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TERMS OF SERVICE

Last Modified: October 19, 2021

General

Watery Inc. and its corporate affiliates (collectively, “Watery”) operate a family of Web sites (including mobile-optimized Web sites), associated Web pages, associated mobile apps, and other applications, linking to or bearing these Terms of Service and operated by or on behalf of Watery (collectively, the "Watery Network"). Any person accessing or using the Watery Network is referred to as “you.”

Acceptance of Terms

By accessing or using any part of the Watery Network or the services provided on it or other Web sites, Web pages or other applications as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Watery from time-to-time without notice to you (the “Terms of Service”). These Terms of Service constitute a binding contract between Watery and you. You are responsible for regularly reviewing the Terms of Service. You can review the most current version of the Terms of Service at any time at:https://www.watery.com/terms.If you do not wish to be bound by these Terms of Service, please do not access or use any part of the Watery Network.

Additional terms may govern use of certain Web sites or other parts of the Watery Network. In the event that any provision, term or guideline contained on a particular Web site or other part of the Watery Network conflicts with the Terms of Service, the terms of such Web site or other part of the Watery Network shall control over the Terms of Service except with respect to the General Terms set forth below, which shall at all times control.

General Use of The Watery Network

Unless specified otherwise, Watery offers you access to the Watery Network solely for your personal and non-commercial uses. You agree to only access or use the Watery Network only for legal purposes that are permitted by the Terms of Service. Among other things, you agree not to:

  • except with the express written permission of Watery, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site or application, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Watery Network, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
  • damage, disable, overburden, or impair the Watery Network or interfere with any other party’s use and enjoyment of the Watery Network;
  • obtain or attempt to obtain any materials or information through any means not made readily accessible by Watery through the Watery Network.

Except with the express written permission of Watery, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Watery Network.

Except with the express written permission of Watery, you agree that you will not create links from any website, Web page or other application to any page within, or part of, the Watery Network; provided however upon prior written notice to Watery, you may create a link directly to any of the Watery Network home pages, including, but not limited to pages currently located athttps://www.watery.com/.The origin of any link to any Watery Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Watery Network home page. By creating a link to the Watery Network, you agree that (a) you will not employ any technology that results in the placement of content from the Watery Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Watery Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other Web sites or applications that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Watery Network. Watery reserves the right to revoke your permission to create such a link at any time in its sole discretion and you agree to immediately cease using the link at any time that Watery so requests.

You agree that Watery may in its sole discretion and at any time terminate your access to and use of the Watery Network, or any part thereof, with or without notice. You further agree that use of the Watery Network and any of its Services shall be immediately terminated if you violate these Terms of Service. In addition, Watery reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through the Watery Network may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Watery to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Watery does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Watery from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

You acknowledge that Watery is not a real estate broker, mortgage broker or mortgage lender, and Watery does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Content Contained in the Watery Network

The Watery Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Watery Network (collectively, “Content”) is owned by Watery and/or third parties with all rights reserved unless otherwise noted. Watery grants you a limited license to access and use the Watery Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Watery Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching), modifying, or making any other use of the Watery Network or Content, except with express written consent of Watery. You understand that all third party Content posted on, transmitted through, or linked from the Watery Network, is the sole responsibility of the third party originator of such Content. Content is provided through the Watery Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Watery be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

Insofar as the Watery Network implements Google Maps from Google, your use of Google Maps is subject to the Google Maps/Google Earth Additional Terms of Service athttps://www.google.com/intl/en-US_US/help/terms_maps/, including the Google Privacy Policy athttps://policies.google.com/privacy.

You acknowledge that Watery does not screen or approve third-party Content, and that Watery shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or Watery any Content that is available via the Watery Network, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Watery Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Watery Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Watery as provided below.

You promise that you will not use the Watery Network to:

  • Transmit any Content
    • not related to appropriate subject matters;
    • which is misleading to others, including consumers;
    • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • that you do not have a right to post and transmit under any law or under contractual relationships;
    • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to the Watery Network, you grant, and you represent and warrant that you have the right to grant, to Watery an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Watery Network, you grant Watery all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Watery Network by any party for any purpose.

Watery takes matters of privacy and information seriously, and endeavors to maintain the privacy and security of any and all such information that you provide to Watery through the Watery Network in accordance with its Privacy Policy. Pleaseclick hereto review the Watery Privacy Policy. The Watery Privacy Policy applies to any and all Content and other information you provide, or that is collected from or about you, through your use of the Watery Network, as provided for, and insofar as provided for, in the Watery Privacy Policy.

Mortgage-Related Disclosure

This disclosure statement pertains to the conduct of Watery, including services Watery provides, in connection with the mortgage loan industry and Web sites and mobile applications operated by Watery.

Watery does not confirm, and does not make or give any guarantee regarding,

(i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor (ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor (iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional.

Watery does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

Watery is not a lender, mortgage broker, loan originator, loan processor or underwriter. Watery does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.

Watery does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.

Watery does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals (Please note that the meaning of “pre-qualification” and “pre-approval” can sometimes differ the way those terms are used by mortgage lenders and brokers, real estate agents and others. Although “pre-qualification” often is used to refer to a lender’s preliminary estimate, based on unverified information you provide, of the mortgage loan amount you might be able to borrow, and “pre-approval” often is used to refer to an offer or statement provided to you from a lender (a pre-approval letter), based on verified information and often requiring a completed loan application, indicating a specific loan amount you may be offered (or are being offered) subject to the terms of the pre-approval letter, you should be aware that “pre-qualification” and “pre-approval” might have different meanings depending on who is using those terms. One or both of those terms might even have different meanings under different mortgage-related laws, and the use of and requirements for pre-qualifications or pre-approvals from lending institutions might vary depending on the mortgage loan practices of a given lending institution.)

Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on Web sites or mobile apps operated by Watery) is not, and will not be responded to by Watery as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.

Watery does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.

Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

Watery is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.

Watery sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of Web sites or mobile apps Watery operates.

Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Watery but are made by lenders, brokers or other loan professionals which might include participating advertisers of Watery.

Watery does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any Web site or app that did not originate solely from Watery.

The foregoing disclosures reflect Watery’s good faith conclusions regarding the subject matter of such disclosures, and Watery takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than Watery, nor any actual or alleged inaccuracy of or other fault with any such disclosures.

For purposes of this Mortgage-Relate Disclosure statement, “Watery” refers to each of Watery Inc. and each of its subsidiaries.

Ability to Opt Out from Receiving Certain Communications.

You have the choice to opt out of receiving certain marketing communications (email or text messages) you might receive from Watery or a Watery division (each referred to here as a 'Sender'). Normally, a marketing email you receive from a Sender will have an opt-out link provided within the email itself (usually toward the bottom), and you typically can opt out of receiving further such marketing emails by clicking on the opt-out link and indicating your decision. Whether it's email or text, your request will be handled promptly; but please note that for a reasonable time you might receive further such marketing emails or texts while the Sender processes your request. Note also that opting out of marketing emails or texts will not necessarily cause you to stop receiving non-marketing emails or texts, such as texts about a purchase you may have made, a transaction you may have with a Sender, a lead you have submitted about a property that is for sale or perhaps even about listing alerts you may have requested, as well as other types (for example, about technical, administrative or informational matters) -- but even some or all of these kinds of messages (especially if texts) the Sender may stop as well.

General Terms

Applicable Law; Agreement to Arbitrate

These Terms of Service are governed by the laws of the State of DELAWARE, U.S.A. without regard to conflicts of laws principles. YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT MAY ARISE BETWEEN YOU AND Watery SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. YOU AGREE THAT YOU AND Watery MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WATERY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. FURTHER, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ('AAA') UNDER ITS RULES AND PROCEDURES, AS MODIFIED BY THIS PARAGRAPH. THE AAA'S RULES ARE AVAILABLE ATWWW.ADR.ORG.A FORM FOR INITIATING ARBITRATION PROCEEDINGS IS AVAILABLE ON THE AAA'S WEB SITE AThttps://www.adr.org/.THE ARBITRATION SHALL BE HELD IN THE COUNTY IN WHICH YOU RESIDE OR AT ANOTHER MUTUALLY AGREED LOCATION. IF THE VALUE OF THE RELIEF SOUGHT IS $10,000 OR LESS, YOU OR Watery MAY ELECT TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE OR BASED SOLELY ON WRITTEN SUBMISSIONS, WHICH ELECTION SHALL BE BINDING ON YOU AND Watery SUBJECT TO THE ARBITRATOR'S DISCRETION TO REQUIRE AN IN-PERSON HEARING, IF THE CIRCUMSTANCES WARRANT. ATTENDANCE AT AN IN-PERSON HEARING MAY BE MADE BY TELEPHONE BY YOU AND/OR Watery, UNLESS THE ARBITRATOR REQUIRES OTHERWISE. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES, UNLESS OTHERWISE STATED IN THIS PARAGRAPH. IF A COURT DECIDES THAT ANY PART OF THIS PARAGRAPH IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS PARAGRAPH SHALL STILL APPLY. ACCESS OR USE OF THE WATERY NETWORK IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Watery as a result of the Terms of Service or accessing or using the Watery Network. Watery’s performance under the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of Watery’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Watery Network or information provided to or gathered by Watery with respect to such use.

Interpretation of the Terms of Service

If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Watery), the Terms of Service constitutes the entire agreement between you and Watery with respect to the Watery Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Watery with respect to the Watery Network. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE WATERY NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Watery MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE Watery NETWORK, SERVICES AND/OR CONTENT. Watery EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD Watery, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE WATERY NETWORK AND/OR WATERY AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF Service.

Limitation of Liability

IN NO EVENT SHALL WATERY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Watery NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE Watery NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE Watery NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE Watery NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Watery HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE Watery NETWORK, AND ALL OTHER USE OF THE Watery NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Watery NETWORK, OR WITH ANY OF THESE TERMS OF Service, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Watery NETWORK.

Copyright

All materials on the Watery Network (as well as the organization and layout of the Watery Network) are owned and copyrighted or licensed by Watery, its corporate affiliates or its third-party vendors. © by Watery Inc., all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Watery Network is permitted without the written permission of Watery. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Watery’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.

IP Administrator
Legal Department Watery Inc.
26 F Congress Street #237
Saratoga Springs, NY 12866-4168

Repeat Infringers. It is Watery's policy to terminate in appropriate circumstances access to or use of the Watery Network (or any part thereof) by repeat infringers.

Trademarks

WATERY®, watery.com®, and all taglines and stylized logo treatments including any one or more of the foregoing are trademarks of Watery Inc. and are used with its permission. These and all other trademarks used in this work are the property of their respective owners.

Equal Housing Opportunity

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