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Acceptance of the Terms
Welcome to the ToolDOXTM Website service of Evoqua Water Technologies LLC
(“Evoqua”). The following terms and conditions, together with any
documents they incorporate by reference (collectively, these “Terms”),
govern your access to and use of https://documoto.digabit.com/Portal/?tk=EVOQUA (ToolDOX).
Please read the Terms carefully before you start to use our ToolDOXTM service. By using the ToolDOXTM
service or by clicking to “accept” or “agree” to the Terms when this
option is made available to you, you accept and agree to be bound and
abide by these Terms. If you do not want to agree to these Terms, you must not access or use the ToolDOXTM service.
Accessing ToolDOX and Account Security
Access to ToolDOX is based on the serial number of the Evoqua equipment used or purchased by you and is recipient-specific. Your ToolDOX access is not transferable or assignable. If the equipment is sold, transferred, or otherwise disposed of, your ToolDOX access and your rights hereunder will terminate, and the new equipment owner must contact Evoqua to apply for access to ToolDOX .
Evoqua reserves the right to withdraw or amend ToolDOX, and any service or material provided on ToolDOX, in its sole discretion without notice. Evoqua will not be liable if for any reason all or any part of ToolDOX is unavailable at any time or for any period. Access to ToolDOX is restricted to registered users, and all or part of it is subject to further restriction by Evoqua from time to time.
You are responsible for:
- Making all arrangements necessary for you to have access to the ToolDOX service.
- Ensuring that all persons who access the ToolDOX service through your internet connection are aware of these Terms and comply with them.
To access ToolDOX, you will be asked to provide certain registration details or other information. It is a condition of your use of ToolDOX that all the information you provide on ToolDOX is correct, current and complete.
you choose, or are provided with, a user name, password or any other
piece of information as part of Evoqua’s security procedures, you must
treat such information as confidential, and you must not disclose it to
any other person or entity. You also acknowledge that your account is
personal to you and agree not to provide any other person with access to
portions of it using your user name, password or other security
information. You agree to notify Evoqua immediately of any unauthorized
access to or use of your user name or password or any other breach of
security. You also agree to ensure that you exit from your account at
the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that others
are not able to view or record your password or other personal
Evoqua has the right to disable any user name,
password or other identifier, whether chosen by you or provided by us,
at any time in our sole discretion for any or no reason, including if,
in our opinion, you have violated any provision of these Terms.
Changes to the Terms
may revise and update these Terms from time to time in its sole
discretion. Evoqua will notify you of any changes to these Terms and you
will be asked to accept or agree to the revised Terms when notified.
All changes are effective immediately when posted, and apply to all
access to and use of our ToolDOX
service thereafter. However, any changes to the dispute resolution
provisions set forth in the “Governing Law and Jurisdiction” section
will not apply to any disputes for which the parties have actual notice
on or prior to the date the change is posted on ToolDOX .
connection with your purchase, lease, or use of Evoqua’s products (the
“Purpose“), Evoqua understands that you desire to receive certain
information from Evoqua that is non-public, confidential, or proprietary
in nature, and Evoqua is willing to disclose such information to you,
subject to these Terms.
means all non-public, confidential or proprietary information disclosed
before, on or after the date of these Terms, by Evoqua to you or your
affiliates, or to any of your or your affiliates’ employees, officers,
directors, partners, shareholders, agents, attorneys, accountants or
advisors (collectively, “Representatives"), whether
disclosed orally or disclosed or accessed in written, electronic or
other form or media, and whether or not marked, designated or otherwise
identified as “confidential,” including, without limitation:
technical data, such as wiring schematics, hydraulic schematics, parts
manuals, maintenance manuals, and quality traceable material
- all information concerning all designs, specifications, documentation, and components;
unpatented inventions, ideas, methods and discoveries, trade secrets,
know-how, unpublished patent applications and other confidential
- any third-party confidential information
included with, or incorporated in, any information provided by Evoqua to
you or your Representatives;
- any other information that would
reasonably be considered non-public, confidential or proprietary given
the nature of the information and Evoqua’s and your businesses; and
notes, analyses, compilations, reports, forecasts, studies, samples,
data, statistics, summaries, interpretations and other materials (the
“Notes“) prepared by or for you or your Representatives that contain,
are based on, or otherwise reflect or are derived from, in whole or in
part, any of the foregoing.
