Quench USA, Inc. (“Quench”) controls and operates the Internet website located at www.quenchwater.com (the “Site”) and online features, services and/or programs offered by us, including, but not limited to, our mobile applications, payment portals, including portal.quenchwater.com, and blogs (each, a “Web Property” and collectively with the Site, our “Web Properties”). Please read the following Terms of Use (“Terms”) carefully before accessing our Web Properties. Use of our Site and any Web Properties constitutes your unconditional agreement to follow and be bound by these Terms of Use (“Terms”), which we may update from time to time. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following the posting of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future.
BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH QUENCH REGARDING YOUR USE OF THE WEB PROPERTIES AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE, INCLUDING ANY MODIFICATIONS MADE AS OF THE DATE OF YOUR USE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.
Forward-Looking Statements: The Web Properties may contain express or implied forward-looking statements, which are based on current expectations of the Quench management team. These statements are neither promises nor guarantees, and are subject to a variety of risks and uncertainties. Quench assumes no obligation to update any forward-looking statements appearing on the Web Properties in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
Content and Updates: Quench may make improvements and/or changes to the Web Properties at any time. Although we attempt to periodically update information on the Web Properties, the information, materials, services, documents, images, graphics, logos, design, audio and video (“Content”) provided on or through the Web Properties may occasionally be inaccurate, incomplete or out of date. Quench does not have a duty to update information contained in the Web Properties, and Quench will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any Content on the Web Properties, and we undertake no obligation to update or revise the Content, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in the Web Properties before relying upon it.
Links to Third-Party Websites: Quench may have arrangements with certain third-party website owners, which allow us to place a hyperlink (a “Link”) or a banner advertisement (“Banner Ad”) on a third party’s site (“Third-Party Site”), and allows the third party to place a Link or Banner Ad on our Site or other Web Properties. Please note that Quench is not affiliated in any way with these third parties or the Third-Party Sites, and that if you click on a Link or Banner Ad containing a Link to a Third-Party Site, once you have left the Quench Web Properties, Quench has no further control over the content and materials that you will be viewing on the Third-Party Site. We are not responsible for the content, accuracy, or opinions expressed on any Third-Party Site. We will not, and are under no obligation to, investigate, monitor or check the Third-Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third-Party Site that is placed on our Web Properties does not imply approval or endorsement of the Third-Party Site. If you decide to leave the Web Properties and access a Third-Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third-Party Sites.
Communication and Privacy: By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on our Web Properties, including through our Portal (as defined below). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at https://portal.quenchwater.com/privacy-policy .
Intellectual Property: The Web Properties contain material that are the property of Quench, and that are protected by United States and international copyright, trademark, and other intellectual property laws. All content posted on the Web Properties is the sole and exclusive property of Quench. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from the Site or any other Web Properties, including code and software underlying the Site, without our prior permission. You may download content from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any unauthorized use of content terminates the foregoing license rights. Links to our Web Properties may not suggest or imply that Quench endorses or supports the linking site, its sponsors and/or its advertisers, unless prior written permission to indicate any such endorsement or support has been granted by Quench.
Disclaimer: THE WEB PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUENCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUENCH DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE WEB PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEB PROPERTIES, OR THE SERVERS THAT MAKE THE WEB PROPERTIES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability: Under no circumstances shall Quench be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete or delayed transmissions, arising from your use of or inability to use the Site, other Web Properties, or Links made available on the Site even if Quench has been advised of the possibility of such damages. You specifically acknowledge and agree that Quench is not liable for the conduct of any user. If you are dissatisfied with the Site or any of the Web Properties, or the content or services provided thereon or with these Terms, your sole and exclusive remedy is to discontinue using the Site, Web Properties, content or services, as applicable. You agree to indemnify, defend and hold harmless Quench and all of its directors, officers, employees and agents from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys’ fees arising from or related to any breach by you of these Terms or applicable law, your negligent or willful act or omission while using the Web Properties, or your infringement of the intellectual property rights of Quench or any third-party content provider.
Portal: In order to be able to access the information offered on our customer portal, located at portal.quenchwater.com (the “Portal”), you may need to use a specific user ID, email address or other login information, such as a password (collectively, “Login Information”). You must not disclose your Login Information to any person or otherwise allow any person to access the Portal using your Login Information. Upon learning of unauthorized use of your Login Information or unauthorized access to your Portal account, you will immediately notify Quench and take mitigating steps to prevent further unauthorized access or use of your Portal account and/or Login Information, including, but not limited to, changing your password. You must not access or use the Portal for any purpose that is unlawful or prohibited by these Terms. You must take your own precautions to ensure that the way you choose to access the Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your own computer system that arises in connection with your use of the Portal, the other Web Properties or any linked site. We may from time to time require that you use the Portal to make payments related to your account. Access to this Portal may be terminated at any time by Quench without notice. These Terms of Use will nevertheless survive any such termination.
Auto-Pay: Use of automatic payment services constitutes your understanding and unconditional agreement to these Terms. If you enroll in an automatic credit card billing or automatic payment through The Automated Clearing House (“ACH”), you authorize Quench to charge or place holds on the credit card or financial institution account number you provide to us, without requiring a signed receipt. You certify that you are the owner or authorized user of the payment method, you authorize Quench to store this information, and you authorize Quench to automatically charge the amount of your bill(s) and to charge any amounts outstanding if you cancel Quench services. You acknowledge that you are responsible for keeping your payment information up-to-date and accurate.
Payment for fees and charges shall be made in accordance with the billing cycle established by Quench. All payments due will automatically be deducted from your designated payment method. You agree that Quench is not responsible for any insufficient funds or other charges you might incur as a result of any attempts to charge or place holds on your credit card or to transfer funds. When payment is made by credit card, payment may also be subject to the terms and conditions established by the credit card issuer and third-party payment processor, which are not under Quench’s control. We may from time to time require that you use the Auto-Pay to make payments related to your account.
To enroll in automatic payment, you will log into the Portal using your Login Information, navigate to the “Billing and Invoices” section and click to “Enroll in Autopay.” Once you enroll in automatic payment, the system may take 24 hours to process the request. After you are enrolled, all invoices will be processed through automatic payment. This will continue until either you unenroll or the payment method on file is declined. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, Quench may, at its discretion, suspend or terminate services until such time as compliance is achieved.
To cancel automatic payments, go to Quench Customer Portal, login, navigate to the “Billing and Invoices” section, and select un-enroll in Autopay. This request should be processed within twenty-four hours after submission. If an invoice posts within said twenty-four hour period, the invoice will still be paid automatically.
Security: Quench shall take reasonable measures to safeguard the security and confidentiality of your payment information. However, you acknowledge that the security of electronic transactions is subject to inherent risks, and Quench shall not be liable for any unauthorized access or breaches of security that may occur.
Representations and Warranties: By using the Portal or any other Web Properties, you represent and warrant that you are at least 18 years old, and that you will not use the Portal or any Web Properties for any fraudulent, unlawful or abusive purpose.
Termination of Service: We may terminate your right to access portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
Remedies: You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
Governing Law: You agree that all matters relating to your access to, or use of, our Web Properties shall be governed by the laws of the Commonwealth of Pennsylvania.
Local Laws: We make no representation that the materials on the Web Properties are appropriate or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
Miscellaneous: Quench’s failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of these Terms is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and remain enforceable between the parties. These Terms do not limit any rights that Quench may have under trade secret, copyright, patent or other laws.
Contact: If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
Quench USA, Inc., 630 Allendale Road, Suite 200, King of Prussia, PA 19406
Sales 855-413-3442
Customer Service 888-554-2782
Last Updated: January 10, 2024
