Welcome to Raised Water Research (“RWR”). These Terms of Use (“Terms”) govern your use of RWR’s website and all digital products and services (collectively, “Services” or “Service”) from RWR. These Services are provided either directly by RWR and its subsidiaries (“we”, “us”, “our”) or through various third party platforms and devices (e.g., mobile, tablet, and widgets). By clicking Create Account, Register or similar button or icon, connecting to RWR through a third party such as Facebook or by accessing, browsing, or using these Services in any manner, you agree to be bound to these Terms and our Privacy Policy. All references to “you” or “your,” as applicable, mean the person who accesses and uses RWR in any manner. RWR reserves the right to deny access to any person who violates these Terms.

We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Service and by continuing to use the Service you agree to any changes. The date on which these Terms were last modified is set forth at the end of these Terms.

These Services are controlled and operated by RWR from its offices within the United States of America. RWR makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.

As is further explained below, you should be aware that the material that appears on our Services are for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on all our digital products and Services are designed for convenience only, and do not constitute an endorsement by RWR of that site or company, or any product, service or other material offered on that site or by that company.

Except as otherwise set forth in these Terms, as between you and RWR, all intellectual property rights in and to the Services, including without limitation all copyrights, trademarks, images, website design elements, text, graphics, logos, buttons, icons, Materials, other content, the presentation, selection and arrangement thereof, and all software is the intellectual property of and belongs solely to RWR. No rights or interest in or to any of the foregoing are transferred or granted to you pursuant to this Agreement, except as follows: RWR hereby grants you a revocable, non-transferable, non-sublicensable, limited license to access and use the Services, and the Material and Content therein, solely for personal and non-commercial purposes, in the method and manner approved by RWR from time-to-time subject to these Terms and all other applicable policies, requirements, and agreements from RWR or its licensors. You are not permitted to transfer, publish, or otherwise make available to any third party any Material (including without limitation Material downloaded or otherwise accessible or received from RWR) without RWR’s prior written consent.

You are solely responsible for, and RWR will have no obligation with respect to, the software and services you use to access the Services and all costs and expenses related thereto, including without limitation any operating systems, web browsers, media players, codecs, internet connections, and other software or hardware. You will not access or use the Services in a way which violates any agreement or terms and conditions between you and any third party.

THIRD-PARTY PAYMENT SERVICES

If you access the Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement. From time to time, we may use a third party not affiliated with us to process payments for the Service (a “Third Party Processor”). You agree that this Third-Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third-Party Processor, you may be subject to additional terms of use/service and privacy policy(ies) of the Third-Party Processor.

COPYRIGHT AND LIMITATIONS ON USE

This Agreement is personal to you, and you may not assign your usage rights to anyone or share your RWR Account with anyone. Through providing the necessary information, such as email address and password, during the sign-up process, you create an account (“RWR Account”). Each RWR Account is limited to access by only one user. All usernames, passwords, and other credentials (“Credentials”) used in connection with the Services shall be the sole property of RWR, and RWR may disable access or use of such Credentials at any time in accordance with this Agreement. You are responsible for the security of your Account and the Credentials and will immediately notify RWR of any unauthorized access or use thereof. You cannot share your user name, password or other Credentials with anyone, unless otherwise agreed to by RWR. THE NUMBER OF DEVICES THROUGH WHICH YOU MAY ACCESS YOUR ACCOUNT IS LIMITED AND MAY CHANGE FROM TIME TO TIME AT OUR DISCRETION. RWR may, at any time in its sole discretion, discontinue or change: the Services, including without limitation RWR Services; any Content, Materials, features, functions, data, information, or software offered or available through the Services or from RWR; or the availability of the Services, without notice to you. You may cancel your subscription at any time. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) accessible on or available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, copy, reproduce, create derivative works from, publish, distribute, re-transmit or otherwise provide access to the Content received through the Services to anyone.

OWNERSHIP OF MATERIALS

Except as otherwise noted, the information and/or software within and available through RWR (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the “Materials”) are the exclusive property of RWR or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be accessed, copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without RWR’s prior written permission. Except as expressly provided herein, RWR grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our Services in any manner other than that described in this agreement, please contact us at contact@raisedwaterresearch.com .

CONTENT RIGHTS; USER GENERATED CONTENT

As a RWR account holder you may, or any other account holder at RWR may, submit content (“User Content”) to the Service, including without limitation videos, photos, and user comments. You understand that RWR does not guarantee any confidentiality with respect to any User Content you submit.

You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit and license such User Content as set forth herein; and you license to RWR all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.

For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to RWR, you grant RWR an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and RWR’s (and its successors’ and affiliates’) business, including without limitation for promoting, selling, and redistributing part or all of the Service or User Content (and derivative works thereof) in any formats and through any channels. You also hereby grant each user of the Service an irrevocable, non-exclusive, royalty free license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you are perpetual and irrevocable.

