service marks designated with the “®” symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Conservation Labs may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Conservation Labs that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by Conservation Labs.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you in believe that materials posted on the Site violate your intellectual property rights, please contact Conservation Labs at Intellectual Property Manager, Conservation Labs, Inc., 370-C Pearl Street, Brownsville, Pa. 15417 USA or by email at: support@conservationlabs.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

USE OF COMMENTS SUBMITTED

You agree that Conservation Labs is free to use any comments or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or our products or services.

NO WARRANTY

While we use our reasonable efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function, be accurate or reliable, or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY INFORMATION  OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CONSERVATION LABS, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR FOR ANY INFORMATION PROVIDED BY OR THROUGH THE SITE.  ANY CLAIM FOR DIRECT DAMAGES CONCERNING ACCESS, USE OR THE INABILITY TO USE THE SITE OR FOR ANY INFORMATION PROVIDED BY OR THROUGH THE SITE SHALL BE LIMITED IN THE AGGREGATE TO FIFTY DOLLARS ($50). LIMITATION OF LIABILITY IN CONNECTION WITH THE PURCHASE OR RENTAL OF ANY PRODUCTS OR FOR THE USE OF ANY SERVICES SHALL BE GOVERNED BY THE TERMS AND CONDTIONS THAT ARE PROVIDED TO YOU WHEN YOU MAKE A PIURCHASE OR ENTER INTO SUCH OTHER TRANSACTION OR CONTRACT ON OUR PURCHASING SITE.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

INDEMNITY

You agree to indemnify and hold Conservation Labs, its affiliates and related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your violation of any law or the rights of any person.

DISPUTES

These Terms of Use shall be governed and construed in accordance with the laws of the State of Pennsylvania without regard to its choice of law principles. Subject to the provisions below, the exclusive jurisdiction for any actions, arbitrations, or other proceedings arising out of or related to the subject matter of these Terms of Use shall be the appropriate state and U.S. federal courts in Allegheny County, Pennsylvania. By using this Site you consent to the jurisdiction and venue of these courts.

Any dispute arising out of these Terms of Use (“Dispute”) shall be resolved as follows:  

1. Negotiations. In the event of a Dispute, the parties to the dispute shall use their diligent good faith efforts to negotiate with one another to resolve it. Such efforts shall include, promptly upon notice by either party, at least one conference call among persons with authority to settle the Dispute. At least five (5) business days prior to such call the parties shall exchange memoranda stating the issues in dispute and their positions, summarizing the negotiations that have taken place and attaching relevant documents. All communications and writings exchanged between the parties in connection with such discussions shall be confidential and shall not be used or referred to in any subsequent binding adjudicatory process between the parties. 
2.  Mediation. In the event the Dispute is not resolved through negotiation within thirty (30) days after the initial notice of a Dispute is delivered, then either party may elect to have the Dispute attempted to be resolved by mediation in Allegheny County, Pennsylvania, under the auspices of JAMS, utilizing its then applicable procedures. Each party shall bear its own costs and expenses. The mediation must be completed within forty-five days after a party’s written notice to JAMS requesting mediation.
3. Arbitration. Any Dispute between the parties arising out of or related to these Terms of Use shall be resolved by binding arbitration under the Commercial Arbitration rules then in force of JAMS, including its Appeal Procedures, or any other rules or organization upon which the parties may agree at that time (“Rules”), before a single arbitrator in Allegheny County, Pennsylvania. You agree that any arbitration shall be brought in its individual capacity only, and not as a plaintiff or class member of any purported class or representative or private attorney general, and the arbitrator shall have no jurisdiction over any such proceeding. All arbitration proceedings shall be conducted in English and shall be transcribed. If the parties are unable to agree on an arbitrator from the list provided by JAMS, they shall request from JAMS a list of five available arbitrators with experience in similar disputes, and each party may strike two names, leaving the remaining name(s) as the arbitrator. If more than one name remains, JAMS will make the selection from the remaining names based on the experience of the arbitrator with the type of Dispute. The arbitrator will allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration, including providing a relatively expeditious, informal, inexpensive, and fair forum. The arbitrator will have no power or authority under the Rules or the Federal Arbitration Act to amend or disregard any provision of this provision. The arbitration hearing shall be limited to not more than three (3) days, with each of the [arties to the Dispute being allocated one-half of the time for the presentation of its case (subject to minor adjustment as the arbitrator may decide is appropriate given the nature of the dispute). Unless otherwise agreed to by the parties and arbitrator, the arbitration hearing shall be conducted on consecutive business days. The arbitrator shall prepare in writing and provide to the parties an award including factual findings and the reasons on which his or her decision is based. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. The arbitration award may be enforced in any court of competent jurisdiction.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions must be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Conservation Labs in connection with your use of the Site.

FORCE MAJEURE

Conservation Labs will not be liable for any failure or delay in performing any of its obligations if such failure or delay is due to circumstances or events beyond its reasonable control, including, without limitation, acts of a governmental body, war, insurrection, acts of terrorism, sabotage, embargo, fire, flood, mud slides, earthquakes, strikes, natural disasters, acts of God, public health emergencies, epidemics, pandemics, shelter-in-place or stay at home orders, quarantines, government shutdowns, labor disturbances, riots, gas shortages, interruption or delay in water services, unavailability of, interruption or delay in telecommunications or third party products or services, inability to obtain water services, or an inability to obtain equipment needed for accessing the Site and the associated products or services that are described on the Site. Notice of such circumstances or events shall be provided on the Site and Conservation Labs reserves the right to either suspend or terminate the display or access to the Site, and if suspended, the time period of the suspension.

CONTACT US

If you have any questions about these Terms of Use, please contact us at Conservation Labs, Inc., 370-C Pearl Street, Brownsville, Pa. 15417 USA or by email at: support@conservationlabs.com.