PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE SITE
By accessing or using the Site, You acknowledge that:
1. You are 18 years old or older and have read and understand all of the terms and conditions of this Agreement;
2. You agree to be bound by all of the terms and conditions of this Agreement;
3. This Agreement is the legal equivalent of a signed, written contract between You and Aqquua; and
4. If You are using the Site on behalf of an entity, You have full authority to bind that Your entity to all of these terms and conditions.
If You are not willing to be or cannot be bound by all of the terms and conditions of this Agreement, including without limitation the acknowledgements set forth in paragraphs 1-4 above, You are not authorized to access or use the Site, and Aqquua does not and will not grant You any right or license to access or use the Site.
We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these terms and conditions at any time. Such changes, modifications and/or alterations are effective immediately upon their posting on the Site. Your continued use of the Site will constitute Your consent to these new terms. You are responsible for periodically reviewing this page.
Except as expressly permitted by Aqquua in writing, You are granted a revocable, nonexclusive, non-transferable license to use the Site for Your personal, noncommercial use and not for resale or distribution to anyone else, in accordance with the terms of this Agreement. All other use is prohibited. You agree that the Site and the Content are and remain the sole property of Aqquua.
Except as expressly permitted by Aqquua in this Agreement or otherwise in writing by Aqquua, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. You shall not remove or alter any copyright notices, trademark designations or any other similar markings on any copy of the Site.
You acknowledge and agree that Aqquua is not obligated to provide support services related to the Site (“Support Services”) unless required to do so by law. Aqquua retains the right in its sole discretion to provide Support Services which it may discontinue at any time in its sole discretion without prior notice to You. Neither Aqquua’ failure to provide nor failure to continue to provide Support Services shall be a breach of this Agreement. Aqquua may, in its sole discretion, condition the provision of Support Services upon the payment of a separate fee.w
All right, title and interest in and to the Site and the Content and all intellectual property rights embodied therein, including all copyrights, are the property of Aqquua or its respective licensors or suppliers and are protected by copyright and other applicable laws and international treaties. Except as provided by this Agreement, Aqquua does not grant You any rights in or the Site or the Content. As between You and Aqquua, all title and intellectual property rights in and to the Site and the Content are the sole and exclusive property of Aqquua. The Site and the Content are to be used only for informational, personal, noncommercial purposes in accordance with the terms of this Agreement. Any reproduction, retransmission or other use of the Site or the Content is strictly prohibited, except as otherwise provided by this Agreement or by Aqquua express written authorization.
“Aqquua,” is a trademark (the “Aqquua Trademark”) owned by Aqquua. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Site are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Aqquua or their respective owners. Except as provided in this Agreement, Aqquua does not grant You any rights in or to the Aqquua Trademark or the Other Trademarks. You agree that You shall not use the Aqquua Trademark or the Other Trademarks in any manner inconsistent with the provisions of this Agreement, without the prior written authorization of Aqquua or the respective owners of the Other Trademarks as the case may be.
USE OF THE SITE
Without limiting anything else contained in this Agreement, You agree and acknowledge:
The Site and the Content and any other information contained therein are valuable intellectual property owned by or licensed to Aqquua and that no proprietary rights therein are being transferred to You by this Agreement;
You will not, directly or indirectly:
(a) Use the Site or the Content and any other information contained therein for any purposes other than Your personal, non-commercial use;
(b) Use the Site or the Content and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
(c) Use the Site or the Content and any other information contained therein in violation of any applicable laws or regulations;
(d) Publish or distribute in any medium the Site or the Content and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
(e) Attempt to access or access any other user’s account;
(f) Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
(g) Attempt to elude or elude the Aqquua’ security systems;
(h) Attempt to gain access or gain access to the Site in a fraudulent manner;
(i) Disassemble, decompile, reverse engineer, or otherwise modify the Site or the Content and any other material contained therein;
(j) Use the Site or the Content for any purposes other than those intended by Aqquua, as determined by Aqquua in its sole discretion; or
(k) Upload or submit any data or information containing any viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment used in connection with or related to the Site or the downloading thereof.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Site or the Content and any other information contained therein will cause irreparable harm to Aqquua and that in such event money damages will not constitute sufficient compensation to Aqquua; consequently, in the event that You, directly or indirectly, misappropriate or misuse the Site or Content and any other information contained therein, You specifically consent to Aqquua obtaining injunctive relief against You in addition to any other legal or financial remedies to which Aqquua may be entitled. Any unauthorized or prohibited use may also subject You to criminal prosecution under applicable laws.