You further agree that User Content you submit to the RWR will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant RWR all of the license rights granted herein.

RWR does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and RWR expressly disclaims any and all liability in connection with User Content. RWR does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and RWR will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. RWR further does not permit User Content that contains any defamatory, libelous, pornographic, defamatory, offensive, or otherwise unlawful or immoral content; hate speech; illegal material; exploits minors; depicts unlawful or violent acts; violates our content guidelines, which we may update at our sole discretion; or depicts animal cruelty or violence towards animals. RWR reserves the right to remove User Content and any associated Account without prior notice.

SERVICE SPECIFIC TERMS

RWR or its vendors or licensors may provide certain Services (including without limitation contests, giveaways, and micropages are subject to additional applicable terms and conditions, which will: (a) be posted or accessible on the applicable Service website or application; or (b) be set forth in a separate section of these Terms. These Terms are supplemental to any Service specific terms and conditions provided by RWR. In the event of a conflict between these Terms and Service specific terms and conditions, the Service specific terms and conditions will control with respect to the applicable Service while these Terms will control with respect to all other Services.

YOUR CONSENT

By creating an Account, you are consenting to receive certain communications from us. For example, RWR may send you newsletters about new RWR features, special offers, promotional announcements and customer surveys via email or other methods. You further consent to receiving electronic communications from RWR. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails, authentication matters, and other transactional information) and information concerning or related to our Services. These communications are part of your relationship with RWR and you receive them as part of the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you no longer want to receive certain non-transactional communications from us, simply click on the unsubscribe link at the bottom of our email communications. Please review our Privacy Policy for further detail on our marketing communications.

You agree to maintain on file with RWR a valid email address and regularly (and at least daily) monitor such email address for any communication from RWR.

TRADEMARKS

The marks and any designs associated with any marks on RWR’s website or otherwise in the Services are trademarks and/or service marks of RWR or its licensors. As between you and RWR, RWR retains all rights, interests, and ownership in and to all such trademarks and service marks, and no rights or interest in or to such trademarks or services marks shall be transferred or provided to you. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same by you or any third party, without the prior written permission of RWR, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners and no right in or to the foregoing shall be transferred to you.

CONTEST AND PROMOTIONS

From time to time, we, our advertisers, Suppliers or other parties may conduct promotions and other activities on, through or in connection with one or more the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some case, you may be able to win a prize (“Prize”) as part of a Promotion. Each Promotion will have additional terms and/or rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law. By participating in any Promotion, you agree to be bound by all such additional terms and rules and eligibility requirements in addition to these Terms.

THIRD PARTY WEB SITES, SERVICES AND SOFTWARE

Your use of any third party websites, content, data, information, applications, goods, devices, services, software or materials (collectively, “Third Party Services”) is at your own risk. RWR does not endorse any Third Party Services and makes no representation or warranty with respect to Third Party Services. RWR shall not incur any obligation, responsibility or liability with respect to any Third Party Services and you shall look solely to the applicable third party with respect to all obligations, responsibilities, and liabilities related thereto. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), even if the Services’ or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use. To the extent Third Party Services are embedded or integrated into the Services, they remain subject to the privacy policy, terms of use, and other terms of the applicable third party and by accessing, viewing, or using such Services or content you agree to and accept all such third party terms applicable to the Third Party Services.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless RWR, its subsidiaries, affiliates, licensors, directors, officers, employees, agents, third party information providers, customers, users, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees and expert witness fees) arising out of or related to: your conduct; your use or inability to use the Service; your breach or alleged breach of these Terms or of any representation or warranty contained herein; your unauthorized use of RWR Content; any User Content you provide or which is otherwise submitted using your Account, including without limitation the use, submission, sale, upload, or provision of any image, logo, photograph, or other User Content which infringes on any third party’s intellectual property right or other right; your violation of, or failure to obtain, any license with a third party with respect to any User Content; your fraud, misrepresentation, negligence, or misconduct; or any other action or omission by you which violates or results in the actual or alleged violation of any third party’s rights.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SERVICES AND THE INTERNET GENERALLY, RWR IS PROVIDING THE SERVICES AND ALL CONTENTS, MATERIALS, INFORMATION, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. RWR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, CONTENTS, MATERIALS, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS AND RWR WITH HAVE NO RESPONSIBILITY OR OBLIGATION RELATED THERETO. RWR MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY MATERIALS, INFORMATION, CONTENT, OR USER CONTENT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL RWR (INCLUDING ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY RWR OR ANY THIRD PARTY, EVEN IF RWR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF RWR IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITH RESPECT TO THE THIRD PARTY SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, RWR SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST RWR RELATED TO OR ARISING OUT OF SUCH THIRD PARTY SERVICES AND OTHER PRODUCTS AND SERVICES PROVIDED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER FROM SUCH THIRD PARTY DIRECTLY.

