Terms of Service

WELCOME TO WESTERN WATER MARKET AND THANK YOU FOR YOUR INTEREST IN WWW.WESTERNWATERMARKET.COM (THE "WEBSITE", “SITE” OR "PLATFORM"), OWNED AND OPERATED BY WESTERN WATER MARKET, LLC, A WASHINGTON STATE LIMITED LIABILITY COMPANY, AND HEREAFTER REFERRED TO AS “WESTERN WATER MARKET,” "COMPANY", “US”, "OUR" OR “WE”. WESTERN WATER MARKET IS A PUBLIC, ONLINE PLATFORM THAT LISTS WATER RIGHTS FOR SALE AND LEASE, LISTS WATER RIGHT BUYERS, AND LISTS PROFESSIONAL PROFILES FOR WATER RIGHT CONSULTANTS, ADVISORS, ATTORNEYS AND OTHER PROFESSIONAL SERVICES. THE WEBSITE CONSTITUTES OUR SERVICE (THE "SERVICE" OR "SERVICES"). ANY PARTY VISITING THIS PLATFORM OR UTILIZING THE SERVICES PROVIDED BY THE WEBSITE SHALL BE REFERRED TO HEREAFTER AS THE "USER" OR "YOU" THROUGHOUT THE TERMS OF SERVICE. UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO THE SERVICES INCLUDE THE MARKETING AND MARKETPLACE SERVICES AVAILABLE THROUGH THE WESTERN WATER MARKET WEBSITE, AS WELL AS ANY SOFTWARE THAT WESTERN WATER MARKET PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SERVICES. THE FOLLOWING TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND WESTERN WATER MARKET REGARDING YOUR USE OF THE SERVICE. PLEASE READ THE FOLLOWING TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU, AND IF YOU ARE ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY OR EMPLOYER, AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU REGISTER WITH US. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. YOU ACKNOWLEDGE THAT SOME USERS OF OUR PLATFORM ARE INDEPENDENT CONTRACTORS INCLUDING, WITHOUT LIMITATION, CONSULTANTS, ADVISORS, ATTORNEYS, BROKERS AND GOVERNMENT AGENCIES, AND THAT WESTERN WATER MARKET IS NOT A PARTY TO ANY SALE, PURCHASE, LEASE, EMPLOYMENT, ASSIGNMENT, ENGAGEMENT, AGREEMENT, ARRANGEMENT, JOB, SERVICE OR TRANSACTION BETWEEN USERS OF OUR PLATFORM. NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP BETWEEN WESTERN WATER MARKET AND ANY USER OF OUR SERVICES IS CREATED AS A RESULT OF THESE TERMS OF SERVICE OR ANY USER'S ACCESS TO, OR USE OF, ANY PART OF THE SERVICE. WESTERN WATER MARKET DOES NOT ENDORSE ANY USERS OF OUR SERVICES AND HAS NO CONTROL OF THE SERVICES OR WORK TO BE PERFORMED BY A USER, OR THE PAYMENT FOR THE SAME BY ANOTHER USER. IT IS WITHIN THE SOLE AND ABSOLUTE DISCRETION OF THE USERS OF OUR SERVICES TO ENGAGE ONE ANOTHER THROUGH OUR SERVICES. YOU SHOULD ALWAYS EXERCISE RESPONSIBILITY, DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO ENGAGE, TRANSACT WITH, HIRE OR HAVE ANY INTERACTION WITH ANY OTHER USER. YOU AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK AND BY USING THE PLATFORM, YOU UNDERSTAND AND AGREE THAT ANY LEGAL REMEDY OR RECOVERY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THOSE PARTICULAR USERS OR OTHER THIRD PARTIES AND NOT WESTERN WATER MARKET. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM WESTERN WATER MARKET WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.FURTHERMORE, YOU HEREBY AGREE THAT WESTERN WATER MARKET SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURIES RESULTING FROM YOUR USE OF OUR PLATFORM OR ANY ENGAGEMENT AND INTERACTION WITH ANOTHER USER BY REASON OF YOUR ACCESS TO, AND USE OF, OUR PLATFORM OR SERVICES. IN ADDITION, CERTAIN AREAS OF OUR SERVICE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT WE MAKE AVAILABLE FOR YOUR REVIEW. BY USING SUCH AREAS, OR ANY PART THEREOF, YOU ARE EXPRESSLY INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUCH AREAS. IN THE EVENT THAT ANY OF THE ADDITIONAL TERMS AND CONDITIONS GOVERNING SUCH AREA CONFLICT WITH THESE TERMS OR SERVICE, THE ADDITIONAL TERMS AND CONDITIONS WILL CONTROL.WESTERN WATER MARKET MAY CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED TERMS OF SERVICE ON THIS WEBSITE. IF ANY AMENDMENT TO THESE TERMS IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS WEBSITE. IF YOU CONTINUE USING THE WEBSITE, YOU WILL BE CONSTRUCTIVELY DEEMED TO HAVE ACCEPTED THE CHANGES.  DESCRIPTION OF SERVICEA. WESTERN WATER MARKET IS A PUBLIC, ONLINE PLATFORM THAT LISTS WATER RIGHTS FOR SALE OR LEASE, LISTS WATER RIGHT BUYERS, AND LISTS THE PROFILES FOR WATER RIGHT PROFESSIONALS. USERS CAN ACCESS ALL OF THE LISTINGS AND DATA USING OUR WEBSITE SERVICES. TO UPLOAD A LISTING TO OUR PLATFORM, YOU MUST BE A SUBSCRIBED USER ("SUBSCRIBER"). EACH LISTING HAS A LINK TO A WESTERN WATER MARKET SUBSCRIBER THAT THE USER MAY USE TO OBTAIN ADDITIONAL INFORMATION ABOUT THE LISTING AND/OR TO MAKE A PURCHASE/SALE TRANSACTION FOR WATER RIGHTS. WESTERN WATER MARKET IS A MARKETING SERVICE AND DOES NOT BROKER WATER RIGHT TRANSACTIONS. WESTERN WATER MARKET IS NOT A PARTY TO ANY SALE, PURCHASE, EMPLOYMENT, ASSIGNMENT, ENGAGEMENT, AGREEMENT, ARRANGEMENT, JOB, SERVICE OR TRANSACTION BETWEEN USERS OF OUR PLATFORM FOR THE HIRING OR PERFORMANCE OF THE USER'S SERVICE, OR THE SALE AND PURCHASE OF WATER RIGHTS.B. NO LEGAL, ACCOUNTING, FINANCIAL, BROKER, ADVISORY, FIDUCIARY OR OTHER RELATIONSHIP IS CREATED BY YOUR ACCESSING OR USING THE WESTERN WATER MARKET SERVICES, OR COMMUNICATING WITH US OR ANY OTHER USER THROUGH THIS WEBSITE OR BY OTHER MEANS. THE INFORMATION AND OUR SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED SOLELY FOR MARKETING AND GENERAL BUSINESS INFORMATION, AND DO NOT CONSTITUTE LEGAL, ACCOUNTING, INVESTMENT, TAX OR OTHER PROFESSIONAL ADVICE, OR AN OFFER BY WESTERN WATER MARKET TO BUY, SELL OR LEASE WATER RIGHTS, AND MAY NOT BE USED FOR OR RELIED UPON FOR THOSE PURPOSES. C. OUR SERVICE INCLUDES WESTERN WATER MARKET CONTENT, SYSTEMS, PROCEDURES, PROCESSES AND TECHNOLOGIES, AND; ANY HARDWARE, SOFTWARE, APPLICATIONS, DATA, REPORTS, AND OTHER CONTENT MADE AVAILABLE BY OR ON BEHALF OF WESTERN WATER MARKET. D. OUR SERVICE DOES NOT INCLUDE ANY SOFTWARE APPLICATION OR SERVICE THAT IS PROVIDED BY YOU OR A THIRD PARTY, WHICH YOU USE IN CONNECTION WITH THE SERVICE.E. ANY MODIFICATIONS AND NEW FEATURES ADDED TO THE SERVICE ARE ALSO SUBJECT TO THIS AGREEMENT. F. WESTERN WATER MARKET RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE OR ANY FEATURE OR FUNCTIONALITY THEREOF AT ANY TIME WITHOUT NOTICE TO YOU. ALL RIGHTS, TITLE AND INTEREST IN AND TO THE SERVICE AND ITS COMPONENTS (INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS) WILL REMAIN WITH, AND BELONG EXCLUSIVELY TO, WESTERN WATER MARKET.2. ELIGIBILITY FOR OUR SERVICEA. BY USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE ATTAINED THE AGE OF MAJORITY