use Evoqua’s Confidential Information, or permit it to be accessed or
used, for any purpose other than the Purpose, or otherwise in any manner
to Evoqua’s detriment, including without limitation, to reverse
engineer, disassemble, decompile or design around Evoqua’s proprietary
services, products and/or confidential intellectual property;
disclose any such Confidential Information to any person or entity,
except to your Representatives who: (i) need to know the Confidential
Information to assist you, or act on your behalf, in relation to the
Purpose; (ii) are informed in writing by you of the confidential nature
of the Confidential Information; and (iii) are subject to
confidentiality duties or obligations to you that are no less
restrictive than the terms and conditions of these Terms;
- comply with all applicable access and security rules and procedures of Evoqua;
notify Evoqua of any unauthorized disclosure of Confidential
Information or other breaches of these Terms by you or your
Representatives of which you have knowledge;
- fully cooperate
with Evoqua in any effort undertaken by Evoqua to enforce its rights
related to any such unauthorized disclosure; and
- be responsible for any breach of these Terms caused by any of your Representatives.
Recipient Representations and Warranties
Disclosure by you or your Representatives of any of Evoqua’s
Confidential Information pursuant to applicable national, federal, state or local
law, regulation or a valid order issued by a court or governmental
agency of competent jurisdiction (a “Legal Order")
shall be subject to the terms of this Section. Prior to making any such
disclosure, you shall provide Evoqua with: (a) prompt written notice of
such requirement so that Evoqua may seek a protective order or other
remedy; and (b) reasonable assistance in opposing such disclosure or
seeking a protective order or other limitations on disclosure.
after providing such notice and assistance as required herein, you
remain subject to a Legal Order to disclose any Confidential
Information, you (including your Representatives) shall disclose no more
than that portion of the Confidential Information which, on the written
advice of your legal counsel, such Legal Order specifically requires
you to disclose, and shall use commercially reasonable efforts to obtain
assurances from the applicable court or agency that such Confidential
Information will be afforded confidential treatment.
Return or Destruction of Confidential Information
the expiration or termination of these Terms, or at Evoqua’s request at
any time during the term of these Terms, you and your Representatives
shall promptly return to Evoqua all copies, whether in written,
electronic or other form or media, of Evoqua’s Confidential Information,
or destroy all such copies and certify in writing to Evoqua that such
Confidential Information has been destroyed. In addition, you shall also
destroy all copies of any Notes created by you or your Representatives
and certify in writing to Evoqua that such copies have been destroyed.
Term and Termination
Evoqua may terminate these Terms and your access to ToolDOX at
any time by providing written notice to you. Notwithstanding anything
to the contrary herein, Evoqua’s rights and your obligations under these
Terms shall survive the expiration or termination of these Terms for a
period of 7 years from the date of such expiration or termination, even
after you return or destroy the Confidential Information (the “Survival
Period“), provided that for any and all trade secrets of Evoqua, the
Survival Period shall last for as long as such Confidential Information
qualifies as a trade secret under applicable international, federal,
state and/or local law.
If the equipment to which your ToolDOX access relates is sold, transferred, or otherwise disposed of, your ToolDOX access and your rights hereunder will terminate, and the new equipment owner must contact Evoqua to apply for access to ToolDOX.
No Evoqua Representations or Warranties.
Evoqua nor any of its Representatives make any representation or
warranty, expressed or implied, as to the accuracy or completeness of
the Confidential Information disclosed to you hereunder or the
information in ToolDOX.
