Last Modified: January 1, 2024
THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE WATERSEDGE IN A CLASS ACTION LAWSUIT.
All Content is provided for general, informational purposes only. We do not guarantee the availability or accuracy of any Content, such as rates or fees, as there may be lag between when we make changes to such Content and when the Site is updated. Each person’s financial situation is unique and therefore not all Content will apply to you. THE CONTENT ON THE SITE SHOULD NOT BE CONSTRUED AS LEGAL OR FINANCIAL ADVICE TO YOU.
3. Site Information. We provide the information on the Site for general, informational purposes. While we use good faith efforts to keep the information on the Site accurate, we do not guarantee it is accurate, up-to-date, or applicable to you.
4. Account. To use certain features or services of our Site, you will be required to complete a new user registration form to create an account (“Account”). You will also be required to create a username and password or may be provided with a username and password. You are responsible for maintaining the confidentiality of your username and password. Do not share your username and password with any other person. If you believe that your Account password may have been lost or stolen, notify WatersEdge immediately at 800-949-9988. You warrant that any information you provide to us pertaining to your account or Our services, including financial and personal information, is true, accurate and complete.
5. Account Errors. If you learn that someone has transferred or may transfer money between your Accounts without your permission, or in case of errors or questions about your electronic transfers, notify WatersEdge immediately at 800-949-9988. We must hear from you no later than sixty (60) days after you learn of the error. You will need to tell us:
- Your name and Account number;
- Why you believe there is an error and the dollar amount involved; and
- Approximately when the error took place.
If you provide this information over the phone, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days and correct any error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint, but you will have the use of the funds in question after the ten (10) business days. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account during the investigation.
We will notify you with the results within three (3) business days of completing our investigation. If we decide there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation. If you need more information about our error resolution procedures, call us at the telephone number shown above.
6. Notices. By enrolling in any services offered through this Site, you agree to receive electronic Statements. ELECTRONIC STATEMENTS WILL BE POSTED IN YOUR ACCOUNT. Any emailed RENEWAL NOTICES OR ACCOUNT DOCUMENTS will be sent to the email address you provide in your Account profile, which YOU MAY UPDATE from time to time in your Account profile.
We reserve the right to change the terms and conditions upon which services are offered through this Site. We will send notice to you at least thirty (30) days before the effective date of any change or as required by law. Use of this service is subject to existing regulations governing WatersEdge and your Account and any future changes to those regulations. All transactions generated by you through our services and any applicable fees will appear on your Account statement.
7. Offers. We may offer certain services through the Site. All offers set forth on this Site are void where prohibited and are subject to additional terms pertaining to the offers. The actual services may differ from those displayed or listed on the Site, are subject to availability, availability may be limited in certain areas, and we may change services in our sole direction.
8. Career Opportunities. You warrant that all information contained in any job application materials you provide is current, accurate, and complete. Do not provide any resume or other job application materials for any person other than yourself. Your submission of job application materials does not in any way require Us to review that application or consider you for employment. Career opportunities on the Site are subject to change at any time, at our sole discretion and without notice.
11. Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to WatersEdge or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
12. Copyright Policy. We respect the intellectual property rights of others, and we ask that you do the same. We strive to expeditiously remove any infringing material from the Site if we become aware of it.
13. Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
14. Feedback and Other Content Submitted by You. If you submit comments or feedback to us regarding the Site, its Content or our services, or any other comments, questions, requests, content, or information that is not personal information (“Feedback“), we may use any Feedback that you send us in our discretion and without attribution or compensation to you.
15. Children’s Information. The Site is not directed at children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you must immediately stop using the Site.
16. Restrictions on Your Use of the Site.
- You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without WatersEdge’s prior written consent.
- You may not use the Site for unlawful purposes.
- You may not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
- You may not engage in data mining or similar data gathering or extraction activities from the Site. You may not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
- You may not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You may not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
- You may not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
- You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights, (iv) engages in the advertisement of or encourages illegal or controlled products or services, or (v) misleads a user into making a purchasing decision.
- You may not engage in any conduct while using the Site that WatersEdge considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
17. NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED ”AS IS,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATERSEDGE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. WATERSEDGE MAKES COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ACCURATE AND RELIABLE CONTENT ON THE SITE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. WATERSEDGE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. WATERSEDGE DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE WILL NOT BE LIABLE FOR YOUR ACCOUNT ACTIVITY, SUCH AS IF YOU DO NOT HAVE ENOUGH MONEY IN YOUR ACCOUNT FOR A TRANSFER. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WATERSEDGE OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR PROFESSIONAL ADVISORS (COLLECTIVELY, THE ”WATERSEDGE PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A WATERSEDGE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE WATERSEDGE PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WATERSEDGE PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE, AND (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
21. Linking to the Site. You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of WatersEdge. If we grant you a right to link to this Site, you may not link to this Site in any way that is unfair, illegal, or damages or takes advantage of our reputation, and you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent. We reserve the right to revoke such consent at any time. You are responsible for any costs incurred by WatersEdge in enforcing our rights under this Section.
22. Use in the United States. The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS WATERSEDGE OR THE WATERSEDGE PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
- Discontinuing the Site or Content. WatersEdge may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.
- No Liability for Suspension or Termination. WatersEdge will not be liable to you or anyone else for any damages arising from or related to WatersEdge’s suspension or termination of your access to the Site or the Content, or in the event WatersEdge modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
Without limiting the generality of the previous provisions, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (i) hardware, software, server, network, or telecommunications failures, (ii) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (iii) regulatory restrictions and other acts of government, (iv) interruptions due to utility and power companies, and (v) interruptions due to hacking or other malicious intrusion.
24. Cooperation with Law Enforcement. WatersEdge may cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE WATERSEDGE PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
- WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST WATERSEDGE IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to WatersEdge’s right to appeal.
- Rules. You and WatersEdge agree that arbitration will be conducted by the American Arbitration Association (”AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (”Rules”). The Rules can be found at: https://www.adr.org/Rules. You and WatersEdge agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
- Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
- Location. You agree that arbitration shall take place exclusively in Oklahoma County, Oklahoma. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
- Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
- Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
- Exceptions. Notwithstanding anything to the contrary in this Section, you and WatersEdge each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
32. Contact Us. Please direct any questions and concerns regarding these Terms to us at:
3800 North May Avenue
Oklahoma City, OK 73112