Thank you for visiting www.watters.com. We have prepared these Terms and Conditions (the or these “Terms”) to ensure that you understand your rights and obligations and your experience on our website is one you'll want to repeat again and again. These Terms concern the online or digital websites and properties published by Watters Designs, Inc., WToo Partners L.P., and/or their affiliates (collectively referred to herein as “Watters” or “We”) that link to these Terms, including www.watters.com, www.wtoo.com, www.willowby.com, and www.bywatters.com, (each with its respective pages and features a “Website” and collectively the “Websites”) and constitute a legally binding contract between you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) and Watters (with you and Watters sometimes referred to herein each as a “Party” and together as the “Parties”).
Please read these Terms carefully before accessing or using the Websites or any related services. These Terms constitute a legally binding contract between you and Watters that applies to each and every Website, even if you only visit, access, register with or use only one. This includes the “Dispute Resolution” clause below, which provides for binding arbitration and waivers of jury trials and class actions.
YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THESE TERMS WHENEVER YOU CREATE, REGISTER WITH OR LOG INTO AN ACCOUNT ON OR THROUGH A WEBSITE. SIMILARLY, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THESE TERMS WHENEVER YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE A WEBSITE; AND YOUR CONTINUING VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF ANY OF THE FORGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.
If you do not agree to these Terms, please do not use the Websites. Since Watters may revise these Terms at any time, including as new features are added to the Websites or as Internet law and standards evolve, you should visit this page periodically to review the Terms that govern your use of the Websites. Should you have any questions concerning these Terms or any of our policies, please contact us at firstname.lastname@example.org.
The Websites are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted these Terms. By visiting, accessing, registering with, subscribing to or using the Websites, you represent and warrant to Watters that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with, subscribing to and using the Websites, and for purchasing and using any products or services on or through the Websites, and that you may only use the Websites for lawful purposes.
The Websites are owned and operated by Watters whose mailing address is 4801 Spring Valley Rd., Suite 105, Dallas, Texas, 75244.
Unless otherwise noted, all content posted on the Websites is:
COPYRIGHT © WATTERS DESIGNS, INC. AND WTOO PARTNERS L.P.
If you believe that your work has been posted on the Websites in a way that constitutes copyright infringement, please follow the DMCA notice and take-down procedure described below.
All design and content featured on the Websites, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Watters.
The Websites in their entirety are protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by Watters.
The contents of the Websites and the Websites as a whole are intended solely for your personal, non-commercial use. Any use of the Websites and/or any of the content posted on the Websites for any purpose other than personal and non-commercial is prohibited without the express prior written permission of Watters. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Websites for any commercial purpose. Subject to these Terms, Watters grants a limited, non-exclusive, restricted, non-transferable, non-sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Websites for your personal, non-commercial use only. You may not modify any copies of any materials from the Websites. All other rights are reserved to Watters. Your unauthorized use of the Websites or any breach by you of these terms automatically terminates this license.
To secure the right to access and use certain pages and features of the Websites, you may need to register with and create a personal user account with Watters (a “User Account”). As part of the registration process, you may be required to satisfy certain conditions precedent imposed by Watters (including, for example, providing additional information, and entering into additional agreements). Unless otherwise permitted by Watters in writing, you may only have one (1) non-transferable User Account.
You agree that you will not access or use the Websites in any manner that could damage, disable, impair or cause undue burden on the Websites and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Websites, that you will not transmit any virus or worm to the Websites, that you will not use any spider, robot or any other automated mechanism to access the Websites and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Websites. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Websites without authorization.
Watters reserves the right to withdraw or amend the Websites, and any service or material Watters provides on the Websites, in Watters’ sole discretion without notice. Watters shall not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, Watters may restrict access to some parts of the Websites, or the entirety of the Websites, to users, including registered users.
You are responsible for (i) making all arrangements necessary for you to have access to the Websites and (ii) ensuring that all persons who access the Websites through your internet connection are aware of these Terms and comply with them.
To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete.
If you choose, or are provided with, a User Account or any other piece of information as part of Watters’ security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Websites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity that occurs under your User Account. Watters has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Watters has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Websites at any time, and without notice or recourse, as Watters deems advisable in its sole discretion. Watters shall not be liable to you or any third-party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content)
WATTERS MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITES, ALL OF WHICH ARE BEING OFFERED “AS IS.” WATTERS MAKES NO WARRANTY OF NON-INFRINGEMENT. WATTERS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITES.