Neither Evoqua nor any of its Representatives shall be liable to you or
any of your Representatives relating to or resulting from your use of
any of such information or any errors therein or omissions therefrom.
No Transfer of Rights, Title or Interest
hereby retains its entire right, title and interest, including all
intellectual property rights, in and to all Confidential Information and
information in ToolDOX.
Any disclosure of such information shall not be construed as an
assignment, grant, option, license or other transfer of any such right,
title or interest whatsoever to you or any of your Representatives.
acknowledge and agree that money damages might not be a sufficient
remedy for any breach or threatened breach of these Terms by you or your
Representatives. In addition to all other remedies available at law
(which Evoqua does not waive by the exercise of any rights hereunder),
Evoqua shall be entitled to seek specific performance and injunctive and
other equitable relief as a remedy for any such breach or threatened
breach, and you hereby waive any requirement for the securing or posting
of any bond or the showing of actual monetary damages in connection
with such claim. If Evoqua institutes any legal suit, action or
proceeding against you arising out of or relating to these Terms,
Evoqua, if it is the prevailing party in the suit, action or proceeding,
shall be entitled to receive in addition to all other damages to which
it may be entitled, the costs incurred by it in conducting the suit,
action or proceeding, including reasonable attorneys’ fees and expenses
and court costs.
Intellectual Property Rights
its entire contents, features and functionality are owned by Evoqua,
its licensors or other providers of such material and are protected by
United States and international copyright, trademark, patent, trade
secret and other intellectual property or proprietary rights laws.
These Terms permit you to use ToolDOX for
your own internal business purposes only, and not for other commercial
use or use by any other person. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform,
republish, download, store or transmit any of the material on ToolDOX, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of ToolDOX for
your own internal business purposes (and not for other commercial use
or use by any other person) and not for further reproduction,
publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on ToolDOX other than that set out in this section, please address your request to: Jamie.Elzinga@evoqua.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of ToolDOX in breach of the Terms, your right to use ToolDOX
will cease immediately and you must, at Evoqua’s option, return or
destroy any copies of the materials you have made. No right, title or
interest in or to ToolDOX or any content on ToolDOX is transferred to you, and all rights not expressly granted are reserved by Evoqua. Any use of ToolDOX not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Evoqua name, its trademarks, the Evoqua logo and all related names,
logos, product and service names, designs and slogans are trademarks of
Evoqua or its affiliates or licensors. You must not use such marks
without the prior written permission of Evoqua. All other names, logos,
product and service names, designs and slogans on ToolDOX are the trademarks of their respective owners.
You may use ToolDOX only for lawful purposes and in accordance with these Terms. You agree not to use ToolDOX:
Additionally, you agree not to:
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of ToolDOX, or which, as determined by Evoqua, may harm Evoqua or users of ToolDOX or expose them to liability.
- Use ToolDOX in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of ToolDOX, including their ability to engage in real time activities through ToolDOX.
- Use any robot, spider or other automatic device, process or means to access ToolDOX for any purpose, including monitoring or copying any of the material on ToolDOX.
- Use any manual process to monitor or copy any of the material on ToolDOX or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of ToolDOX.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of ToolDOX, the server on which ToolDOX is stored, or any server, computer or database connected to ToolDOX.
- Attack ToolDOX via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of ToolDOX.
Reliance on Information Posted
The information presented on or through ToolDOX is
made available solely for general information purposes. Evoqua does not
warrant the accuracy, completeness or usefulness of this information.
Any reliance you place on such information is strictly at your own risk.
Evoqua disclaims all liability and responsibility arising from any
reliance placed on such materials by you or any other visitor to ToolDOX, or by anyone who may be informed of any of its contents.
Changes to ToolDOX
Evoqua may update the content on ToolDOX from time to time, but its content is not necessarily complete or up-to-date. Any of the material on ToolDOX may be out of date at any given time, and Evoqua is under no obligation to update such material.