WHERE YOU RESIDE (18 YEARS OF AGE IN MOST JURISDICTIONS) AND ARE OTHERWISE CAPABLE OF ENTERING INTO BINDING CONTRACTS INCLUDING THIS AGREEMENT.B. IF YOU ARE A SUBSCRIBER, YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE ATTAINED THE ABOVE REQUIRED AGE OF MAJORITY WHERE YOU PROVIDE YOUR SERVICES, AND HAVE RECEIVED ANY REQUIRED LEGAL AUTHORIZATION OR LICENSURE, PERMITTING YOU TO WORK IN THE JURISDICTION OR TERRITORY IN WHICH YOU WILL PERFORM ANY SERVICES. C. WESTERN WATER MARKET DOES NOT CURRENTLY CONDUCT BACKGROUND SCREENINGS ON ITS SUBSCRIBERS, BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK, AT ANY TIME USING AVAILABLE PUBLIC RECORDS, TO CONFIRM SUBSCRIBER'S COMPLIANCE WITH THESE AND ANY OTHER TERMS OF THIS AGREEMENT.ACCOUNTS AND REGISTRATION A. TO ACCESS SOME FEATURES OF THE SERVICE YOU MAY BE REQUIRED TO BECOME A SUBSCRIBER BY REGISTERING FOR AN ACCOUNT. WHEN YOU REGISTER FOR AN ACCOUNT, YOU MAY BE REQUIRED TO PROVIDE US WITH SOME INFORMATION ABOUT YOURSELF (SUCH AS YOUR NAME, DATE OF BIRTH, E-MAIL ADDRESS, PHYSICAL ADDRESS, PHONE NUMBER OR OTHER PERSONAL INFORMATION). IN SOME INSTANCES YOU MAY ALSO BE REQUIRED TO PROVIDE, WITHOUT LIMITATION, YOUR BUSINESS ENTITY INFORMATION, A DRIVER'S LICENSE, PICTURE ID, SECOND FORM OF ID, WORK EXPERIENCE CERTIFICATE, AND INFORMATION REGARDING ANY CREDENTIALS, LICENSES OR REGISTRATION. SOME OF THIS INFORMATION MAY BE OF A CONFIDENTIAL NATURE AND MAY INCLUDE PERSONAL IDENTIFYING INFORMATION (ALL "YOUR INFORMATION").  B. IF YOU PROVIDE YOUR INFORMATION TO US THEN YOU AGREE TO PROVIDE TRUE, CURRENT, COMPLETE AND ACCURATE INFORMATION, AND NOT TO MISREPRESENT YOUR IDENTITY.  YOU ALSO AGREE TO KEEP YOUR INFORMATION CURRENT AND TO UPDATE YOUR INFORMATION IF ANY OF YOUR INFORMATION CHANGES.  C. OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION IS GOVERNED BY THIS AGREEMENT AND OUR PRIVACY POLICY WHICH YOU MAY ACCESS HERE (INCLUDE LINK TO PRIVACY POLICY PAGE HERE).ACCOUNT MANAGEMENTA. IF YOU HAVE BEEN ISSUED AN ACCOUNT BY WESTERN WATER MARKET IN CONNECTION WITH YOUR USE OF THE SERVICES, YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR PASSWORD AND ANY OTHER CREDENTIALS USED TO ACCESS THAT ACCOUNT. YOU, AND NOT WESTERN WATER MARKET, ARE RESPONSIBLE FOR ANY ACTIVITY OCCURRING IN YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED THAT ACTIVITY. IF YOU BECOME AWARE OF ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT, YOU SHOULD NOTIFY WESTERN WATER MARKET IMMEDIATELY.B. WESTERN WATER MARKET MAY SEND NOTICES TO THE EMAIL ADDRESS OR TEXT MESSAGES TO YOUR MOBILE PHONE REGISTERED WITH YOUR ACCOUNT. YOU MUST KEEP YOUR EMAIL ADDRESS, MOBILE PHONE NUMBER AND, WHERE APPLICABLE, YOUR CONTACT DETAILS AND PAYMENT DETAILS ASSOCIATED WITH YOUR ACCOUNT CURRENT AND ACCURATE.C. WE RESERVE THE RIGHT TO MODIFY, SUSPEND OR TERMINATE THE SERVICE, ANY SUBSCRIBER ACCOUNT OR YOUR ACCESS TO THE SERVICE FOR ANY REASON, WITHOUT NOTICE, AT ANY TIME, AND WITHOUT LIABILITY TO YOU. D. YOU CAN CANCEL YOUR ACCOUNT AT ANYTIME. UPON TERMINATION OR CANCELLATION, ALL LICENSES AND OTHER RIGHTS GRANTED TO YOU IN THESE TERMS WILL IMMEDIATELY CEASE.E. WE RESERVE THE RIGHT TO REFUSE TO ISSUE A SUBSCRIBER ACCOUNT TO ANYONE OR PERMIT ACCESS TO THE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.5. SUBSCRIPTION PLANS AND TERMSIN ORDER TO PARTICIPATE IN OUR MARKETPLACE COMMUNITY, SUBSCRIBERS MUST CREATE AN ACCOUNT AND SUBSCRIBE TO A MONTHLY SUBSCRIPTION PLAN. THE MONTHLY SUBSCRIPTION PLAN IS AUTOMATICALLY RENEWABLE AND PAYABLE. THE FEATURES, SUBSCRIBER RIGHTS, TERMS AND PRICES OF THE MONTHLY SUBSCRIPTION PLANS MAY CHANGE FROM TIME TO TIME AND THE MOST CURRENT DESCRIPTION AND PRICES MAY BE FOUND ON OUR SUBSCRIPTION PLANS PRICING PAGE HERE (INSERT LINK TO SUBSCRIPTION PRICING PAGE OR FAQ). BY COMPLETING YOUR REGISTRATION FOR A SUBSCRIPTION PLAN, YOU AUTHORIZE WESTERN WATER MARKET, THROUGH ITS SECURE THIRD PARTY PAYMENT PROCESSOR, TO CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS FOR: (A) THE APPLICABLE SUBSCRIPTION PLAN CHARGES; (B) ANY AND ALL APPLICABLE TAXES; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE WESTERN WATER MARKET SERVICES. THE AUTHORIZATION CONTINUES THROUGH THE SUBSCRIPTION TERM AND ANY RENEWAL TERM UNTIL THE SUBSCRIBER CANCELS THE SUBSCRIPTION PLAN.   MONTHLY  SUBSCRIPTION PLANS ARE BILLED MONTHLY.A. BY PURCHASING A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) YOUR SUBSCRIPTION HAS AN INITIAL AND POSSIBLE RECURRING PAYMENT FEATURE DEPENDING UPON THE PLAN YOU SUBSCRIBE TO, AND WESTERN WATER MARKET (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO PERIODICALLY AND AUTOMATICALLY CHARGE YOUR PAYMENT METHOD AT THE THEN-CURRENT SUBSCRIPTION RATE FOR YOUR SUBSCRIPTION AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (II) YOUR SUBSCRIPTION IS CONTINUOUS AND WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ANNUAL PERIODS UNTIL YOU CANCEL IT.B. YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION AT ANY TIME, BY LOGGING INTO YOUR ACCOUNT OR EMAILING US AT SUPPORT@WESTERNWATERMARKET.COM AND FOLLOWING THE INSTRUCTIONS, IF ANY, WE PROVIDE YOU IN RESPONSE TO YOUR CANCELLATION REQUEST.  C. IF YOU CANCEL, YOU WILL NOT BE ENTITLED TO A REFUND FOR YOUR PAYMENTS AND YOU WILL BE RESPONSIBLE FOR THE BALANCE OF YOUR MONTHLY SUBSCRIPTION PLAN PAYMENTS IN ACCORDANCE WITH YOUR ESTABLISHED PAYMENT SCHEDULE YOU SELECTED. NEVERTHELESS, YOU MAY CONTINUE TO USE YOUR ACCOUNT UNTIL THE ACCOUNT EXPIRES ON ITS NEXT BILLING DATE.  WESTERN WATER MARKET MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WESTERN WATER MARKET REASONABLY COULD ACT.D. YOU AGREE THAT WE MAY CHARGE YOU, AND YOU WILL PAY TO WESTERN WATER MARKET, ANY FEE OR PENALTY THAT IS ASSESSED OR CHARGED TO US FOR A "CHARGEBACK" RESULTING FROM A FAILURE OR REFUSAL OF YOUR SELECTED METHOD OF PAYMENT TO MAKE A REQUIRED PAYMENT. THIS PAYMENT SHALL BE REFUNDED TO YOU IN THE EVENT THAT YOUR SELECTED METHOD OF PAYMENT RESOLVES THIS DISPUTE IN YOUR FAVOR.E. IN THE EVENT YOU CANCEL YOUR MONTHLY SUBSCRIPTION, PLEASE NOTE THAT WE MAY STILL SEND YOU PROMOTIONAL COMMUNICATIONS ABOUT WESTERN WATER MARKET, UNLESS YOU OPT OUT OF RECEIVING THOSE COMMUNICATIONS BY FOLLOWING THE UNSUBSCRIBE INSTRUCTIONS PROVIDED THEREIN.WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME AS A RESULT OF A VIOLATION OF THESE TERMS OF SERVICE OR THE PRIVACY POLICY.  6. INDEPENDENT CONTRACTORS; NO GUARANTEES, WARRANTEES OR ENDORSEMENTS 