All descriptions, images, references, features, content, specifications, products and prices of any products or services offered on, through or in relation to the Websites are subject to change at any time and without notice to you. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on, through or in relation to the Websites does not imply or warrant that they are or will be available. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any product or service ordered or purchased on, through or in relation to the Websites. We reserve the right, with or without prior notice to you, to do any one or more of the following: (i) limit the available quantity of or discontinue any such product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar you from making or completing any transactions on, through or in relation to the Websites; and (iv) refuse to provide you with any such product or service.
You hereby expressly consent to Watters and its affiliates sending you any type of electronic message (including, without limitation, advertising, telemarketing, or other commercial e-mails and text messages, informational e-mails or text messages, and electronic notices, updates, and newsletters), whether through the Websites, or by personal communication, e-mail, text message, automatic telephone dialing system, or artificial or prerecorded voice, online social media or any other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules or regulations. Voice, message, and data fees, rates, charges and/or taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any other products or services We offer.
You may opt-out of receiving any electronic messages from Watters any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to email@example.com, with a subject line of “Opt-Out of Electronic Communications.” You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Websites, our products or services, and/or your ability to receive certain messages and/or notifications from Watters or its affiliates
We endeavor to present the most recent, most accurate, and most reliable information on the Websites at all times. However, there may be occasions when some of the information featured on the Websites may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Watters product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Watters shall have the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Watters shall issue a credit to your credit card account in the amount of the incorrect price.
At Watters, we go out of our way to create the kind of distinctive merchandise for which the Watters brand is recognized. Please understand that many of the items featured on the Websites are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Websites again. When an item featured on the Websites is no longer available, we make every attempt to remove that item from the Websites in a timely manner.
We might offer, sell, license or otherwise make available various products or services on, through or in relation to the Websites, some of which might only be made available to you upon completion and submission of an online form or other instructions provided to you. We have the right to refuse to sell or otherwise make available products and services to you if We suspect that you are in any way involved in fraudulent or illegal activity, (including, without limitation, the use of stolen credit cards); and may contact your payment method issuer, law enforcement or others and share information relating to your payments if We believe doing so will prevent a violation of the law or financial loss.
If you provide your payment information in connection with a purchase, then you authorize Watters to do the following as We deem necessary, although We have no obligation to do so: (a) share your payment information with our third-party payment processing vendor(s); (b) obtain your updated payment information from your payment issuer, our third-party payment processing vendor(s) and/or applicable third-party providers; and (c) use your payment information to charge payments that accrue under your account(s) with Watters in accordance with these Terms.
You agree that you are responsible for the payment of all amounts that accrue under your account(s) with Watters, our third-party payment processing vendor(s), and/or any other third-party providers on, through or in relation to the Websites. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on, through or in relation to the Websites, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.
To the fullest extent permitted by law, you agree to waive all claims against Watters and its affiliates related to any unauthorized payments made on, through or in relation to your account(s) with Watters, its third-party payment processing vendor(s), any other third-party providers and/or any other person or entity, regardless of whether they are authorized or unauthorized.
You represent and warrant that any payment information you provide on or through the Websites is current, complete and accurate; and that you will promptly notify Watters and/or update your User Account if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This limits on purchases policy apply to all purchases of Watters merchandise, including, without limitation, all purchases made at our authorized retailers and through the Websites.
Although Watters has made every effort to display our products and their colors, textures, and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and Watters cannot guarantee that the user’s monitor will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Watters is not responsible for typographical errors regarding price, availability or any other matter. Likewise, Watters does not warrant the accuracy of customer product ratings, comments or feedback.
You shall indemnify, defend, and hold harmless Watters, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against any and all liabilities, claims, demands, claims, disputes, losses, expenses, damages and costs of any kind, including, without limitation, reasonable attorneys' fees and costs, made by any third party and resulting from or in any way connected with your use of the Websites and/or any breach of your representations and warranties, including relating to any User Materials (as hereinafter defined), and/or any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Websites using your Internet account.
Although we will make every effort to respond quickly to applicable e-mail messages, Watters is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding the Websites, our merchandise and our services, please do not send any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Watters shall become and remain the property of Watters, except as set forth below. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual property rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Notwithstanding any other provision contained in these Terms, in the event that the performance of any obligation of Watters is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Watters (a “force majuere condition”), then Watters shall not be responsible to you for any failure or delay in the performance of its obligations. The terms of this section shall not exempt, but merely suspend, Watters from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
You may not assign your rights or obligations under these Terms without the prior express written consent of Watters.
