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The following Website Terms and Conditions Agreement (the "Agreement") governs your use of the 
Fitz Water Wheel's Website. 

1. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the website are owned by the Waterwheel Factory Company, as applicable to the full extent provided under the United States Copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents. The information contained in references herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements is strictly prohibited, without the prior written consent of the Waterwheel Factory Company. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Waterwheel Factory Company is prohibited.

2. Links
This site may contain links to other Internet sites. These links are not under the control of the Fitz Water Wheel Website , and this website is not responsible for the contents of the Linked Site. The inclusion of any such Links is not an endorsement by this website in favor of any company offering, products or services. Other sites may link without prior permission to the home page of the Fitz Water Wheel site only through a plain-text link. Permission must otherwise be granted by us for any other type of link. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to any Website, and to require termination of any link, for any reason in our sole and absolute discretion.

3. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through this site that:
(a) is copyrighted,
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant the Waterwheel Factory Company the rights and licenses set forth in this Agreement;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law as determined by this website in their sole discretion;
(e) is sexually-explicit;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
(h) take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
(i) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
(j) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Service to harvest or otherwise collect information from the Service to be used for any commercial purpose;

You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.

4. Limitation of Liability
IN NO EVENT WILL THIS WEBSITE OR THEIR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY WEBSITE LINKED TO THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL THE Fitz Water Wheel OR THEIR AFFILIATES OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF Fitz Water Wheel OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL Waterwheel Factory Company TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE DOLLAR ($1.00).

5. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Western District of North Carolina or, for matters not susceptible of adjudication in the federal courts, the courts of the State of North Carolina in Macon County, in all disputes arising out of or relating to the use of this Service.

6. United States Jurisdiction
The Service is operated in the United States of America. We do not represent that content or materials presented on the Service are appropriate or available for use in other locations. If you access the Service from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.

7. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and creator of tthe Fitz Water Wheel website and governs your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and THIS WEBSITE'S CREATOR. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Service changes to this Agreement, or by a subsequent writing signed by Waterwheel Factory Company.

8. No Waiver
The failure of Waterwheel Factory Company to enforce any provisions of this Agreement or respond to a breach by you or shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Robert Vitale

vitale@waterwheelfactory.com