THE USERS OF OUR SERVICES ARE INDEPENDENT CONTRACTORS AND WESTERN WATER MARKET IS NOT A PARTY TO ANY RELATIONSHIP, DEALINGS OR CONTRACT BETWEEN USERS, INCLUDING PROPOSALS, SELECTION, CONTRACTING, AND PERFORMANCE OF A USER'S SERVICES. WESTERN WATER MARKET IS ONLY A MARKETPLACE VENUE THAT PROVIDES A PLATFORM ON WHICH USERS CAN MEET AND INDEPENDENTLY DECIDE WHETHER OR NOT TO ENGAGE WITH EACH OTHER. WESTERN WATER MARKET DOES NOT HAVE CONTROL OVER THE QUALITY, SUITABILITY, RELIABILITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF ANY SERVICES PROVIDED BY USERS, NOR OF THE INTEGRITY, RESPONSIBILITY OR ANY OF THE ACTIONS OR OMISSIONS OF ANY USER. WESTERN WATER MARKET MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WHATSOEVER WITH RESPECT TO SERVICES OFFERED OR PROVIDED BY USERS THROUGH THE USE OF OUR PLATFORM, WHETHER IN PUBLIC, PRIVATE, IN ONLINE OR OFFLINE INTERACTIONS. 

IN FURTHERANCE OF THE ABOVE:

A. WESTERN WATER MARKET IS NOT A PARTY TO ANY AGREEMENT FOR USER SERVICES AND DOES NOT ITSELF OFFER TO PERFORM ANY SERVICES OR WORK.

B. THE USERS OF OUR SERVICES ARE NOT EMPLOYEES OR AGENTS OF WESTERN WATER MARKET.

C. WESTERN WATER MARKET IS NOT AN AGENT OR REPRESENTATIVE OF ANY USER.

D. WESTERN WATER MARKET DOES NOT, IN ANY WAY, SUPERVISE, DIRECT, OR CONTROL THE USER OR THEIR SERVICE PERFORMANCE.  

E. WESTERN WATER MARKET MAKES NO REPRESENTATIONS ABOUT, AND DOES NOT GUARANTEE OR WARRANTY THE QUALITY, SAFETY, OR LEGALITY OF THE USERS SERVICES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

F. WESTERN WATER MARKET DOES NOT INTERVENE IN ANY TRANSACTION BETWEEN THE USERS. IF YOU HAVE ANY ISSUES WITH ANOTHER USER, YOU MUST RESOLVE IT BETWEEN YOURSELVES.

G. WESTERN WATER MARKET SERVICES MAY IDENTIFY A USER WITH A TITLE, NEVERTHELESS, WESTERN WATER MARKET DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR USER AND WE DO NOT INDEPENDENTLY VERIFY THEIR REPRESENTATIONS ABOUT THEIR SERVICES, THEIR QUALIFICATIONS, THEIR BACKGROUND, THEIR IDENTITIES, THE ABILITY OF USER TO DELIVER THEIR SERVICES, NOR DO WE VALIDATE ANY REVIEWS.

7. LICENSES, PERMITS AND SERVICE PROVIDER QUALIFICATIONS WESTERN WATER MARKET DOES NOT REQUEST OR VERIFY ANY USER'S PROFESSIONAL CREDENTIALS, LICENSE, PERMIT OR QUALIFICATIONS. USERS MUST DETERMINE FOR THEMSELVES WHETHER ANOTHER USER HAS THE REQUISITE LICENSE AND QUALIFICATIONS TO PERFORM THE SERVICES REQUESTED.

8. YOUR ACCESS AND USE OF OUR SERVICES

A. YOUR RIGHT TO ACCESS AND USE OUR SERVICES IS PERSONAL TO YOU AND IS NOT TRANSFERABLE BY YOU TO ANY OTHER PERSON OR ENTITY. ACCESS TO OUR SERVICES MAY NOT BE AVAILABLE IN ALL LOCATIONS. YOU ARE ONLY ENTITLED TO ACCESS AND USE OUR SERVICES FOR LAWFUL PURPOSES AND PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. ANY ACTION BY YOU THAT, IN OUR SOLE DISCRETION: (I) VIOLATES THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE PRIVACY POLICY; (II) RESTRICTS, INHIBITS OR PREVENTS ANY ACCESS, USE OR ENJOYMENT OF OUR SERVICES; OR (III) THROUGH THE USE OF OUR SERVICES, DEFAMES, ABUSES, HARASSES, OFFENDS OR THREATENS OTHERS, SHALL NOT BE PERMITTED, AND MAY RESULT IN YOUR LOSS OF THE RIGHT TO ACCESS AND USE OUR SERVICES. 

B. THE RIGHTS GRANTED TO YOU IN THESE TERMS ARE SUBJECT TO THE FOLLOWING RESTRICTIONS: (I) YOU SHALL NOT LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, HOST, OR OTHERWISE COMMERCIALLY EXPLOIT THE SERVICES; (II) YOU SHALL NOT MODIFY, MAKE DERIVATIVE WORKS OF, DISASSEMBLE, REVERSE COMPILE OR REVERSE ENGINEER ANY PART OF THE SERVICES; (III) YOU SHALL NOT ACCESS THE SERVICES IN ORDER TO BUILD A SIMILAR OR COMPETITIVE SERVICE; AND (IV) EXCEPT AS EXPRESSLY STATED HEREIN, NO PART OF THE SERVICES MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS. ANY FUTURE RELEASE, UPDATE, OR OTHER ADDITION TO FUNCTIONALITY OF THE SERVICES SHALL BE SUBJECT TO THESE TERMS. 

