Last Updated: 1/25/2021
1.General Use and Restrictions
1.2 Use of Content. You may print a single copy of any information displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, provided that you:
(a) do not remove any notices or other information contained on such Content, and
1.3 Restrictions. Other than printing a single copy of particular Content as provided in Section 1.2 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform or display any Content without first receiving our express written permission. You further agree not to, without first obtaining our express written permission:
(a) use any of our trademarks as metatags on other web sites,
(b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others,
(c) display any part of the Site in frames (or any Content via in-line links), and/or
(d) use or access, or attempt to use or access, any portion of the Site for which you are not given access by us.
You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any date mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
2.1 Registration. If we issue a username and password to you in connection with your use of the Site or any portion thereof (an “Account”), you will be considered a Registered User. Certain portions of the Site may be accessible only to Registered Users. If you are a Registered User, you may not authorize, permit, or otherwise allow any third party to access and/or use your username, password, or Account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree to notify us immediately of any unauthorized use of your username, password, or Account. If, notwithstanding the foregoing obligations, you allow another party to use your Account, you will be responsible for all use by the party using your Account.
2.3 Termination/Suspension of the Site. We may, in our sole discretion, terminate or suspend your Account and/or your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
3. User Information
3.2 Feedback. If you provide any comments, ideas, know-how, instructions, suggestions, information, and/or other feedback to us regarding the Site or any application available on the Site (collectively, “Feedback”), such Feedback shall be owned exclusively by Waterway. To the extent you have or obtain any intellectual property right in or to any Feedback, you shall be deemed to assign all right, title and interest therein, if any, to Waterway as of the date such right first vests in you.
3.3 Removal of User Information. You acknowledge that Waterway has no obligation to pre-screen content contributed to the Site. However, Waterway has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any content, including your User information, that is available via the Site. Without limiting the generality of the foregoing, Waterway may edit or remove any User Information you submit to the Site that Waterway, in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable, and you waive any moral rights you may have with respect to changes in the User Information. We are not responsible for maintaining your User Information and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.
3.4 Limitations. You agree not to provide User Information that:
- contains vulgar, profane, abusive, or hateful language, epithets or slurs, texts or illustrations in poor taste, inflammatory attacks of a personal, racial, or religious nature, or expressions of bigotry, racism, discrimination or hate; or
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
iii. violates or infringes any right of Waterway or any third party, including without limitation any privacy, trademark, copyright, or other intellectual property right, or will otherwise cause injury to any third party, or
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
- violates any municipal, state, or federal law, rule, regulation, or ordinance, or attempts to encourage evasion or violation thereof; or
- unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or
vii. advertises, promotes, or offers to trade any goods or services; or
viii. includes or transmits viruses or other harmful, disruptive, or destructive files; or
- disrupts, interferes with, or otherwise harms or violates the security of the Site, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or affiliate or linked sites; or
- “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
4. Linking and Third Party Dealings.
4.1 Links to External Sites. We may provide hyperlinks to other web sites and Internet resources operated by parties other than Waterway. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation, or
endorsement of the material on such web sites or with their operators. You agree that Waterway is not responsible or liable for any content, advertising, or other materials available through the third-party web sites, and that Waterway is not responsible or liable, directly or indirectly for any damage or loss caused to you by your use of or reliance on any content, goods or services available through the third-party web sites and internet resources.
4.2 Linking to the Site. Subject to the further provisions of this Section 4.2, we welcome links to the Site from other web sites. If we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
5. Intellectual Property
5.1 Waterway Intellectual Property. Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Waterway and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in
5.2 Digital Millennium Copyright Act Notice. Waterway respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner’s copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Owner’s agent for notice of claims of copyright infringement on the Site can be reached as follows: firstname.lastname@example.org.
6. No Warranties.
6.1 Warranty Waiver. The Site is provided on an “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” basis. We assume no liability or responsibility for any errors or omissions in respect of the Site including, without limitation, any errors or omissions with respect to any Content. You acknowledge and agree that you assume sole responsibility for ensuring that all Content is accurate and up to date. Further, we do not represent or warrant that any aspect of the Site will work properly or will be continuously available. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS, VENDORS, AND PARTNERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, RO ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.
8. Limitation of Liability.
PERIOD IMMEDIATELY PRIOR TO THE DATE THE APPLICABLE CLAIM FIRST ARISES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
9.1 Release. In the event that you now or hereafter have a dispute with any person or entity arising from your use of the Site, you release Waterway (and its officers, directors, agents, affiliates, suppliers, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such dispute.
10. Modifications to the Site.
10.1 Waterway’s Right to Modify. For the avoidance of any doubt, we may modify, suspend, discontinue, and/or restrict the use of all or any portion of the Site (including without limitation any Content contained on the Site) at any time for any reason (or for no reason at all) and without notice or liability.
12. Governing Law and Jurisdiction.
12.1 Dispute Resolution.