Linking or sharing access to ToolDOX is strictly prohibited.
If ToolDOX contains
links to other sites and resources provided by third parties, these
links are provided for your convenience only. This includes links
contained in advertisements, including banner advertisements and
sponsored links. Evoqua has no control over the contents of those sites
or resources, and accept no responsibility for them or for any loss or
damage that may arise from your use of them. If you decide to access any
of the third party websites linked to ToolDOX, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of ToolDOX is based in the Commonwealth of Pennsylvania in the United States of America. Access to ToolDOX may not be legal by certain persons or in certain countries. If you access ToolDOX from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that Evoqua cannot and does not guarantee or warrant that files available for downloading from the internet or ToolDOX will
be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to Evoqua’s site
for any reconstruction of any lost data. EVOQUA WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF ToolDOX OR ANY SERVICES OR ITEMS OBTAINED
THROUGH ToolDOX OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR
ON ANY WEBSITE LINKED TO IT.
YOUR USE OF ToolDOX , ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH ToolDOX IS AT YOUR OWN RISK. ToolDOX , ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH ToolDOX ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EVOQUA NOR ANY PERSON
ASSOCIATED WITH EVOQUA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF ToolDOX . WITHOUT LIMITING THE FOREGOING, NEITHER EVOQUA NOR ANYONE ASSOCIATED WITH EVOQUA REPRESENTS OR WARRANTS THAT ToolDOX , ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH ToolDOX WILL
BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL
BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ToolDOX OR ANY SERVICES OR ITEMS OBTAINED THROUGH ToolDOX WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
NO EVENT WILL EVOQUA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, ToolDOX, ANY WEBSITES LINKED TO IT, ANY CONTENT ON ToolDOX OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH ToolDOX OR
SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
agree to defend, indemnify and hold harmless Evoqua, its affiliates,
licensors and service providers, and its and their respective
shareholders, officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, interest,
penalties, fines, costs, expenses or fees (including reasonable
attorneys’ fees) arising out of or relating to your violation of these
Terms, or a breach of any representation, warranty or obligation set
forth in these Terms by you or any of your Representatives, or your use
of ToolDOX, any use of ToolDOX’s
content, services and products other than as expressly authorized in
these Terms or your use of any information obtained from ToolDOX.
Governing Law and Jurisdiction
All matters relating to ToolDOX and
these Terms and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims),
are governed by and construed in accordance with the internal laws of
the Commonwealth of Pennsylvania, USA, without giving effect to any
choice or conflict of law provision or rule (whether of the Commonwealth
of Pennsylvania, USA or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or ToolDOX shall
be instituted exclusively in the federal courts of the United States in
the Western District of Pennsylvania, USA, although Evoqua retains the
right to bring any suit, action or proceeding against you for breach of
these Terms in your country of residence or any other relevant country.
You waive any and all objections to the exercise of jurisdiction over
you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR ToolDOX MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES,
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
waiver by Evoqua of any term or condition set forth in these Terms
shall be deemed a further or continuing waiver of such term or condition
or a waiver of any other term or condition, and any failure of Evoqua
to assert a right or provision under these Terms shall not constitute a
waiver of such right or provision.
If any provision of these
Terms is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal or unenforceable for any reason, such provision
shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms will continue in full force and
The Terms constitute the sole and entire agreement between you and Evoqua with respect to ToolDOX and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to ToolDOX.
Your Comments and Concerns
The ToolDOXTM service is operated by Evoqua Water Technologies LLC., 210 Sixth St., Ste. 3300, Pittsburgh, PA 15222 USA.
feedback, comments, requests for technical support, notices of
copyright infringement claims, and other communications relating to
Evoqua’s ToolDOXTM service
should be directed to: Jamie.Elzinga@evoqua.com. Written notifications
should be directed to Legal Department, Evoqua Water Technologies LLC,
210 Sixth St., Ste. 3300, Pittsburgh, PA 15222 USA.
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