Terms of Use

Please read these terms of use (“Terms”) carefully before using this Web site.

Use of this Web site indicates your agreement to and acceptance of these Terms. If you do not accept these Terms, you are not authorized to use this site.

The Site and its Use

The aquatherm, L.P. (“aquatherm”) Web site is provided by aquatherm and its content is legally protected intellectual property.

For purposes herein, aquatherm, L.P. is referred to as “aquatherm.” The applicable Web site or sites are referred to herein as the “Site.”

Please feel free to browse the Site; however, your access to and use of the Site is subject to the following Terms and all applicable laws:

• You shall use the Site for lawful purposes only.

• You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.

• Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without aquatherm’s prior written approval, contain advertising or any solicitation with respect to products or services.

Any conduct by you that, in aquatherm’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

You may not use the Site in a way that harms aquatherm or aquatherm’s advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors.

The Site contains information and material, including, but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by aquatherm and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under United States Copyright Laws.

aquatherm owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content.

Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution.

This limited authorization is not a transfer of title in the Materials and by your use of the Site you acknowledge that you do not acquire any license, ownership or other rights to the Materials.

Modification of the Materials or use of the Materials for any other purpose is a violation of aquatherm’s or other such sources’ copyright, trademark and other proprietary rights and may violate other laws.

The use of any such Materials on any other Web site or networked computer or environment is prohibited without aquatherm’s express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

aquatherm’s products and literature are protected under national and international patents, trademarks and copyrights.

Disclaimer

THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE.

Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force.

aquatherm does not warranty the accuracy, reliability or completeness of any information contained on this Site. Nor does it warrant or represent that any information may be suitable for use in any circumstance or application. By using this Site you acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk.

aquatherm assumes no responsibility and shall not be liable for damages of any nature caused by the use of this Site. This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing in this Site.

aquatherm GmbH

The Site contains information used with permission from aquatherm GmbH. The text has been modified for distribution in Canada and the United States by aquatherm L.P. The text has been translated and edited for greater clarity and the data has been converted from metric to imperial units. Some content has been added to address issues specific to North America. As such, aquatherm GmbH assumes no responsibility for these modifications, and assumes no liability for any problems that may arise from them. In addition, aquatherm L.P. does not warrant the accuracy, reliability or completeness of any information contained herein. In the case of discrepancies between this website and its materials and any information published or produced by aquatherm GmbH, the material published by aquatherm GmbH shall be considered the authoritative source.

Third-Party Sites

aquatherm may provide, as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-aquatherm Web site does not mean that aquatherm endorses or accepts any responsibility for the content, or the use of such Web site.

If you use these sites, you do so at your own risk. aquatherm makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web site or the information, or materials appearing, or any of products and services described thereon.

Furthermore, links do not imply that aquatherm is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of aquatherm.

Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of aquatherm.

Limitation of Liability

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Under no circumstances will aquatherm, its suppliers, or other third parties mentioned at, or involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the Site any Web sites linked to the Site, or any materials contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other Web sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not aquatherm was advised of the possibility of such damages.

aquatherm shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.

aquatherm’s obligations and responsibilities regarding its products and services are governed solely by aquatherm’s terms and conditions of sale or license, under which such products and services are sold or licensed.

Copies of such terms and conditions are available from the applicable aquatherm entity.

Safe Harbor

The Materials at the Site may contain various forward-looking statements and which may be based on or include assumptions concerning aquatherm’s operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties.

In connection with the “safe harbor” provisions of the United States’ Private Securities Litigation Reform Act of 1995, aquatherm provides the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.

Such factors include the following:

(1) changes in the current and future business environment, including interest rates and capital and consumer spending;

(2) competitive factors and competitor responses to aquatherm’s initiatives;

(3) successful development and market introductions of anticipated products;

(4) changes in government laws and regulations, including taxes;

(5) unstable governments and business conditions in emerging economies;

(6) continuation of the favorable environment to make acquisitions, domestic and foreign, including regulatory requirements and market values of candidates.

Information Provided By You

It has been and remains aquatherm’s policy not to accept or consider ideas, suggestions or materials other than those that aquatherm has specifically requested from you. Accordingly, aquatherm does not want you to, and you should not, send any confidential or proprietary information to aquatherm through the Site unless specifically requested by aquatherm. Please note that any unsolicited information or material sent to aquatherm will be deemed not to be confidential or proprietary.

By submitting information and material to the Site, you automatically grant to aquatherm (or warrant that the owner of such information and material has expressly granted to aquatherm) a royalty-free, perpetual, irrevocable, unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that aquatherm is free to use any ideas, concepts, know-how, or techniques that you send aquatherm for any purpose.

As further provided above, aquatherm does not want to receive, and you are deemed to agree through the use of the Site not to provide, any information or materials to aquatherm that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload, post, or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s).

You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Changes

aquatherm reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, aquatherm is under no obligation to update Materials.

aquatherm may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change aquatherm makes to the Site will be considered acceptance of those changes.

You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site

Anyone linking to aquatherm’s Site must comply with aquatherm’s guidelines for linking to aquatherm’s Site and all applicable laws.

A site that links to aquatherm’s Site:

• May link to, but not replicate, Web Site content.

• Must maintain the link’s accuracy. (The directory/link names for pages other than the home page may change from time to time without notice and the linking party is responsible for maintaining the link.)

• May display the aquatherm Web Site content in a separate browser window, but should not create a border environment around the Site content or launch the Site in a frame within the linking party’s content.

• Should not imply that aquatherm is endorsing it or its products.

• Should not misrepresent its relationship with aquatherm.

• Should not present false information about aquatherm products or services.

• Should not use any aquatherm logos or trademarks without permission.

• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

Copyright Protection

If you are a copyright owner or an agent thereof, and believe that any content on the Site infringes your copyrights, you may send a notice in writing to aquatherm L.P. Tel: + 1 (801) 805-6657 E-mail: with the following information:

• Your signature as a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the exact location on the Site of copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works as located on the Site;

• The address, telephone number, and e-mail address of the complaining party;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

International Users

The Site is administered by aquatherm L.P. from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country.

The information presented in the Site contains specifically engineered products and services applicable only in the United States and Canada. Use of this information outside of the intended area for the purposes of, including but not limited to, designing, specifying, or installing aquatherm products is strictly prohibited. Consult your local aquatherm business contact in this regard.

Furthermore, aquatherm makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.

You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law

The laws of the State of Utah, U.S.A., excluding its conflict of laws provisions, apply to any dispute about the Site, its content or these Terms. The U.N. Convention on Contracts for the International Sale of Goods doesn’t apply.

Arbitration

You agree to submit any and all claims, demands, disputes, controversies, differences or misunderstandings arising out of or relating to this Agreement, or the failure or refusal to perform the whole or any part hereof, to arbitration conducted in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”), if you are located in the United States, or the International Arbitration Rules of the ICDR is you are located outside the United States, except where those rules conflict with this provision, in which case this provision controls. Arbitration shall be conducted before a single arbitrator unless the amount in dispute exceeds $250,000. If the amount in dispute exceeds $250,000, it shall be decided by three arbitrators, one to be selected by each party and the two party appointed arbitrators to agree upon the third. Under no circumstances are the arbitrators authorized to award damages contrary to the Limitation of Liability clause of this Agreement. The arbitration shall be held in Salt Lake City, Utah, USA. Absent agreement of the parties, or an order by the arbitrator(s) based upon compelling evidence of need, there shall be no discovery in the arbitration. The arbitrators shall be authorized to award costs and attorney’s fees or to allocate them between the parties. Any court with jurisdiction shall enforce this clause and enter judgment on any award.