Water Cooler Group, LLC
Last Updated: January 8, 2020
1. Acceptance of Terms; Modification of Terms
2. Website License
Violation of this License may result in infringement of intellectual property and contractual rights of WCG or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
3. Third-Party Communications and Third-party Content
By using the Website, you expressly relieve and hold WCG harmless from any and all liability arising from your use of any Third Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third Party Content on the Website or the failure of such Third Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
4. Prohibited Conduct; Limitations on Website Use; Unlawful Activity
The Website and Website Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features of the Website, or without the express prior written consent of WCG and/or the applicable third-party owner thereof, in each instance.
Without limiting the foregoing, while accessing the Website, you may not conduct any of the following activities:
- Use information learned from the Website to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of WCG or its employees outside of the Website.
- Submit any text, information, or content through the contact form on the Website to abuse, harass, stalk, threaten, bully or otherwise intimidate WCG or its employees.
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof.
- Modify, adapt, translate or create derivative works based upon the Website or any part thereof.
- Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Website in any manner.
- Adapt, alter, license, sublicense or translate the Website for your own personal or commercial use.
- Interfere with or damage operation of the Website by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.
- Use the Website for any purpose in violation of applicable local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
- Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining WCG’s trade secret information for public disclosure or other purposes.
- Use, transfer, distribute or dispose of Website IP in any manner that could compete with the business of WCG.
- Cause or induce any third-party to engage in the restricted activities above.
5. Unlawful Activity; Suspension and/or Termination of Website Access
6. Representations and Warranties.
7. Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WCG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
WITHOUT LIMITING THE FOREGOING, NEITHER WCG NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, or that defects will be corrected or that it will always be accessible; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY WEBSITE CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER WCG NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WCG AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
8. Limitations of Liability; Class Action Waiver
YOU ACKNOWLEDGE AND AGREE THAT WCG IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD WCG, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, CLIENTS, VENDORS OR OTHER CONTRACTING PARTIES OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, CORPORATE PARTNERS, PARTICIPANTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “WCG PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED BY ANY WCG PARTY.
YOU ACKNOWLEDGE THAT ALTHOUGH THE WEBSITE, ANY WEBSITE CONTENT CONTAINED THEREIN (E.G., SAMPLE CLIENT CASE SUMMARIES), AND OTHER COLLATERAL MATERIALS PROVIDED BY WCG IN CONNECTION WITH ITS PRODUCTS AND SERVICES CAN BE USED AS AIDS TO MAKE INFORMED DECISIONS. YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE, THE WEBSITE CONTENT CONTAINED THEREIN, AND ALL OTHER SUCH MATERIALS ARE SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE AND ARE NOT MEANT TO BE SUBSTITUTES FOR LEGAL OR BUSINESS ADVICE OR EXERCISE OF YOUR OWN JUDGMENT. ANY SUCH DECISIONS OR JUDGMENTS ARE MADE AT YOUR SOLE DISCRETION AND ELECTION.
UNDER NO CIRCUMSTANCES WILL ANY WCG PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY WCG PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND WCG AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR WCG WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR WCG ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND WCG FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, WCG, AND ALL PARTIES TO ANY SUCH PROCEEDING.
10. Website Access Requirements; Updates and Maintenance
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility, including a compatible web browser and internet or wireless network connection. Your use of the Website may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and WCG accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges).
Your access to the Website may be interfered with by numerous factors outside of WCG’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. WCG is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Website.
WCG may in the future update the Website for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). WCG shall not be liable to you in any way as a result of any temporary or permanent suspension of the Website or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, WCG is under no obligation to undergo an Update of the Website to the extent any Website Content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Website until you have downloaded the latest version and accepted any new terms.
12. Governing Law and Jurisdiction; Disputes
14. Waiver and Severability of Terms; Entire Agreement
15. Open Source Software
The Website contains certain open source software. Each item of open source software is subject to its own applicable license terms.
If you choose to correspond with us or our employees in any manner with respect to the Website, including any Website Content, or any ideas for products, services, features, modifications, enhancements, content, refinements, promotions, or strategies, or product/feature names (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) WCG has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and WCG is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant WCG a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.