C. FURTHERMORE, YOU AGREE THAT YOU WILL NOT USE ANY ROBOT, SPIDER, SCRAPER, DEEP LINK OR OTHER SIMILAR AUTOMATED DATA GATHERING OR EXTRACTION TOOLS, PROGRAM, ALGORITHM OR METHODOLOGY TO ACCESS, ACQUIRE, COPY OR MONITOR OUR SERVICES OR ANY PORTION OF OUR SERVICES OR FOR ANY OTHER PURPOSE, WITHOUT OUR PRIOR WRITTEN PERMISSION.  ADDITIONALLY, YOU AGREE THAT YOU WILL NOT: (I) TAKE ANY ACTION THAT IMPOSES, OR MAY IMPOSE IN OUR SOLE DISCRETION AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE; (II) COPY, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE OR PUBLICLY DISPLAY ANY CONTENT (EXCEPT FOR YOUR PERSONAL INFORMATION) FROM OUR SERVICES WITHOUT OUR PRIOR WRITTEN PERMISSION AND THE APPROPRIATE THIRD PARTY, AS APPLICABLE; (III) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF OUR SERVICES OR ANY ACTIVITIES CONDUCTED ON OUR SERVICES; (IV) BYPASS ANY ROBOT EXCLUSION HEADERS OR OTHER MEASURES WE MAY USE TO PREVENT OR RESTRICT ACCESS TO OUR SERVICES, OR (V) INTERFERE OR DISRUPT THE SERVICE OR SERVERS OR NETWORKS CONNECTED TO THE SERVICE, INCLUDING BY TRANSMITTING ANY WORMS, VIRUSES, SPYWARE, MALWARE OR ANY OTHER CODE OF A DESTRUCTIVE OR DISRUPTIVE NATURE.

D. EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT, YOU SHALL NOT COLLECT OR HARVEST ANY PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING ACCOUNT NAMES, FROM OUR SERVICES. 

E. OUR SERVICES MAY HAVE "PUBLICLY ACCESSIBLE AREAS" THAT ALLOW USERS TO POST USER CONTENT (DEFINED HEREAFTER) THAT WILL BE ACCESSIBLE BY THE PUBLIC OR THE USER POPULATION GENERALLY. AS A USER OF THE SERVICES, YOU ACKNOWLEDGE AND AFFIRMATIVELY AGREE THAT IN THE COURSE OF USING THE SERVICES YOU MAY BE EXPOSED TO USER CONTENT THAT MIGHT BE OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE. YOU FURTHER AGREE THAT WESTERN WATER MARKET SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE IN ANY WAY FOR ANY USER CONTENT.

F. YOU SHALL NOT USE ANY COMMUNICATION SYSTEMS PROVIDED ON OUR SERVICES INCLUDING, WITHOUT LIMITATION EMAIL AND CHAT SERVICES FOR ANY COMMERCIAL OR SOLICITATION PURPOSES OR TO CIRCUMVENT OUR SERVICES.  

G. YOU SHALL NOT SOLICIT FOR COMMERCIAL PURPOSES ANY USERS OF OUR SERVICES, THAT IS NOT INTENDED BY THE PURPOSE OF OUR SERVICES, WITHOUT OUR PRIOR WRITTEN PERMISSION.

H. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SERVICES.

9. PRIVACY AND YOUR PERSONAL INFORMATION

A. FOR INFORMATION ABOUT THE WESTERN WATER MARKET DATA PROTECTION PRACTICES AND PRIVACY POLICIES, PLEASE READ OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, WHERE YOU ACCESSED THESE TERMS OF SERVICE OR HERE (INCLUDE LINK TO PRIVACY POLICY PAGE HERE). THIS POLICY EXPLAINS HOW WE TREAT YOUR PERSONAL INFORMATION, AND PROTECT YOUR PRIVACY WHEN YOU USE THE SERVICES. YOU AGREE TO THE USE OF YOUR DATA BY WESTERN WATER MARKET IN ACCORDANCE WITH THE WESTERN WATER MARKET PRIVACY POLICY.

10. INFORMATION ACCURACY

A. WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION APPEARING ON OUR SERVICES, IN OUR LISTINGS OR IN OTHER CONTENT AVAILABLE ON THIS SITE INCLUDING, WITHOUT LIMITATION, INFORMATION POSTED OR UPLOADED BY OUR USERS.

B. WE ATTEMPT TO ENSURE THAT INFORMATION ON THIS SERVICE IS COMPLETE, ACCURATE AND CURRENT, HOWEVER, DESPITE OUR BEST EFFORTS, THE INFORMATION ON OUR SERVICE MAY OCCASIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE AND WESTERN WATER MARKET DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR SUCH INFORMATION. BY USING THE SERVICES, YOU AGREE TO ACCEPT SUCH RISKS.

11. PROPRIETARY RIGHTS

A. AS BETWEEN WESTERN WATER MARKET AND YOU, WESTERN WATER MARKET OR ITS LICENSORS OWN AND RESERVE ALL RIGHT, TITLE AND INTEREST IN AND TO THE SERVICE AND ALL HARDWARE, SOFTWARE AND OTHER ITEMS USED TO PROVIDE THE SERVICE, OTHER THAN THE RIGHTS EXPLICITLY GRANTED TO YOU TO USE THE SERVICE IN ACCORDANCE WITH THIS TERMS. NO TITLE TO OR OWNERSHIP OF ANY PROPRIETARY RIGHTS RELATED TO THE SERVICE IS TRANSFERRED TO YOU PURSUANT TO THESE TERMS. ALL RIGHTS NOT EXPLICITLY GRANTED TO YOU ARE RESERVED BY WESTERN WATER MARKET.

12. INTELLECTUAL PROPERTY RIGHTS

A. OUR NAMES, GRAPHICS, VIDEOS, LOGOS, PAGE HEADERS, BUTTON ICONS, SCRIPTS, AND SERVICE NAMES ARE OUR TRADEMARKS OR TRADE DRESS IN THE UNITED STATES AND/OR OTHER COUNTRIES (COLLECTIVELY, THE "PROPRIETARY MARKS"), ARE OWNED BY WESTERN WATER MARKET. YOU MAY NOT USE THE PROPRIETARY MARKS WITHOUT OUR PRIOR WRITTEN PERMISSION. 

B. WE MAKE NO PROPRIETARY CLAIM TO ANY THIRD-PARTY NAMES, TRADEMARKS OR SERVICE MARKS APPEARING ON OUR SERVICES. ANY THIRD-PARTY NAMES, TRADEMARKS, AND SERVICE MARKS ARE PROPERTY OF THEIR RESPECTIVE OWNERS. 

C. THE INFORMATION, DESCRIPTIONS, ADVICE, DATA, SOFTWARE AND CONTENT VIEWABLE ON, CONTAINED IN, OR DOWNLOADABLE FROM OUR SERVICES (COLLECTIVELY, "OUR CONTENT"), INCLUDING, WITHOUT LIMITATION, ALL TEXT, GRAPHICS, PICTURES, PHOTOGRAPHS, IMAGES, VIDEOS, LINE ART, ICONS AND RENDITIONS, ARE COPYRIGHTED BY, OR OTHERWISE LICENSED TO US OR OUR CONTENT SUPPLIERS. 

D. WE ALSO OWN A COPYRIGHT OF A COLLECTIVE WORK IN THE SELECTION, COORDINATION, ARRANGEMENT, PRESENTATION, DISPLAY AND ENHANCEMENT OF OUR CONTENT (THE "COLLECTIVE WORK"). 

E. ALL SOFTWARE USED ON, OR WITHIN OUR SERVICES IS OUR PROPERTY OR THE PROPERTY OF OUR SOFTWARE VENDORS AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS. VIEWING, READING, PRINTING, DOWNLOADING OR OTHERWISE USING OUR CONTENT AND/OR THE COLLECTIVE WORK DOES NOT ENTITLE YOU TO ANY OWNERSHIP OR INTELLECTUAL PROPERTY RIGHTS TO OUR CONTENT, THE COLLECTIVE WORK, OR THE SOFTWARE.

F. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR INFRINGEMENT OF OUR, OR ANY THIRD-PARTIES, INTELLECTUAL PROPERTY RIGHTS REGARDING THE TRADEMARKS, OUR CONTENT, THE COLLECTIVE WORK, THE SOFTWARE AND/OR ANY OTHER HARM INCURRED BY US OR OUR AFFILIATES AS A, DIRECT OR INDIRECT, RESULT OF YOUR COPYING, DISTRIBUTING, REDISTRIBUTING, TRANSMITTING, PUBLISHING OR USING THE SAME FOR PURPOSES THAT ARE CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

13. USE OF OUR CONTENT; LICENSE

A. WE GRANT YOU A LIMITED, NONEXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS, PRINT, DOWNLOAD OR OTHERWISE MAKE PERSONAL USE OF OUR CONTENT AND THE COLLECTIVE WORK FOR YOUR NONCOMMERCIAL PERSONAL USE PROVIDED, HOWEVER, THAT YOU SHALL NOT DELETE ANY PROPRIETARY NOTICES OR MATERIALS WITH REGARD TO THE FOREGOING. 

