Privacy Policy
Last updated April 26,2023
INTRODUCTION
We are Waterways app, LLC (“Company,” “we,” “us,” “our”), a Colorado limited liability company. We operate the website https://waterwaysapp.com (“Website”) and the mobile application: Waterways app (the “App”), which promotes user relaxation and emotion-regulation through interactive drawing-play (the “Services”). In some places, this agreement refers to the Website, the App, or our Services separately; however, references to accessing and using the Website, the App, or our Services should be interpreted to include the access to and use of any or all of these as the context requires.
These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity or a minor (“you”), and the Company, and apply any time you access and use the App.
These Terms also include any End User License Agreements (“EULA”) and our Privacy Policy as updated from time-to-time, which are expressly incorporated into and made part of these Terms (collectively, the “Legal Terms”). You agree that by using the App, you have read, understood, and agreed to be bound by these of these Legal Terms.
We recommend that you print a copy of our Legal Terms for your records.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. CHANGES TO OUR LEGAL TERMS
We reserve the right to make changes to our Legal Terms at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the App or the Website, you should review the current Legal Terms. You can determine when our Legal Terms were last revised by referring to the “Last Updated” legend at the top of any Legal Terms document. We may also provide you with prior notice of any scheduled changes to the App you are using. Any modified Legal Terms will become effective upon posting or notifying you by waterwaysapp1@gmail.com, or as stated in the email message.
By continuing to use our Website, the App, and/or our Services after the effective date of any changes, you agree to be bound by the modified terms.
2. USE OF OUR SERVICES
a. Generally. The App is for sale through one or more online App Distributors (defined below) for a one-time fee. We allow our App to be used by children under the age of eighteen (18) years old with permission from a parent or legal guardian. If you give permission to your child or children to use the App, you recognize that you are fully responsible for: (i) all online conduct of such child/ren; (ii) controlling your child/ren’s access to the App and use of the Services; and (iii) the consequences of any misuse by the child/ren.
b. Purchase Terms. The purchase of our App is through one or more online App Distributors (defined below). By purchasing the App, you represent and warrant that you are of legal age to enter into the transaction, that you will provide accurate and truthful information, that you are the authorized user of the payment method you use, and that the payment method has sufficient funds to pay for the App. Your purchase of the App is also governed by the App Distributor’s terms. The Company is not responsible for unauthorized purchases. We reserve the right to cancel any payments or discontinue your access to the App and our Services if you break any of these purchase terms or our Legal Terms.
c. Children’s Online Privacy Protection Act Disclosure. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13) years old. Neither our App nor our Website collects any personally identifiable information from children.
If you are a parent or guardian of a user of our App or Services who is under thirteen (13) years old, and you believe that we have collected personally identifiable information about a user who is under thirteen (13) years of age, you may contact us at any time to ask that (i) we stop collecting Personal Data from such user, (ii) we delete any Personal Data already collected from such user (although note that we may further retain information in an anonymous or aggregated form where that information would not identify such user personally), or (iii) we stop disclosing Personal Data collected from such user to third parties, but continue to allow for collection and use of Personal Data collected from such user in connection with the Services.
3. INTELLECTUAL PROPERTY RIGHTS
a. Trademark and Copyright. We are the owner or the licensee of all intellectual property rights in our Website, App and Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
b. No Warranty and License. The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only. Your use of our App and Services is subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to: use the App, access the Services; and download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
c. Permission and Attribution. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: waterwaysapp1@gmail.com If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
d. Rights Reserved. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
4. USER REPRESENTATIONS
By using the App and our Services, you represent and warrant that:
a. all registration information you submit will be true, accurate, current, and complete;
b. you will maintain the accuracy of such information and promptly update such registration information as necessary;
c. you have the legal capacity, and you agree to comply with these Legal Terms;
d. you are not a minor in the jurisdiction in which you reside;
e. if you are a minor, you have permission from your parent or legal guardian; parents and guardians: you have given permission to your minor child/ren;
f. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
g. you will not use the Services for any illegal or unauthorized purpose; and
h. your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
5. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
6. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by a EULA, the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
7. PROHIBITED ACTIVITIES
You may not access or use our Website, the App or the Services for any purpose other than that for which we make these available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the App and the Services, you agree not to:
a. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
c. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
d. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
e. Use any information obtained from the Services in order to harass, abuse, or harm another person.
