Terms of Service

 

These terms of service (“Terms of Service”) apply to your use of the Watershed Associates, Inc. Web Site located at WatershedAssociates.com, including any services and features available on or through the Web Site such as blogs, webinars, resources and user communities (collectively, the “Site” or “Web Site” or “Service”). Watershed Associates, Inc. (“WAI” or “Watershed” or “we” or “us”), the publisher of this site, may change the Terms of Service at any time by posting changes on the Site.

 

By visiting and using the Site, you agree to these Terms of Service. You are not permitted to visit or use the Site if you do not agree to these Terms of Service.

 

1. Ownership

Watershed solely and exclusively owns all rights, title and interest in and to the Site, all the content (such as text, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, as well as the look and feel, design, compilation and organization of the site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights. Watershed does not grant you ownership of any content, code, data or materials as a result of your visit, access or use of the Site.

 

2. Limited Use and Orders

You may access and view the content on the Site on your computer or other Internet-compatible device. You may use the content on the Site as information, educational, entertainment, or registration resource. You may make single copies of the content on the Site as long as you include reference to Watershed and it’s ownership of the content on your copy.

 

You may only order services and products if you are 18 years old or older. At the time of your order, you agree to pay in full the prices (and all applicable taxes) for any purchases you make. You also agree immediately to pay any amounts due Watershed If your payment was not received by us. There may be other terms and conditions applicable to your purchase and/or download on or through the Web Site that are presented to you at the time of your purchase or download. You agree to these additional terms and conditions when you complete the purchase or download.

 

Watershed may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time.

 

3. Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Watershed and other owners and may not be used unless authorized by the trademark owner. Watershed will enforce its Trademark rights to the fullest extent of the law.

 

4. Visitor and User Information

Watershed may ask you to provide certain personally identifiable information on the Site. Read Watershed’s Site’s Privacy Policyto understand how your information will be collected, used and protected. Watershed’s Privacy Policy is incorporated into this Terms Of Service. Watershed is not responsible for the accuracy and content of any information you provide.

 

5. Submitted Materials

Absent a written nondisclosure agreement in effect, any information, content, stories, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our online “meetings” and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will not be treated as confidential, and may be used in any manner consistent with Watershed’s Privacy Policy. When you submit Submitted Materials you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights to such Submitted Materials (in whole or in part), and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant Watershed a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. Watershed is not responsible for maintaining any Submitted Materials and may delete or destroy Submitted Materials at any time.

 

6. Conduct Prohibited

Without express written permission from Watershed, you may not commercially distribute, publish, create derivative works from or otherwise exploit the Site, or any content, code, data or materials on the Site. Watershed will enforce its intellectual property rights to the fullest extent of the law.

 

You agree that, while using the Web Site and the Web Site’s various services and features, you will not:

 

a.    impersonate any actual or fictitious person or entity;

b.    misrepresent your affiliation or relationship with any actual or fictitious person or entity;

c.     insert advertising, branding or other promotional content into any of the Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Watershed or otherwise through the Web Site);

d.    redistribute, republish or exploit the Site’s content and services for any commercial or promotional        purposes;

e.    seek or obtain unauthorized access to computer systems, materials, databases, features, or other       information or any services through the Site;

f.     engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses wireless addresses or other contact or personal information;

g.    misuse the Site with the intent to interrupt, damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site;

h.    send mass unsolicited messages or “flooding” servers with requests;

i.     use the Web Site in violation of Watershed’s or any third party’s intellectual property or other proprietary or legal rights or in violation of any law;

j.      seek to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Site; or

k.     seek to obtain or obtain any content or information that Watershed did not intentionally make publicly available through the Site.

 

8. Online Communities

Watershed may develop online communities such as message boards, chat rooms, bulletin boards, blogs, and other public forums on the Web Site. Do not disclose any sensitive, personal, proprietary or confidential information in your comments or other submissions to Watershed’s online communities.