B. YOU MAY NOT MODIFY OUR CONTENT OR THE COLLECTIVE WORK OR UTILIZE THEM FOR ANY COMMERCIAL PURPOSE OR ANY OTHER PUBLIC DISPLAY, PERFORMANCE, SALE, OR RENTAL. YOU MAY NOT DECOMPILE, REVERSE ENGINEER, OR DISASSEMBLE OUR CONTENT, AND THE COLLECTIVE WORK, OR TRANSFER OUR CONTENT OR THE COLLECTIVE WORK TO ANOTHER PERSON OR ENTITY.

14. USER CONTENT RIGHTS AND RELATED RESPONSIBILITIES; LICENSE

A. "USER CONTENT" MEANS, WITHOUT LIMITATION, ANY MESSAGES, TEXTS, REVIEWS, DIGITAL FILES, IMAGES, PHOTOS, PERSONAL PROFILE (INCLUDING YOUR PHOTO), ARTWORK, VIDEOS, AUDIO, COMMENTS, FEEDBACK, SUGGESTIONS, DOCUMENTS, OR ANY OTHER CONTENT YOU UPLOAD, TRANSMIT OR OTHERWISE MAKE AVAILABLE TO WESTERN WATER MARKET AND ITS USERS VIA THE SERVICES. YOU REPRESENT AND WARRANT THAT YOUR USER CONTENT DOES NOT INFRINGE UPON ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT OF ANY PARTY, AND THAT YOU OWN OR OTHERWISE CONTROL THE RIGHTS TO YOUR USER CONTENT AND THAT EACH AND EVERY PART THEREOF, IS AN ORIGINAL WORK BY YOU, OR YOU HAVE OBTAINED ALL RIGHTS, LICENSES, CONSENTS AND PERMISSIONS NECESSARY IN ORDER TO USE THOSE PARTS AT ANY AND ALL TIMES. YOU FURTHER AGREE TO INDEMNIFY WESTERN WATER MARKET AND ITS AFFILIATES FOR ALL CLAIMS ARISING FROM OR IN CONNECTION WITH ANY CLAIMS TO ANY RIGHTS IN YOUR  USER CONTENT OR ANY DAMAGES ARISING FROM YOUR USER CONTENT.

B. BY SUBMITTING USER CONTENT ON OR THROUGH THE SERVICE, YOU GRANT WESTERN WATER MARKET A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE LICENSE (WITH THE RIGHT TO SUBLICENSE) TO USE, RE-USE, REPRODUCE, TRANSMIT, PRINT, PUBLISH, DISPLAY, EXHIBIT, DISTRIBUTE, RE-DISTRIBUTE, COPY, HOST, STORE, CACHE, ARCHIVE, INDEX, CATEGORIZE, COMMENT ON, BROADCAST, STREAM, DOWNLOAD, EDIT, ALTER, MODIFY, ADAPT, TRANSLATE, CREATE DERIVATIVE WORKS BASED UPON AND PUBLICLY PERFORM SUCH USER CONTENT WITHOUT ATTRIBUTION, AND WITHOUT THE  REQUIREMENT OF ANY PERMISSION FROM, OR PAYMENT TO, YOU OR TO ANY OTHER PERSON OR ENTITY, IN ANY MANNER INCLUDING, WITHOUT LIMITATION, FOR COMMERCIAL, PUBLICITY, TRADE, PROMOTIONAL, OR ADVERTISING PURPOSES, AND IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED.

C. IN ORDER FOR US TO PROVIDE THE SERVICE TO YOU, WE REQUIRE THAT YOU GRANT US CERTAIN RIGHTS WITH RESPECT TO USER CONTENT, INCLUDING THE ABILITY TO TRANSMIT, MANIPULATE, PROCESS, STORE AND COPY USER CONTENT IN ORDER TO PROVIDE OUR SERVICES. YOUR ACCEPTANCE OF THIS AGREEMENT GIVES US THE PERMISSION TO DO SO AND GRANTS US ANY SUCH RIGHTS NECESSARY TO PROVIDE THE SERVICE TO YOU.

D. YOU AGREE THAT ANY USER CONTENT YOU SUBMIT TO OUR SERVICE MAY BE VIEWED BY OTHER USERS, ANY PERSON VISITING OR PARTICIPATING IN THE SERVICE AND BY THE PUBLIC IN GENERAL.

E. WESTERN WATER MARKET EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE LOSS OR DAMAGE TO ANY USER CONTENT OR ANY LOSSES OR DAMAGES YOU INCUR AS A RESULT OF THE LOSS OR DAMAGE OF ANY USER CONTENT. IT IS YOUR RESPONSIBILITY TO BACK-UP ANY USER CONTENT TO PREVENT IT'S LOSS.

F. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, INCLUDING, WITHOUT LIMITATION, REVIEWS, COMMENTS AND FEEDBACK, AND ANY DAMAGES SUFFERED BY WESTERN WATER MARKET RESULTING THEREFROM.

G. WESTERN WATER MARKET MAY BLOCK, REMOVE OR RETURN ANY USER CONTENT AT ANY TIME FOR ANY REASON WHATSOEVER, OR FOR NO REASON AT ALL. WE ARE NOT RESPONSIBLE FOR THE AUTHENTICITY, ACCURACY, COMPLETENESS, APPROPRIATENESS, OR LEGALITY OF USER CONTENT.

H. YOU REPRESENT AND WARRANT THAT ALL INFORMATION THAT YOU SUBMIT IS AUTHENTIC, ACCURATE AND TRUTHFUL AND THAT YOU WILL PROMPTLY UPDATE ANY INFORMATION PROVIDED BY YOU THAT SUBSEQUENTLY BECOMES INACCURATE, MISLEADING OR FALSE.

I. USER CONTENT IS NOT CONSIDERED TO BE CONFIDENTIAL. YOU AGREE NOT TO SUBMIT USER CONTENT IN WHICH YOU HAVE ANY EXPECTATION OF PRIVACY. 

J. WESTERN WATER MARKET HAS NO CONTROL OVER USER CONTENT ONCE POSTED, AND IT IS POSSIBLE THAT VISITORS TO THE SITE MAY COPY USER CONTENT AND REPOST IT ELSEWHERE. 

K. YOU AGREE NOT TO UPLOAD OR POST AS PART OF THE SERVICE ANY CONTENT THAT IS FALSE, OFFENSIVE, INACCURATE, INCOMPLETE, ABUSIVE, OBSCENE, PROFANE, THREATENING, INTIMIDATING, HARASSING, DEFAMATORY, RACIALLY OR ETHNICALLY OFFENSIVE, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, INCLUSIVE OF HATE SPEECH, VIOLATES THE RIGHTS OF ANY PARTY, GIVES RISE TO LIABILITY, IS POLITICALLY ORIENTED OR WOULD CONSTITUTE OR ENCOURAGE A CRIMINAL OFFENSE.

15. INTERRUPTION OF SERVICE

A. YOUR ACCESS AND USE OF OUR SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF OUR SERVICES OR OTHER ACTIONS THAT WE, IN OUR SOLE DISCRETION, MAY ELECT TO TAKE. 

B. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INTERRUPTION OF THE SERVICES OR ANY PART THEREOF.

16. SUSPENSION AND TERMINATION OF SERVICES 

A. WE RESERVE THE RIGHT TO MODIFY, SUSPEND OR TERMINATE THE SERVICE, ANY SUBSCRIBER ACCOUNT OR YOUR ACCESS TO THE SERVICE FOR ANY REASON, WITHOUT NOTICE, AT ANY TIME, AND WITHOUT LIABILITY TO YOU.

