Terms of Use

Willoughby Industries, Inc. (collectively with its affiliates, “Willoughby Stainless Fountains”, “Willoughby”, “we” or “our”) welcomes you to this website (wsf-usa.com), and other Willoughby websites and online locations (collectively, the “Sites”). Use of the Sites is subject to the following Terms of Use, together with the Privacy Policy (collectively hereinafter “Terms”).

1. Acceptance of Terms of Use

By accessing and using the Sites, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the Privacy Policy, which form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Sites or any of its content.

If you are accessing or using the Sites on behalf of a company, legal entity, association, partnership, organization, or other entity (collectively, “Organization”), you accept and agree to these Terms on behalf of the Organization and you represent and warrant that you have the authority to bind the Organization to these Terms and to make purchases on its behalf. In such event, when these Terms use the words “you” or “your” it will refer to and apply to you and that Organization. If at any time you do not have the authority to bind the Organization to these Terms or make purchases on its behalf, please do not access or use the Sites or any of its content. Even if you are accessing or using the Sites on behalf of an Organization, you agree that you, as an individual, are bound by these Terms and the Privacy Policy.

YOUR ACCESS TO, USE OF, AND BROWSING OF THE SITES AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms are subject to be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Should the Terms be revised, Willoughby will post the changes on this Sites and the new Terms will be effective immediately upon posting. If Willoughby makes any material changes to the Terms, in addition to posting the revised Terms to this Sites, Willoughby will notify you in the manner and to the extent required by law. You can determine when the Terms were last revised by referring to the “Last Revised” date at the top of this page. Each time you access, use or browse the Sites, you signify your acceptance of the then-current Terms.

Willoughby may make changes to the Sites or its contents, products, services, or features at any time. You understand and agree that Willoughby may discontinue or restrict your use of the Sites at any time for any reason with or without notice.

2. Permitted Users of the Sites

The Sites is directed to persons 18 years of age or older. If you are under the age of 18, you are not permitted to submit any personally identifiable information to Willoughby on the Sites or offline. If you provide information to Willoughby through the Sites, you represent that you are at least 18 years of age or of an age to form a legally binding contract and you are not prohibited from receiving services or purchasing products available on or through the Sites under the laws of the United States or any other applicable jurisdiction.

3. Privacy Policy

Please review the Privacy Policy for the Sites, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to access, use or browse the Sites.

4. Permitted Uses

Any content available through the Sites, including without limitation any text, documents, drawings, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, product information, software, and other information and materials (the “Content”) is the sole and exclusive property of Willoughby, its licensors, or other content providers.

The Content is made available for only your personal, noncommercial use, other than with respect to the use of the Sites for entering purchase orders for the Organization you represent as an authorized agent. You agree to abide by any posted limitations relating to the use, reproduction, or dissemination of any Content. Any use of the Sites or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

5. Proprietary Rights

You acknowledge and agree that, as between Willoughby and you, all right, title, and interest in and to the Sites and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Willoughby or its content providers, affiliates, suppliers, vendors, merchants, licensors, or sponsors, and are protected by United States intellectual property and other applicable laws.

Copyright: All Content is the copyright and property of Willoughby or its content providers, affiliates, suppliers, vendors, merchants, licensors, or sponsors, and is protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Sites or the Content other than as expressly authorized by Willoughby in writing.

Trademarks: The trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites are proprietary to Willoughby or its affiliates, suppliers, vendors, merchants, licensors, content providers, or sponsors. Third-party trademarks referenced in the Sites do not constitute or imply affiliation with, endorsement of, or recommendation of Willoughby by the respective trademark owners, or by Willoughby of the respective trademark owners.