WITH RESPECT TO YOUR OR ANY OTHER PERSONS USER CONTENT OR UPLOADED MATERIALS, RWR SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST RWR RELATED TO OR ARISING OUT OF ANY SUCH USER CONTENT OR OTHER UPLOADED MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE USER PROVIDING SUCH USER CONTENT OR UPLOADING SUCH MATERIALS.

UNDER NO CIRCUMSTANCES SHALL RWR OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INFRINGEMENT, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM: THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT; ANY INFORMATION OR DATA IN THE SERVICES BEING INACCURATE, INCOMPLETE, FALSE, MISLEADING, INFRINGING, OR OTHERWISE DAMAGING IN ANY MANNER; OR ANY USER CONTENT, PHOTOGRAPHS, MATERIALS, OR OTHER DATA PROVIDED BY ANY CUSTOMER OR USER OF RWR OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RWR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE EXTENT RWR HAS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY RWR OR ANY THIRD PARTY, RWR’S MAXIMUM TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) THE FEES PAID BY YOU TO RWR FOR ACCESS TO OR USE OF THE SERVICES OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of RWR’s website, Services, or other products and services, you agree you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

MODIFICATION AND FEEDBACK

RWR reserves the right, but has no obligation, to release new or updated versions of the Services, or otherwise modify or discontinue any Service or portion thereof, at any time and in its sole discretion. Such modifications may include, or disable, certain features, functionality, or content. To the extent you make any suggestions, submit ideas, provide comments or feedback, or otherwise recommend or identify any actual or potential new service or any modification or improvement to a Service to RWR (collectively “Feedback”), you: (a) represent and warranty to RWR that the Feedback and all content therein belongs solely to you and does not infringe on the intellectual property rights or other proprietary interests of any third party; (b) upon sending such Feedback you grant to RWR an irrevocable, worldwide, royalty free, transferable license to the Feedback and all ideas, concepts, and other intellectual property therein; (c) you will have no right or interest in or to any development, software, product, Service, feature, function, or other development by RWR which incorporates all or any portion of the Feedback.

TERMINATION

These Terms are effective until terminated by RWR. RWR may terminate its license provided hereunder (in whole or in part), your Account, or your right to access, use, or participate in the RWR, at any time without notice in RWR’s sole discretion. The license granted to you by RWR under this Agreement with respect to any Material shall be immediately and automatically revoked for such Material upon the earliest of: (a) RWR’s removal of such Material from its website or any other Service; (b) termination of your Account; or (c) notice from RWR of such termination. In the event of termination, you are no longer authorized to access this site, you must immediately securely delete or destroy any Materials that were downloaded or otherwise retained by you, and the following will survive such termination and remain binding upon you: the restrictions imposed on you with respect to the Materials, the disclaimers and limitations of liabilities set forth in these Terms, and your indemnification obligations. In the event of the termination or revocation of the license provided to you hereunder, you must immediately return to RWR and securely delete or destroy any Materials in your possession that were subject to such license. Upon any cancellation or termination of these Terms, your Account, or your access or use of the Services for any reason, RWR will have no obligation to retain or provide to you copies of any User Content or other data or information in your Account, stored by RWR, or otherwise uploaded to the Services.

JURISDICTION; ARBITRATION; MISCELLANEOUS

These Services are created and controlled by RWR or its licensors. The laws of the State of California will govern all terms, conditions and disclaimers on these Services, without giving effect to any principles of conflicts of laws. You and RWR agree that, except as otherwise explicitly set forth herein, all claims, controversies, and disputes arising out of or relating to these Terms, Service specific terms or conditions, the Services, Content, Materials, User Content, or otherwise which are not resolved by negotiation between the parties shall be submitted to binding arbitration in Orange County, California, before a single arbitrator in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service (JAMS). Notwithstanding the foregoing, the following claims, actions, and disputes will not be subject to arbitration and may be brought in permitted state and federal courts: actions by RWR seeking injunctive relief or specific performance; actions regarding the applicability of, enforcement of, or recovery of losses or damages pursuant to any indemnification obligations; and actions brought by RWR to collect unpaid fees. To the extent any claim is permitted outside of arbitration, the exclusive jurisdiction of any such claim or dispute shall be the appropriate state or federal court in Orange County, California. Each party hereby irrevocably waives any right to a trial by jury in connection herewith.

Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of RWR to enforce a right under these Terms will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. These terms, along with any Service specific terms and conditions, represent the entire understanding between you and RWR and supersedes any prior agreements, statements, or representations in any manner or form.

COMMENTS

RWR welcomes your feedback. If you have questions or comments about our policies, feel free to contact RWR Support directly at contact@raisedwaterresearch.com.

These Terms were last updated on October 24, 2019