Terms of Use
SOURCE ® GLOBAL
WEBSITE TERMS OF USE
Last updated: September 12, 2024
These website terms of use (“Terms of Use”) are entered into by and between you and SOURCE Global, PBC (collectively, “SOURCE”, “we”, “us” or “our”) and govern your access to and use of our website (the “Website”). These Terms of Use also govern your access to and use of our mobile application (the “App”). The term “you,” as used in this these Terms of Use, means any person or entity who accesses or uses the Website or the App. If you use or access the Website or the App on behalf of a company or other legal entity, you are agreeing to these Terms of Use on behalf of such company or other legal entity.
Please read these Terms of Use carefully before you use the Website or the App. By using the Website or the App, you accept and agree to be bound and abide by these Terms of Use. If you do not accept these Terms of Use, please do not access or use the Website or download the App.
Please note, these Terms of Use do not apply to purchases of the SOURCE Hydropanel®. Any purchases are governed by the SOURCE Online Sales Transaction and Terms of Sale at the time of purchase.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and your continued use of the Website or the App following the posting of revised Terms of Use means that you accept and agree to the changes.
We reserve the right to terminate, alter, or amend the Website or the App, any service or material we provide on the Website or the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the App is unavailable at any time or for any period.
The Website and the App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SOURCE, 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 rights laws. All rights not specifically granted herein are reserved by SOURCE.
These Terms of Use permit you to use the Website and the App for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or App except for your personal use. If we provide social media features, you may take such actions as are enabled by such features.
No right, title or interest in or to the Website or the App or any content on the Website or the App is transferred to you under any circumstances, and all rights not expressly granted are reserved by SOURCE. Any use of the Website or the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
All trademarks, service marks, logos and trade names which appear on the Website or the App, whether registered or not (including but not limited to: the word mark “SOURCE” and the SOURCE logo) (the “Marks”) are and shall remain the exclusive property of SOURCE or its licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website or the App, without SOURCE’s prior consent, which shall be in SOURCE’s sole discretion. The use of any of the Marks on any other website is prohibited without the express written consent of SOURCE.
You may use the Website and the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the App:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate SOURCE, a SOURCE employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the App, or which, as determined by us, may harm SOURCE or users of the Website or the App or expose them to liability.
- If you are a competitor, or for purposes of monitoring the availability, performance or functionality of the Website or the App, or for any other benchmarking or competitive purposes.
Additionally, you agree not to:
- Use the Website or the App or any device, software or routine that in any manner that could disable, overburden, damage, or impair the proper working of the Website or the App or interfere with any other party’s use of the Website or the App, including their ability to engage in real time activities through the Website or the App.
- Modify copies of any materials from the Website or the App.
- 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 the Website or the App.
- Use any robot, spider or other automatic device, process or means to access the Website or the App for any purpose, including monitoring or copying any of the materials on the Website or the App.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the App, the server on which the Website or the App is hosted, or any server, computer or database connected to the Website or the App.
- Attack the Website or the App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website or the App.
To the extent permitted by applicable law: The information presented on or through the Website and the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the App, or by anyone who may be informed of any of its contents.
While we may periodically update or correct information presented on this Website or the App, and such information, or other information on this Website or the App, may include typographical errors and/or technical inaccuracies and/or omissions. We make no representation or warranty as to the accuracy of any information on this Website or the App and expressly disclaims any obligation to update such information. We also reserve the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.
The Website and the App may include content and/or materials provided by third parties. All statements and/or opinions expressed in such content and materials are solely the opinions and the responsibility of the person or entity providing such content or materials and do not necessarily reflect the opinion of SOURCE. We are not responsible, or liable to you or any third party, for the content or accuracy of any content or materials provided by any third parties.
The Website and the App may include features that operate in conjunction with certain third-party social networking websites that you visit. Please note that your use of such features is governed by these Terms of Use, however, your access and use of third-party social networking sites is governed by the terms of service and other agreements posted on such sites. You are responsible for ensuring that your use of such sites complies with any applicable terms of service or other agreements.
When you use parts of the Website or the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website and the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.
You may provide feedback, ideas and suggestions to SOURCE (collectively, “Suggestions”). If you provide any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
Our Privacy Policy located here (“Privacy Policy”), describes our collection, use and disclosure of personal information in connection with the Website and the App. Our Privacy Policy is expressly incorporated into these Terms of Use, and by using the Website or the App you agree to the collection, use and disclosure practices in our Privacy Policy.
If you download the App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), then you acknowledge and agree that:
- These Terms are concluded between you and us, and not with the App Provider, and that we (not the App Provider), are solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection and/or similar legislation.
- In the event of any third-party claim that the App or your possession and/or use of that App infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Our Website may contain links to websites that are owned and controlled by third parties that are not within SOURCE’s control, which are for your convenience only. The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites. We are not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.
YOUR USE OF THE WEBSITE AND THE APP, CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE AND THE APP IS AT YOUR OWN RISK. THE WEBSITE AND THE APP, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE AND THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER SOURCE NOR ANY PERSON ASSOCIATED WITH SOURCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER SOURCE NOR ANYONE ASSOCIATED WITH SOURCE REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE APP, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR APP, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE APP, OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND THE APP SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE, THE APP, OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR THE APP OR ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE WEBSITE OR THE APP AND THE CONTENT.
IN NO EVENT WILL SOURCE, 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, THE WEBSITE, THE APP, ANY WEBSITES LINKED TO EITHER, ANY CONTENT ON THE WEBSITE OR THE APP OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE, THE APP, 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 FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold SOURCE (and its affiliated companies, contractors, employees, directors, officers, licensors, and agents) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Website or the App; (ii) any violation of applicable law or the rights of any other person or entity by you; or (iii) any breach or violation by you of these Terms of Use.
We operate the Website from the United States of America. If you choose to access the Website or the App from outside of the United States, you are responsible for complying with applicable local laws.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A provision of these Terms of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms of Use shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Use.
These Terms of Use are governed by the laws of the State of Arizona without giving effect to any principles of conflict of law.
All feedback, comments, requests for technical support and other communications relating to the Website or the App should be directed to contact@source.co.