1. Terms Related to Your Use of the Waterway Capital Website
Your use of the Waterway Capital LLC Website, including web sites, content, products, and services (referred to collectively as “the Waterway Capital Website” or “the Website” in this document and excluding any services provided to you under any separate written agreement) is subject to the terms of a legal agreement (referred to as the “Website Access Agreement” or the “Agreement”) between you and Waterway Capital LLC, a Commonwealth of Massachusetts company (referred to as “Waterway Capital” or the “Company”). This document sets out the terms of the Agreement.
Unless otherwise agreed in writing, your agreement with Waterway Capital will always include, at a minimum, the terms and conditions set out in this document. The terms and conditions form a legally binding agreement between you and the Company in relation to your use of the Waterway Capital Website.
It is important that you take the time to read all of the documents carefully.
2. Accepting the Terms
You may not use the Website and may not accept the Terms if you are not of legal age to form a binding contract with Waterway Capital, or if you are a person barred from receiving access to the Website under the laws of the United States or other countries including the country in which you are resident or from which you use the Website, or if you have been denied the use of the Website.
You are encouraged to save a local copy of this Agreement.
3. Provision of the Website
You acknowledge and agree that Affiliates of Waterway Capital, including subsidiaries, parent companies, companies under common control with Waterway Capital, and / or companies with whom Waterway Capital has contracted, may provide the Website to you, that the form and substance of the Website provided to you may change from time to time without prior notice to you, and that Waterway Capital may stop (permanently or temporarily) providing the Website (or any features within the Website).
There is no service-level agreement (an “SLA”) with the Waterway Capital Website. You acknowledge and agree that the Website may not be available from time to time due to maintenance or service or network disruptions, and by your use of the Website you agree to hold harmless the Company for any such service interruptions.
4. Use of the Waterway Capital Website by You
You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation in the relevant jurisdiction (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by Waterway Capital unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) any element of the Website through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present in the root directory of the Website.
You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks that host the Website or that are connected with any elements thereof). Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the elements or content of the Website for any purpose. You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that the Company may suffer) of any such breach.
5. Privacy and Your Personal Information
You agree to the use of your data in accordance with the Waterway Capital Privacy Statement and the privacy policies related to other services provided as a part of the Waterway Capital Website. You are encouraged to review these policies prior to using the Waterway Capital Website. You acknowledge that Waterway Capital is not responsible for the privacy or security of any information that you provide to third parties via the Website.
6. Content in the Website
You understand that all information (such as data files, written text, publications, images) that you may have access to as part of, or through your use of, the Website are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
You should be aware that Content presented to you as part of the Website may be protected by intellectual property rights that are owned by providers of that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the Company or by the owners of that Content, in a separate agreement.
You agree that you are solely responsible for (and that Waterway Capital has no responsibility for) any Content that you create, transmit or display while using the Website and for the consequences of your actions (including any loss or damage that the Company may suffer) by doing so.
7. Waterway Capital’s Rights
You recognize and agree that the Company or its licensors own certain legal right, title and interest in and to the Website, including any intellectual property rights that subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Website may contain information that is designated confidential by the Company or its licensors and that you shall not disclose such information without the Company’s prior written consent.
Unless you have agreed otherwise in writing with the Company, nothing in the Terms gives you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Website. Unless you have been expressly authorized to do so in writing, you agree that in using the Website, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. Your License to Use the Waterway Capital Website
The Company gives you a personal, worldwide, non-assignable and non-exclusive license to use the Website provided to you by Waterway Capital and its licensors. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Company, in writing.
Unless the Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Website, grant a security interest in or over your rights to use the Website, or otherwise transfer any part of your rights to use the Website.
9. Terminating Your Use of the Website
The Terms will continue to apply until terminated by either you or the Company as set out below. If you want to terminate your legal agreement to use the Website, you may do so by notifying the Company in writing. The Company may at any time, terminate its legal agreement with you if:
You have breached any provision of the Terms (or have acted in a manner that clearly shows that you do not intend, or are unable, to comply with the provisions of the Terms); or the Company is required to do so by law (for example, where the provision of the Website to you is, or becomes, unlawful); or any partner or affiliate with whom Waterway Capital offered the Website to you has terminated its relationship with the Company or ceased to offer elements of the Website to you; or the provision of the Website to you by the Company is, in the Company’s sole opinion, no longer commercially viable.
Nothing in this Section shall affect the Company’s rights regarding provision of the Website under Section 4 of the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over the duration of the contract) or which are expressed to continue indefinitely, shall not be affected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.
Disclaimer of Warranties
EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND WATERWAY CAPITAL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Website IS AT YOUR SOLE RISK AND THAT THE Website IS PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, WATERWAY CAPITAL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITEIS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WATERWAY CAPITAL OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
WATERWAY CAPITAL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Limitation of Liability
Waterway Capital and its affiliates, officers, representatives, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, or any other damages of any kind, including but not limited to damages for loss of profits, use or data, arising out of, or connected in any way to, or otherwise resulting from the use or the inability to use the Website, the materials contained in, or accessed through, this Website, or any information or services obtained or messages received or transactions entered into through the Website or unauthorized access to or alteration of your transmissions of data.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state’s liability is limited to the fullest extent permitted by law.
Waterway Capital, LLC, its subsidiaries and affiliates, collectively (“Waterway Capital”) have made all reasonable efforts to ensure that the information provided through its website/in this presentation is accurate at the time of inclusion; however, there may be inadvertent and occasional errors. Waterway Capital does not guarantee the accuracy, validity, timelessness, completeness or suitability of any information or data made available to you and Waterway Capital reserves the right to make changes and corrections at any time, without notice.