Aqquua reserves the unilateral right to discontinue the Site, Your License to use and access the Site or the Content at any time, for any reason and without notice. Aqquua will not have any liability if Aqquua modifies or discontinues the Site or terminates Your license and/or Your ability to use and access the Site and/or the Content. Without prejudice to any of its other rights, Aqquua reserves the right to modify the Site or the Content at any time without notice to You.
You acknowledge and agree that by submitting postings for the sale of mortgage loan notes or purchase agreements for the sale of property, remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with registration) to Aqquua through the Site (individually and collectively, “Submissions”), You (i) grant Aqquua a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Aqquua the right to pursue at law any person or entity that violates Your and/or Aqquua’ rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submissions, You acknowledge, warrant and agree that:
1. Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Submissions relates to and that You are not impersonating any other person;
2. You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Submission relates; and
3. Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
Aqquua retains the right to review and delete from the Sites any Submissions which Aqquua in its sole discretion considers illegal, offensive, obscene, abusive, commercial in nature, infringing, inappropriate or otherwise violates this Agreement. If notified of an allegation that the Site contains infringing information, materials or other content, Aqquua may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Site.
Aqquua may monitor or review any areas on the Site where users transmit or post communications, Third Party Applications (as defined below) or communicate solely with each other for the purpose of promoting the Site’s efficiency, usefulness, appropriateness of use and compliance with this Agreement. However, Aqquua does not undertake to monitor or review every posting, Third Party Application or communication, and Aqquua disclaims any liability related to the content of any such postings, Third Party Applications and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Aqquua is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Sites, including, without limitation, all third party advertising posted on the Sites. While Aqquua, from time to time, may monitor the content of the Submissions, Third Party Applications and other third party communications posted on the Sites, Aqquua does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by on the Site by users and other third parties. Any information or material placed on the Site by users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Aqquua. Aqquua reserves all of its rights to discontinue in its sole discretion the services provided on the Site in general or to any user at any time.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any of the Content or any application made available on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C 512(c)(3), by providing our Copyright Agent with the following information in writing:
A description of the copyrighted work that you claim has been infringed;
A description of the material that you claim is infringing which is sufficient to permit Aqquua and its Copyright Agent to locate that material;
Your address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
A statement by you, 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; and
A physical signature of the person authorized to act on behalf of the owner of the copyright interest.
If you fail to submit all of the above, Aqquua reserves the right to ignore your request. Aqquua’ designated Copyright Agent to receive notifications of claimed infringement is Mark J. Rosenberg, Esq., Tarter Krinsky & Drogin LLP, 1350 Broadway, New York, NY 10018, email@example.com; fax 212-216-8001. Only notices of copyright infringement should be sent to the Copyright Agent.
DISCLAIMER & LIMITATION OF LIABLITY
THE SITE AND THE CONTENT ARE PROVIDED FOR YOUR DOWNLOADING, OPERATION AND USE IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
THE SITE AND THE CONTENT ARE PROVIDED BY AQQUUA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AQQUUA, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “AQQUUA BUSINESSES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. THE AQQUUA BUSINESSES AND ALL THIRD PARTY PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE AQQUUA BUSINESSES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, THE CONTENT FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, THE CONTENT OR FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE OR THE CONTENT. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE AQQUUA BUSINESSES, THEIR AGENTS OR THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE CONTENT, THE DELAY OR INABILITY TO USE THE SITE OR THE CONTENT OR OTHERWISE ARISING IN CONNECTION WITH THE SITE OR THE CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE AQQUUA BUSINESSES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE AQQUUA BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED BY OR SET FORTH ON THE SITE IS ACCURATE, COMPELTE, RELIABLE USEFUL, TIMELY OR CURRENT OR THAT THE APPLICATIONS WILL OPERATE WITHOUT INTERUPTION OR ERROR.