B. WE RESERVE THE RIGHT TO REFUSE ACCESS TO THE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.

17. THIRD PARTY LINKS, SERVICES AND CONTENT

THE SERVICE MAY CONTAIN FEATURES, SERVICES AND FUNCTIONALITIES LINKING YOU TO, OR PROVIDING YOU WITH ACCESS TO THIRD PARTY SERVICES AND CONTENT, WEBSITES, DIRECTORIES, SERVERS, NETWORKS, SYSTEMS, INFORMATION, DATABASES, APPLICATIONS, SOFTWARE, PROGRAMS, SERVICES, AND THE INTERNET AS A WHOLE. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. WHEN YOU VISIT OR USE A THIRD PARTY’S WEBSITE YOU AGREE TO READ AND CONSENT TO THE THIRD PARTY’S TERMS OF SERVICE AND PRIVACY POLICY AND YOU RELEASE US FROM ANY LIABILITY.

18. ELECTRONIC COMMUNICATIONS

A. ALTHOUGH WE MAY CHOOSE TO COMMUNICATE WITH YOU BY REGULAR MAIL, WE MAY ALSO CHOOSE TO COMMUNICATE WITH YOU BY ELECTRONIC MEANS INCLUDING, WITHOUT LIMITATION, EMAIL, TELEPHONE, TEXT, SMS OR BY POSTING NOTICES ON OUR SERVICES.  WHEN YOU USE OUR SERVICES, YOU CONSENT TO COMMUNICATING WITH US ELECTRONICALLY.  

B. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

19. ELECTRONIC TRANSACTIONS

A. YOUR USE OF THE SERVICES INCLUDES THE ABILITY TO ENTER INTO AGREEMENTS, INCLUDING THESE TERMS, AND TO MAKE TRANSACTIONS ELECTRONICALLY, INCLUDING FINANCIAL TRANSACTIONS, PAYMENTS AND PURCHASES. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS, FINANCIAL TRANSACTIONS, PAYMENTS AND PURCHASES. 

B. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING PURCHASES, FINANCIAL TRANSACTIONS, NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. 

C. IN ORDER TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MAY BE REQUIRED TO HAVE CERTAIN HARDWARE AND SOFTWARE, WHICH ARE YOUR SOLE RESPONSIBILITY.

20. THIRD PARTY SOCIAL NETWORKING

IF YOU ACCESS OUR SERVICES THROUGH A THIRD PARTY SOCIAL NETWORKING  SITE OR APPLICATION INCLUDING, BUT NOT LIMITED TO, FACEBOOK, LINKEDIN OR TWITTER, YOU AUTHORIZE WESTERN WATER MARKET TO ACCESS CERTAIN INFORMATION ABOUT YOU THAT IS MADE AVAILABLE THROUGH THAT THIRD PARTY SOCIAL NETWORKING SITE ACCORDING TO YOUR PRIVACY SETTINGS, AND FURTHER AUTHORIZE US TO COLLECT, STORE, RETAIN AND USE, YOUR INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.

21. SECURITY

VIOLATING THE SECURITY OF OUR WEBSITE AND SERVICES IS PROHIBITED AND MAY RESULT IN CRIMINAL AND CIVIL LIABILITY. WESTERN WATER MARKET MAY INVESTIGATE INCIDENTS INVOLVING SUCH VIOLATIONS AND MAY INVOLVE, AND WILL COOPERATE WITH LAW, ENFORCEMENT IF A CRIMINAL VIOLATION IS SUSPECTED. SECURITY VIOLATIONS INCLUDE, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR USE OF DATA OR SYSTEMS INCLUDING ANY ATTEMPT TO PROBE, SCAN, OR TEST THE VULNERABILITY OF THE SERVICE OR TO BREACH SECURITY OR AUTHENTICATION MEASURES, UNAUTHORIZED MONITORING OF DATA OR TRAFFIC AND INTERFERENCE WITH SERVICE TO ANY USER, HOST, OR NETWORK.

22. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

WE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. WE RESERVE THE RIGHT TO REMOVE ANY USER CONTENT ON THE SERVICES WHICH ALLEGEDLY INFRINGE UPON ANOTHER PERSON'S COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT, AND/OR TERMINATE, DISCONTINUE, SUSPEND AND/OR RESTRICT THE ACCOUNT OR ABILITY TO VISIT AND/OR USE THE SERVICES OR REMOVE, EDIT, OR DISABLE ANY USER CONTENT ON THE SERVICES WHICH ALLEGEDLY INFRINGE UPON ANOTHER PERSON'S INTELLECTUAL PROPERTY RIGHTS. WE PROVIDE THIS POLICY PURSUANT TO SECTION 512 OF THE COPYRIGHT REVISION ACT, AS ENACTED THROUGH THE DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA").

A VALID COMPLAINT UNDER THE DMCA MUST PROVIDE THE FOLLOWING INFORMATION IN WRITING:

A. AN ELECTRONIC OR PHYSICAL SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER.

B. IDENTIFICATION OF THE COPYRIGHTED WORK THAT YOU CLAIM HAS BEEN INFRINGED.

C. IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING AND WHERE IT IS LOCATED ON THE SERVICE.

D. INFORMATION REASONABLY SUFFICIENT TO PERMIT US TO CONTACT YOU, SUCH AS YOUR ADDRESS, TELEPHONE NUMBER, AND, EMAIL ADDRESS.

E. A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR LAW.

F. A STATEMENT, MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE INFORMATION IS ACCURATE, AND THAT YOU ARE THE COPYRIGHT OWNER OR ARE AUTHORIZED TO ACT ON BEHALF OF THE OWNER.

FEDERAL LAW PROVIDES THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. THE ABOVE INFORMATION MUST BE SUBMITTED TO THE COPYRIGHT AGENT AT: SUPPORT@WESTERNWATERMARKET.COM

23. INTERACTION WITH OTHERS

A. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE IDENTITY, SUITABILITY AND FOR YOUR INTERACTIONS WITH THE PEOPLE YOU CHOOSE TO ENGAGE WITH THROUGH THE SERVICE. WHEN INTERACTING WITH OTHER USERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE PEOPLE YOU CHOOSE TO INTERACT WITH. WHILE NOT OBLIGATED TO DO SO, WESTERN WATER MARKET RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CONDUCT ANY CRIMINAL OR OTHER BACKGROUND CHECK OR SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

B. YOU ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE PERSONAL INTERACTIONS WITH OTHERS.

C. IN NO EVENT SHALL WESTERN WATER MARKET, ITS EMPLOYEES, CONSULTANTS, EXECUTIVES OR OFFICERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THEFT, BODILY INJURY, EMOTIONAL DISTRESS, DEATH AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH, CONTACT WITH OR PERSONAL INTERACTION WITH OTHER USERS.

24. DISCLAIMERS; NO WARRANTIES

A. ALL SERVICES AVAILABLE FROM WESTERN WATER MARKET ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WESTERN WATER MARKET AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “WESTERN WATER MARKET PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

B. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) OUR SERVICES, AND THE SERVICES OF THE USERS OF OUR SERVICES, WILL BE EFFECTIVE, RELIABLE OR MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF OUR SERVICES OR INFORMATION OBTAINED BY YOU FROM OR THOUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

C. OUR SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO OUR SERVICES AND INFORMATION ON THIS SITE AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.

D. THE WESTERN WATER MARKET PARTIES DO NOT WARRANT THAT OUR SERVICES OR THE SERVERS THAT MAKE OUR SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE. 

E. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH OUR SERVICE. 

F. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO OUR SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

G. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

25. LIMITATION OF LIABILITY

A. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  

B. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES. 

C. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.

D. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR ANY CLAIMS HEREUNDER, SHALL NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE GREATER OF EITHER THE AMOUNT YOU HAVE PAID TO WESTERN WATER MARKET FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS OR $100.

E. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

F. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. 