 

You are not permitted to upload, post, transmit, distribute or otherwise publish through the Site, including through Watershed’s online communities, any materials which:

 

  • restrict or inhibit any other user from using the Web Site;
  • are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or are otherwise objectionable to Watershed, in its discretion;
  • give rise to a criminal offense or civil liability;
  • violate the law;
  • transgress, violate, plagiarize or infringe the rights of others, including copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other rights;
  • contain a virus, spyware, or other harmful component;
  • contain embedded links, advertising, chain letters or pyramid schemes; or
  • constitute or contain fraudulent, false or misleading indications of origin, endorsement or statements.

 

9. Right to Monitor

Watershed reserves the right but assumes no obligation to monitor any materials posted or submitted to the Blog or the Web Site. Watershed is not responsible for any materials posted or submitted by users. Watershed may disclose information necessary to assist any law, regulatory or government request.

 

10. Editorial Control

Watershed may edit, refuse to post, delete or remove any information or materials submitted that in our sole discretion are objectionable or in violation of these Terms of Service, our policies or the law.

 

11. Links to and from the Web Site

Watershed retains discretion to have any links to the Website discontinued. By use of this Website, you agree to discontinue any linking when requested by Watershed. You agree that Watershed does not endorse and is not responsible for any information, content, products, services, advertising, code or other materials which you access through links to or from this Site.

 

12. Copyright Concerns

We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been unlawfully infringed, please send to Watershed’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), the following information:

 

  • Your phone number with country and city code, and your street and email addresses;
  • A description of the copyrighted work that you believe has been infringed;
  • Location of the alleged infringing material;
  • A signed statement by the Copyright owner or owner’s agent of the owner’s good faith belief that the use of the alleged infringing material is not authorized;
  • A statement made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Send to: [email protected].

 

13. Disclaimer of warranties

Watershed provides the Site and its services "as is" and "as available.” Watershed does not provide any express or implied warranty of any kind or any guarantees regarding accuracy, access, advice, availability, content, completeness, data, data processing, information, outcomes, precision, results, thoroughness, uninterrupted uptime, or usefulness of the Site or its contents. Watershed does not provide and disclaims any express or implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Nor does Watershed guarantee the correctness, exactness, or completeness of any information on the Site. You agree that Watershed is not responsible for nor will we be liable for any inaccuracy or omission concerning any of the information provided on the Site.

 

Watershed reserves the right to change any of the information provided on the Site at any time and without any prior warning. You agree to not hold Watershed liable for any inaccuracy or omission concerning any of the information provided on the Site.

 

14. Indemnification

You agree to make Watershed whole for any expenses it incurs as a result of your misuse of the Website. You agree to defend, indemnify and hold Watershed and its agents harmless from all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from your visit or use of the Site. Watershed reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Watershed’s defense of the matter.

 

15. Liability and Damage Limitations

Watershed and its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) are not responsible or liable for any damages to your accounts, deals, agreements, or decisions, or for viruses that may infect your computer, as a result of your visit, access, or use of the Site or Watershed’s products, resources and services. If you are not satisfied with the Site, your sole remedy is to stop using the Site.

 

The protected entities are also not liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.

 

The protected entities are not liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site, your submission of information via the site, lost business or lost sales, even if the protected entities have been advised of the potential for damages. Where a jurisdiction does not recognize a limitation or exclusion of liability for incidental or consequential damages, some limitations may apply to some users.

 

In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of service or your use of the Site exceed, in the aggregate, the amount, if any, paid by you to Watershed for your use of the Site or purchase of products via the Site.

 

16. Applicable Laws

Watershed operates the Site from its offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Service waive their respective rights to a trial by jury.

 

The Terms of Service and the relationship between you and Watershed shall be governed by the laws of the United States and the District of Columbia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be filed and heard in the appropriate court in the District of Columbia. Watershed’s failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should strive to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

 

17. Termination of User’s Access

Watershed may restrict, impose limits on, suspend or terminate your access to the Site and/or its services or features (e.g., our blog(s)) if we believe you have violated our Terms of Service or applicable law, or for any other reason without notice or liability. Watershed maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

 

18. Information

The information on this website is intended as background information and practical advice. No information on this website should be construed as legal advice or legal opinion on any topic. Watershed recommends visitors contact expert counsel for legal advice.

 

19. Changes to Terms of Service

Watershed reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.

 

Terms of Service was last modified on March 1, 2015

 

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