f. Make improper use of our support services or submit false reports of abuse or misconduct.
g. Use the Services in a manner inconsistent with any applicable laws or regulations.
h. Engage in unauthorized framing of or linking to the Services.
i. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of App or the Services.
j. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
k. Delete the copyright or other proprietary rights notice from any Content.
l. Attempt to impersonate another user or person or use the username of another user.
m. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ( “gifs” ), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms” ).
n. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
o. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
p. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
q. Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
r. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
s. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
t. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses .
u. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
8. MOBILE APPLICATION LICENSE
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.
a. Prohibited App Uses. You shall not:
i. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
ii. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
iii. violate any applicable laws, rules, or regulations in connection with your access or use of the App;
iv. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
v. use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
vi. make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
vii. use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
viii. use the App to send automated queries to any website or to send any unsolicited commercial email; or
ix. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
b. Apple and Android Devices. The following terms apply when you use the App obtained from either the Apple, Inc. App Store (“App Store”) or the Alphabet, Inc., Google Play (“Google Play”) services (each an “App Distributor” ) to install the App and access the Services:
i. the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
ii. we are solely responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
iii. in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
iv. you represent and warrant that:
A. you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and
B. you are not listed on any US government list of prohibited or restricted parties;
v. you must comply with applicable third-party terms of agreement when using the App, e.g. , if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and
vi. you acknowledge and agree that the App Distributors and each their respective subsidiaries are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
c. App Distributor Terms. We may make the App available through either the App Store or Google Play. By downloading and using the App, you are also agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
a. monitor the Services for violations of these Legal Terms;
b. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
c. in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
d. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States . If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States ,then through your continued use of the Services, you are transferring your data to the United States , and you expressly consent to have your data transferred to and processed in the United States.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
a. Notifications. We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
i A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services;
iii identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
v 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
vi 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 upon.
b. Counter Notification. If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counternotification to us using the contact information provided below (a “Counter Notification” ). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
i identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
ii a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
iii a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
iv your name, address, and telephone number;
v a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
vi your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Filing a false Counter Notification constitutes perjury. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANYTIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado , without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
b. Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org . Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Denver, Colorado. To the extent allowable by applicable law, all negotiations, proceedings, findings and awards shall remain confidential.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Denver, Colorado, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts .
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
c. Time to Bring a Claim. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.
d. Class Action Waiver. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
i no arbitration shall be joined with any other proceeding;
ii there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
iii there is 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.
e. Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
i any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
ii any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
iii any claim for injunctive relief.
f. Severability. If any part of this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
17. DISCLAIMER
THE WEBSITE, THE APP AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, APP AND SERVICES, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (f) OUT OF DATE OR MISDIRECTED WEBLINKS, AND/OR (g) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
OUR WEBSITE, APP AND SERVICES ARE LOCATED IN THE UNITED STATES AND ARE NOT INTENDED FOR DISTRIBUTION OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW, REGULATION, OR WHICH WOULD SUBJECT US TO ANY REGISTRATION REQUIREMENT. PERSONS ACCESSING OUR WEBSITE, APP OR SERVICES FROM OTHER LOCATIONS ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR OWNERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PURCHASE THE APP.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective owners, members, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
a. your use of the App and our Services;
b. your breach of these Legal Terms;
c. any breach of your representations and warranties set forth in these Legal Terms;
d. your violation of the rights of a third party, including but not limited to intellectual property rights; or
e. any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, using the App and our Services, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
24. CONTACT INFORMATION
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
waterwaysapp1@gmail.com
Service of process may be sent to our registered agent:
Waterways LLC Attn: Alisa Adams
P.O. Box 1523
Salida, CO 81201