26. INDEMNIFICATION

A. YOU AGREE THAT YOU WILL BE PERSONALLY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WESTERN WATER MARKET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ AND ACCOUNTING FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO, USE OF OR ALLEGED USE OF THE SERVICE, INCLUDING INFORMATION OR USER CONTENT SUBMITTED THROUGH YOUR ACCOUNT; (II) YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY REPRESENTATION, WARRANTY, OR AGREEMENTS REFERENCED HEREIN, OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR INFRINGEMENT UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS; (IV) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION PUBLICITY, CONFIDENTIALITY, OR PRIVACY RIGHT; (V) SERIOUS PHYSICAL OR EMOTIONAL HARM, INCLUDING DEATH, TO YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SERVICES, OR (VI) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. 

B. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIM. 

27. GENERAL RELEASE

A. BY USING THE SERVICES, YOU RELEASE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, WESTERN WATER MARKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, AND ANY INTERACTION WITH OTHER USERS THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY SERIOUS PHYSICAL OR EMOTIONAL HARM, INCLUDING DEATH, TO YOU OR ANY THIRD PARTY.

B. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 

28. GOVERNING LAW

THIS AGREEMENT, AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES. THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS IN THE STATE OF WASHINGTON IN AND FOR THE COUNTY IN WHICH WESTERN WATER MARKET HAS ESTABLISHED ITS PRINCIPAL OFFICE.

29. OUR REMEDIES

A. YOU ACKNOWLEDGE THAT WE MAY BE IRREPARABLY DAMAGED IF THIS AGREEMENT IS NOT SPECIFICALLY ENFORCED, AND DAMAGES AT LAW WOULD BE AN INADEQUATE REMEDY. THEREFORE, IN THE EVENT OF A BREACH OR THREATENED BREACH OF ANY PROVISION OF THIS AGREEMENT BY YOU, WE SHALL BE ENTITLED, IN ADDITION TO ALL RIGHTS AND REMEDIES, TO AN INJUNCTION RESTRAINING SUCH BREACH OR THREATENED BREACH, WITHOUT BEING REQUIRED TO SHOW ANY ACTUAL DAMAGE OR TO POST AN INJUNCTION BOND, AND/OR TO A DECREE FOR SPECIFIC PERFORMANCE OF THE PROVISIONS OF THIS AGREEMENT.  

B. FOR PURPOSES OF THIS SECTION, YOU AGREE THAT ANY ACTION OR PROCEEDING WITH REGARD TO SUCH INJUNCTION RESTRAINING SUCH BREACH OR THREATENED BREACH SHALL BE BROUGHT IN THE STATE COURTS OF RECORD OR A UNITED STATES DISTRICT COURT FOR THE STATE OF WASHINGTON IN AND FOR THE COUNTY IN WHICH WESTERN WATER MARKET HAS ESTABLISHED ITS PRINCIPAL OFFICE. YOU CONSENT TO THE JURISDICTION OF SUCH COURT AND WAIVE ANY OBJECTION TO THE VENUE OF ANY SUCH ACTION OR PROCEEDING IN SUCH COURT.  

30. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOU AND WESTERN WATER MARKET AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN, OR MAY ARISE, BETWEEN YOU AND WESTERN WATER MARKET (INCLUDING ANY CLAIM OR DISPUTE BETWEEN YOU AND A THIRD-PARTY AGENT OF WESTERN WATER MARKET) THAT RELATES IN ANY WAY TO OR ARISES OUT OF THIS OR PREVIOUS VERSIONS OF THIS AGREEMENT, YOUR USE OF OR ACCESS TO THE SERVICES, THE ACTIONS OF WESTERN WATER MARKET OR ITS AGENTS, OR ANY PRODUCTS OR SERVICES SOLD OR PURCHASED THROUGH THE SERVICES, WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS DISPUTE RESOLUTION SECTION.

A. APPLICABLE LAW. YOU AGREE THAT, EXCEPT TO THE EXTENT INCONSISTENT WITH OR PREEMPTED BY FEDERAL LAW, THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THIS AGREEMENT AND ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND WESTERN WATER MARKET, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT.

B. AGREEMENT TO ARBITRATE. THIS DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION IS REFERRED TO IN THESE TERMS AS THE "ARBITRATION AGREEMENT." YOU AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND WESTERN WATER MARKET, WHETHER ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE (INCLUDING ANY ALLEGED BREACH THEREOF), THE SERVICES, ANY ADVERTISING, ANY ASPECT OF THE RELATIONSHIP OR TRANSACTIONS BETWEEN US, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN A COURT, IN ACCORDANCE WITH THE TERMS OF THIS ARBITRATION AGREEMENT, EXCEPT THAT YOU MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WESTERN WATER MARKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. IF YOU RESIDE IN THE U.S., THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT.

C. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. YOU AND WESTERN WATER MARKET AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WESTERN WATER MARKET 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. ALSO, 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).

D. PRE-ARBITRATION DISPUTE RESOLUTION. WE AT WESTERN WATER MARKET BELIEVE THAT MOST USER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE USER'S SATISFACTION BY EMAILING USER SUPPORT AT SUPPORT@WESTERNWATERMARKET.COM. IF SUCH EFFORTS PROVE UNSUCCESSFUL, A PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST SEND TO THE OTHER, BY CERTIFIED MAIL, A WRITTEN NOTICE OF DISPUTE ("NOTICE"). THE NOTICE TO WESTERN WATER MARKET SHOULD BE SENT TO THE ADDRESS PROVIDED IN THE CONTACT US SECTION AT THE END OF THESE TERMS OF SERVICE  ("NOTICE ADDRESS"). THE NOTICE MUST (I) DESCRIBE THE NATURE AND BASIS OF THE CLAIM OR DISPUTE AND (II) SET FORTH THE SPECIFIC RELIEF SOUGHT. IF WESTERN WATER MARKET AND YOU DO NOT RESOLVE THE CLAIM WITHIN SIXTY (60) CALENDAR DAYS AFTER THE NOTICE IS RECEIVED, YOU OR WESTERN WATER MARKET MAY COMMENCE AN ARBITRATION PROCEEDING. DURING THE ARBITRATION, THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY WESTERN WATER MARKET OR YOU SHALL NOT BE DISCLOSED TO THE ARBITRATOR DURING THE ARBITRATION PROCEEDING.

E. ARBITRATION PROCEDURES. ARBITRATION WILL BE CONDUCTED BY A NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION'S ("AAA") RULES AND PROCEDURES, INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (COLLECTIVELY, THE "AAA RULES"), AS MODIFIED BY THIS ARBITRATION AGREEMENT. FOR INFORMATION ON THE AAA, PLEASE VISIT ITS WEBSITE, HTTP://WWW.ADR.ORG. IF THERE IS ANY INCONSISTENCY BETWEEN ANY TERM OF THE AAA RULES AND ANY TERM OF THIS ARBITRATION AGREEMENT, THE APPLICABLE TERMS OF THIS ARBITRATION AGREEMENT WILL CONTROL UNLESS THE ARBITRATOR DETERMINES THAT THE APPLICATION OF THE INCONSISTENT ARBITRATION AGREEMENT TERMS WOULD NOT RESULT IN A FUNDAMENTALLY FAIR ARBITRATION. THE ARBITRATOR MUST ALSO FOLLOW THE PROVISIONS OF THESE TERMS OF SERVICE AS A COURT WOULD. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING, BUT NOT LIMITED TO, ISSUES RELATING TO THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION AGREEMENT. ALTHOUGH ARBITRATION PROCEEDINGS ARE USUALLY SIMPLER AND MORE STREAMLINED THAN TRIALS AND OTHER JUDICIAL PROCEEDINGS, THE ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF ON AN INDIVIDUAL BASIS THAT A COURT CAN AWARD TO AN INDIVIDUAL UNDER THE TERMS OF SERVICE AND APPLICABLE LAW. DECISIONS BY THE ARBITRATOR ARE ENFORCEABLE IN COURT AND MAY BE OVERTURNED BY A COURT ONLY FOR VERY LIMITED REASONS. UNLESS WESTERN WATER MARKET AND YOU AGREE OTHERWISE, ANY ARBITRATION HEARINGS WILL TAKE PLACE IN A REASONABLY CONVENIENT LOCATION FOR BOTH PARTIES WITH DUE CONSIDERATION OF THEIR ABILITY TO TRAVEL AND OTHER PERTINENT CIRCUMSTANCES. IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, THE DETERMINATION SHALL BE MADE BY AAA. IF YOUR CLAIM IS FOR USD $10,000 OR LESS, WESTERN WATER MARKET AGREES THAT YOU MAY CHOOSE WHETHER THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF DOCUMENTS SUBMITTED TO THE ARBITRATOR, THROUGH A TELEPHONIC HEARING, OR BY AN IN-PERSON HEARING AS ESTABLISHED BY THE AAA RULES. IF YOUR CLAIM EXCEEDS USD $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES. REGARDLESS OF THE MANNER IN WHICH THE ARBITRATION IS CONDUCTED, THE ARBITRATOR SHALL ISSUE A REASONED WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED. PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES (COLLECTIVELY, THE "ARBITRATION FEES") WILL BE GOVERNED BY THE AAA RULES, UNLESS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. ANY PAYMENT OF ATTORNEYS' FEES WILL BE GOVERNED BY THE AAA RULES.