THE AQQUUA BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OTUSIDE OF THE UNITED STATES.
TO THE EXTENT THAT ANY WARRANTY OF ANY KIND IS DETERMINED TO APPLY TO THE THIRD PARTY APPLICATIONS, YOU ACKNOWLEDGE AND AGREE THAT AQQUUA HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE THIRD PARTY APPLICATIONS, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY, IF ANY, WILL BE THE SOLE RESPONSIBILITY OF THE RESPECTIVE PROVIDERS.
YOU ACKNOWLEDGE AND AGREE THAT THE RESPECTIVE PROVIDERS, NOT AQQUUA, ARE RESPONSIBLE FOR ADDRESSING ANY CLAIMS RELATING TO THE THIRD PARTY APPLICATIONS OR YOUR POSSESSION AND/OR USE OF THE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE THIRD PARTY APPLICATIONS FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AQQUUA AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYES, AGENTS, CONTENT PROVIDERS, BUYERS, SELLERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABLITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1. YOUR UNAUTHORIZED OR IMPROPER USE OF THE SITE OR THE CONTENT;
2. ANY BREACH BY YOU OF THIS AGREEMENT; and
3. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE SITE OR THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING USING YOUR MOBILE DEVICE OR COMPUTER.
If any provision of these terms and conditions is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the Agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.
TERM AND TERMINATION
This Agreement will take effect at the time You click “I Agree” and continues in perpetuity unless terminated by You and/or Aqquua.
You may terminate this Agreement at any time by ceasing use of the Site and the Content.
The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.
NOTICES AND COMMUNICATIONS
Any notice or other document or communication required or permitted hereunder to Aqquua, including any questions, compliant or claims that You may have, will be deemed to have been duly given only if in writing and delivered by any of the following methods:
1. Certified U.S. mail, return receipt requested, postage prepaid, to Aqquua at 450 Lexington Ave c/o Aqquua LLC New York, NY 10017;
2. Email sent to firstname.lastname@example.org.
Notices to Aqquua shall be deemed delivered when actually received by Aqquua.
Any notice or other document or communication from Aqquua required or permitted hereunder will be sent to the email address that You provide when You create an account on
Aqquua. Such notice will be deemed received by You the business day after the email is sent.
Should You elect to send or receive email communications of any kind to or from Aqquua, You represent and warrant to Aqquua that Your email service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound email transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, Aqquua controls and operates the Site from the United States of America and makes not representation that the Site and the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all privacy, export and import laws.
Access, browsing and use of the Site, the Content and this Agreement, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Aqquua arising out of or relating to the Site, the Content or this Agreement must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties or as described in the Arbitration paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the parties shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party seeking relief shall initiate such arbitration through the American Arbitration Association (“AAA”) and the arbitration shall be governed by the rules and procedures of the AAA. an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The AAA and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online or be solely based on written submissions, the specific manner shall be chosen by mutual agreement of the parties; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All arbitrations held pursuant to this Agreement shall take place in New York County, New York.
Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
All claims that You bring against Aqquua must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to the terms of this Agreement shall be deemed improperly filed; and should You file a claim against Aqquua contrary to the terms of this Agreement, Aqquua shall be entitled to its attorneys' fees and costs incurred in connection with seeking to dismiss or transfer the improperly filed claim.
No delay or omission by Aqquua to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Aqquua of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.
If any portion of this Agreement is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
Aqquua is an independent contractor; nothing in this agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Aqquua.
CONTINUED USE DEEMED ACCEPTANCE