6. Your Indemnity of Willoughby

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WILLOUGHBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTENT PROVIDERS, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, AND SPONSORS, BROKERS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “WILLOUGHBY PARTIES”), FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, ACTION, DAMAGE, LIABILITY, PENALTY, FINE, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), WHETHER INCURRED BY OR MADE AGAINST A WILLOUGHBY PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE SITES OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY AVAILABLE THROUGH THE SITES, OR YOUR DEALINGS IN CONNECTION WITH THE SITES, (B) YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITES OR TO WILLOUGHBY; (C) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF WILLOUGHBY OR ANY THIRD PARTY; AND (D) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT OR PASSWORD WHETHER BY YOU OR ANY OTHER PERSON, OR ANY USE OF WILLOUGHBY’S ONLINE ORDERING SYSTEM.

7. Links to Other Websites

The Sites may contain advertisements, postings, and links to websites operated by other parties. The Sites provides these advertisements, postings, and links as a convenience, and your use of other websites is at your own risk. Willoughby is not responsible for their content or privacy practices. Such advertisements, postings or links, or references to other parties’ products or services do not imply Willoughby’s endorsement of information, material, products, or services of any other party or any other website. Willoughby disclaims all liability with regard to your access to and use of any information, material, products, services, or transactions with such linked websites or other parties. You acknowledge and agree that Willoughby is not responsible or liable, directly or indirectly, for any damage, loss, or other claim caused or alleged to be caused by or in connection with, access to, use of, or reliance on any content available on or through any other website or resource.

8. Modifications, Suspension, and Termination

Willoughby reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Sites and its Content, including, without limitation, product parts, prices, and sales terms, or any portion thereof, with or without notice. You agree that Willoughby will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites, its Content, or any portion thereof.

Willoughby reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Content, or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Willoughby shall not be liable to you or any third party for any such suspension, discontinuance, or termination.

9. Disclaimers and Limitation of Liability

WITH THE EXCEPTION OF THE LIMITED WARRANTY AVAILABLE AT WSF-USA.COM FOR CERTAIN PRODUCTS, THE SITES AND ALL CONTENT ON THE SITES IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WILLOUGHBY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND ITS CONTENT IS AT YOUR SOLE RISK.

WILLOUGHBY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WILLOUGHBY AND ALL OF THE WILLOUGHBY PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES OR THE CONTENT, EVEN IF WILLOUGHBY OR ANY OF THE WILLOUGHBY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

10. Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of this service is Willoughby Industries, Inc., 5105 West 78th Street, Indianapolis, IN 46268, 800-428-4065. Complaints regarding the service or requests to receive further information regarding the use of this service may be sent to the above address or to wsf@willoughby-ind.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

11. Products and Services

Unless otherwise prohibited by law, we reserve the right to change or substitute any products or services offered on the Sites, and the prices or specifications of any such products or services, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of products or services described on the Sites, and to decline any purchase. The products or services described on the Sites may be out of date or differ slightly from the actual products or services offered, sold, or provided by Willoughby. Products or services described on the Sites may not be available at all times or in all locations.

12. Payments

By placing an order on the Sites you represent that you have the authority to both place and direct payment for the order. If you are paying for your order via credit or debit card, you represent that you are an authorized user of the credit or debit card, and authorize Willoughby or its designee to charge the credit and debit card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company or bank, so long as the transaction corresponds to the terms provided to you at the time you placed your order.

13. Governing Law and Disputes

Any dispute between you and Willoughby arising out of or relating to these Terms, the Privacy Policy, the Sites, or its Content shall be governed by, and will be construed in accordance with, the laws of the State of Indiana, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in IN, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Sites is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Sites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Willoughby does not represent that the Sites or its Content is appropriate outside the United States of America. Willoughby reserves the right to limit the availability of the Sites for any person, geographic area, or jurisdiction at any time in its sole discretion.

14. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Willoughby’s failure to act with respect to any failure by you or others to comply with these Terms does not waive Willoughby’s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Willoughby with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Sites must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Willoughby, and any assignment or transfer in violation of this provision shall be null and void. Willoughby reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Sites, including without limitation the right to block access from a particular internet address.