F. CONFIDENTIALITY. ALL ASPECTS OF THE ARBITRATION PROCEEDING, AND ANY RULING, DECISION, OR AWARD BY THE ARBITRATOR, WILL BE STRICTLY CONFIDENTIAL FOR THE BENEFIT OF ALL PARTIES.

G. SEVERABILITY. IF A COURT OR THE ARBITRATOR DECIDES THAT ANY TERM OR PROVISION OF THIS ARBITRATION AGREEMENT (OTHER THAN THE SUBSECTION TITLED "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF" ABOVE) IS INVALID OR UNENFORCEABLE, THE PARTIES AGREE TO REPLACE SUCH TERM OR PROVISION WITH A TERM OR PROVISION THAT IS VALID AND ENFORCEABLE AND THAT COMES CLOSEST TO EXPRESSING THE INTENTION OF THE INVALID OR UNENFORCEABLE TERM OR PROVISION, AND THIS ARBITRATION AGREEMENT SHALL BE ENFORCEABLE AS SO MODIFIED. IF A COURT OR THE ARBITRATOR DECIDES THAT ANY OF THE PROVISIONS OF THE SUBSECTION ABOVE TITLED "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF" ARE INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION AGREEMENT SHALL BE NULL AND VOID. THE REMAINDER OF THE TERMS OF SERVICE WILL CONTINUE TO APPLY.

H. JUDICIAL FORUM FOR LEGAL DISPUTES. UNLESS YOU AND WE AGREE OTHERWISE, IN THE EVENT THAT THE ARBITRATION AGREEMENT ABOVE IS FOUND NOT TO APPLY TO YOU OR TO A PARTICULAR CLAIM OR DISPUTE AS A RESULT OF A DECISION BY THE ARBITRATOR OR A COURT ORDER, YOU AGREE THAT ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND US MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON IN AND FOR THE COUNTY IN WHICH WESTERN WATER MARKET HAS ESTABLISHED ITS PRINCIPAL OFFICE. YOU AND WE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN THE STATE OF WASHINGTON FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES. YOU ALSO AGREE THAT: (I) OUR SERVICES SHALL BE DEEMED SOLELY BASED IN THE STATE OF WASHINGTON; AND (II) OUR SERVICES SHALL BE DEEMED PASSIVE SERVICES THAT DO NOT GIVE RISE TO PERSONAL JURISDICTION OVER US AND OUR ASSIGNS, EITHER SPECIFIC OR GENERAL, IN JURISDICTIONS OTHER THAN THE STATE OF WASHINGTON.

31. DISPUTES BETWEEN USERS

THE WESTERN WATER MARKET PLATFORM IS A VENUE FOR CONNECTING USERS OF OUR SERVICE AND WE ARE NOT A PARTY TO ANY CONTACT OR AGREEMENT BETWEEN USERS. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE WESTERN WATER MARKET  AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

32. LAW ENFORCEMENT

WESTERN WATER MARKET IS COMMITTED TO COOPERATING WITH LAW ENFORCEMENT WHILE RESPECTING EACH INDIVIDUAL’S RIGHT TO PRIVACY. IF WESTERN WATER MARKET RECEIVES A REQUEST FOR USER ACCOUNT INFORMATION FROM A GOVERNMENT AGENCY INVESTIGATING CRIMINAL ACTIVITY, WE WILL REVIEW THE REQUEST TO BE CERTAIN THAT IT SATISFIES ALL LEGAL REQUIREMENTS BEFORE RELEASING INFORMATION TO THE REQUESTING AGENCY.

33. NOTICE TO CALIFORNIA RESIDENTS

IF YOU ARE A CALIFORNIA RESIDENT, UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, YOU MAY CONTACT THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS IN WRITING, CURRENTLY AT: 1625 N. MARKET BLVD., SUITE N-112, SACRAMENTO, CALIFORNIA 95834, OR BY TELEPHONE, CURRENTLY AT (800) 952-5210 IN ORDER TO RESOLVE A COMPLAINT REGARDING OUR WEBSITE OR TO RECEIVE FURTHER INFORMATION REGARDING USE OF OUR WEBSITE.

34. AMENDMENTS TO THIS AGREEMENT

WE RESERVE THE RIGHT TO UPDATE, AMEND AND/OR CHANGE THIS AGREEMENT AT ANY TIME IN OUR SOLE DISCRETION AND WITHOUT NOTICE. UPDATES TO THIS AGREEMENT WILL BE POSTED HERE. AMENDMENTS WILL TAKE EFFECT IMMEDIATELY UPON US POSTING THE UPDATED AGREEMENT ON OUR SERVICES.  YOU ARE ENCOURAGED TO REVISIT THIS AGREEMENT FROM TIME TO TIME IN ORDER TO REVIEW ANY CHANGES THAT HAVE BEEN MADE. THE DATE ON WHICH THIS AGREEMENT WAS LAST UPDATED WILL BE NOTED IMMEDIATELY BELOW THIS AGREEMENT. YOUR CONTINUED ACCESS AND USE OF OUR SERVICES FOLLOWING THE POSTING OF ANY SUCH CHANGES SHALL AUTOMATICALLY BE DEEMED YOUR ACCEPTANCE OF ALL CHANGES.

35. SEVERABILITY

IF ANY PORTION OF THIS AGREEMENT IS DEEMED UNLAWFUL, VOID OR UNENFORCEABLE BY ANY ARBITRATOR OR COURT OF COMPETENT JURISDICTION, THIS AGREEMENT AS A WHOLE SHALL NOT BE DEEMED UNLAWFUL, VOID OR UNENFORCEABLE, BUT ONLY THAT PORTION OF THIS AGREEMENT THAT IS UNLAWFUL, VOID OR UNENFORCEABLE SHALL BE STRICKEN FROM THIS AGREEMENT.

36. NO WAIVER

OUR FAILURE TO ENFORCE ANY RIGHT OR PROVISION IN THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION UNLESS ACKNOWLEDGED AND AGREED TO BY US IN WRITING.

37. SURVIVAL

ALL COVENANTS, AGREEMENTS, REPRESENTATIONS AND WARRANTIES MADE IN THIS AGREEMENT, AS MAY BE AMENDED BY US, FROM TIME TO TIME, SHALL SURVIVE YOUR ACCEPTANCE OF THIS AGREEMENT AND THE TERMINATION OF THIS AGREEMENT.

38. ENTIRE UNDERSTANDING

THIS AGREEMENT AND THE PRIVACY POLICY REPRESENT THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND US REGARDING THE SUBJECT MATTER OF THE SAME, AND SUPERSEDE ALL OTHER PREVIOUS AGREEMENTS, UNDERSTANDINGS AND/OR REPRESENTATIONS REGARDING THE SAME.

IF YOU HAVE QUESTIONS, COMMENTS, CONCERNS OR FEEDBACK REGARDING THIS AGREEMENT OR OUR SERVICES, PLEASE CONTACT US AT SUPPORT@WESTERNWATERMARKET.COM.

LAST UPDATED: JANUARY 9, 2020