Description of Service
The “Service” includes (a) the Site, (b) WMLLC research portal, tools and services provided through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TUA.
General Conditions, Access and Use of the Service
Subject to the terms and conditions of this TUA, You may access and use the Service. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TUA; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
Subject only to the limited right to access and use the Service expressly granted to You under this TUA, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to WMLLC. You agree that you shall not: (a) In whole or in part reproduce, copy, translate, reverse engineer, derive source code from, modify, adapt, disassemble, decompile, create derivative works based on, hack the Service, or use your access to the Service to assist any entity in doing so, provided, however, that you may print documents and content from the Service as it allows; (b) Exploit the Service or any of its components for any commercial purpose not otherwise set forth in this TUA; (c) Use any unauthorized third-party software that intercepts or collects information from the Service or Site; (d) Falsely imply any sponsorship or association with WMLLC, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (e) Sell, grant a security interest in, or transfer reproductions of the Service to other parties in any way not expressly authorized in this TUA, or rent, lease, or license the Service to others.
You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. WMLLC reserves the right to access any or all of your accounts.
You agree to cite WMLLC as the source of produced materials that are printed or saved from the Service. You agree that you will not remove WMLLC logo or branding from materials produced from the Service.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to WMLLC third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
The failure of WMLLC to exercise or enforce any right or provision of this TUA shall not be a waiver of that right. You acknowledge that this TUA is a contract between You and WMLLC, even though it is electronic and is not physically signed by you and WMLLC, and it governs your use of the Service.
Trademarks, Logos and Copyrights
“WMLLC” and various logos used or displayed on the Service are trademarks of WMLLC and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the WMLLC products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
Express Permission for Advertising Use in WMLLC Promotions, Sales and Services
The user and or the Organization by and through its acceptance of the terms and use of this site, hereby gives permission for Water Markets, LLC to publish and/or use its organization logo or registered mark for all purposes connected with the business of WMLLC. It is understood that WMLLC may use said logo or mark for advertising relating to WMLLC, the WaterNinja.com website, the WaterNinja app, partner websites, and all other purposes related to WMLLC and its mission. WMLLC may use the Organization’s logo or mark for these purposes without further permission or acquiescence by the Organization, and the Organization hereby releases WMLLC and its associated brands from all liability relating to the publication or use of the logo/mark.
Payments and Refunds
The Service is made available through various levels of subscription fees. Prices are subject to change without notice. Enterprise subscriber packages are governed by and require a WMLLC Subscriber Agreement between WMLLC and the subscribing entity and are conducted on an individual basis through WMLLC sales and services department.
Termination of Services
WMLLC reserves the right to refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service if WMLLC believes that You have violated these TUA. WMLLC will use best efforts to publish on the Site or notify You about any planned downtime of the Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service. WMLLC shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
DISCLAIMER OF WARRANTIES. THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND WMLLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WMLLC PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE SERVICE, THE ACCURACY OF THE DATA AND INFORMATION CONTAINED AND PRESENTED IN THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND ACCURACY OF THE DATA AND INFORMATION CONTAINED IN THE SERVICE AND SITE IS WITH YOU. WMLLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR FREE. THE DATA IS COMPILED FROM STATE, FEDERAL, AND LOCAL GOVERNMENT ELECTRONIC DATABASES, AND THE SOURCE DOCUMENTS REMAIN THE OFFICIAL RECORD. CONTACT THE APPROPRIATE AGENCY FOR THE OFFICIAL RECORD. IN NO EVENT WILL WMLLC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY WHETHER FROM USE OF THE WEBSITE, ANY FAILURE THEREOF OR OTHERWISE. WMLLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS. YOU ACKNOWLEDGE THAT NO INFORMATION OR ADVICE OBTAINED BY YOU FROM WMLLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TUA.
Limitations of Data
While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, WMLLC is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will WMLLC, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. Accordingly, the information on this site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WMLLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, WMLLC SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SUBSCRIPTION FEE PAID BY YOU. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, WMLLC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WMLLC may assign or transfer this TUA, in whole or in part, without restriction.
These TUA shall be governed by the laws of the State of Texas without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Texas for the purpose of resolving any dispute relating to your access to or use of the Service.
Contact WMLLC, LLC. with any questions:
Water Markets, LLC
10004 Wurzbach Rd, Suite 159
San Antonio, Texas 78230, USA.