You may be able to upload, submit, and/or publish content on, to, or relating to the Websites. All names, photographs, video clips, public messages, ideas, reviews, comments, information, communications and any other content that you submit to or publish on, through or in relation to the Websites, including those which you submit to or publish on any online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Websites or your User Account, if any and as applicable, is hereinafter defined as “User Materials.” You hereby grant Watters an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, translate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as Watters sees fit in its sole discretion.
You acknowledge and agree that We and our designees may or may not, at our discretion, pre-screen User Materials before appearance on the Websites, but that We have no obligation to do so. You further acknowledge and agree that We reserve the right (but We do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Material that is contributed to the Websites. Without limiting the foregoing, We and our designees shall have the right to remove any User Material that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge and agree that We do not verify, adopt, ratify, or sanction User Material, and you agree that you must evaluate and bear all risks associated with your use of User Material or your reliance on the accuracy, completeness, or usefulness of User Material. You understand that by using the Websites, you may be exposed to User Material that you may consider offensive or objectionable. You also acknowledge that We are a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. We expressly reserve our rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Websites.
You represent and warrant that you own or are otherwise authorized to submit your User Materials, including that (i) you own all rights in and to your User Materials; (ii) you have permission from all person(s) appearing in your User Materials to license the User Materials to Watters and/or its affiliates and vendors; (iii) you are not a minor; (iv) the use of your User Materials, including the names and/or likenesses of any individuals who may appear therein, will not violate the rights of any third party or any law, and that use of the User Materials will not violate any copyrights, trademarks, or other intellectual property rights held by third parties; and (v) if applicable, you have acquired and/or own the rights to license any photographs taken by a third-party photographer. By posting and uploading User Materials to social media websites (e.g., Facebook, Instagram, Pinterest, Twitter) that you have tagged with #WATTERS or #WTOO or #WILLOWBY or #BYWATTERS or #beawattersgirl or other Watters brand hashtags, you grant to Watters and its third-party service providers who provide content management services the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Materials in any manner to be determined in Watters' sole discretion, including, without limitation, on its webpages, social media pages operated by Watters, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known.
Watters may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Materials in any manner in its sole discretion, with no obligation to you whatsoever.
Watters has the right to (i) remove or refuse to post any User Submissions for any or no reason in our sole discretion, (ii) take any action with respect to any User Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User Materials violates the Terms, including if it infringes any intellectual property right or other right of any individual or entity, threatens the personal safety of users of the Websites or the public or could create liability for Watters, (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, (iv) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites (v) terminate or suspend your access to all or part of the Websites for any or no reason, including, without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS WATTERS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WATTERS AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WATTERS OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
User Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Materials must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.- Be likely to deceive any person.- Promote any illegal activity, or advocate, promote or assist any unlawful act.- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.- Impersonate any person, or misrepresent your identity or affiliation with any person or organization. - Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Websites in a way that constitutes copyright infringement, please provide the following information to firstname.lastname@example.org:(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Websites; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Linked Technologies. The Websites and/or any communications sent on, through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers, applications and/or communications may contain links to the Websites(collectively, “Linked Technologies”). The Linked Technologies are not under the control of Watters or its affiliates. The Websites and any such communications contain the outgoing links as a convenience to you, if for any purpose. YOU SHOULD REVIEW ANY APPLICABLE PRIVACY POLICIES AND TERMS OF SERVICE PUBLISHED THROUGH THE LINKED TECHNOLOGIES.
Watters assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. Watters is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of Watters.com or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials. Under no circumstances shall Watters be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of Watters.com, attendance at a Watters event or partner event, from any content posted on or through Watters.com, or from the conduct of any users of the Websites, whether online or offline. Watters.com is provided “AS-IS” and as available and Watters expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Watters cannot guarantee and does not promise any specific results from use of the Websites.
Given the unpredictability of technology and the online environment, Watters does not warrant that the function or operation of the Websites will be uninterrupted or error-free, that defects will be corrected, or that the Websites or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of the Websites, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of the Websites. As a visitor to and a user of the Websites, you agree that your access will be subject to the Terms and that access is undertaken at your own risk. Watters shall not be liable for damages of any kind related to your use of or inability to access the Websites. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK.
WATTERS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITES. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WATTERS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WATTERS FOR PRODUCTS OR SERVICES.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If there is any dispute about or involving the Websites, you agree that the dispute shall be governed by the laws of the United States, including U.S. copyright and trademark laws, and the laws of the State of Texas, without regard to conflict of law or choice of law provisions. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions, or policies referenced in this Agreement, your visit, access, registration with or use of the Websites, any transactions made on or through the Websites, and/or the Parties’ relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential. Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.
The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence.
The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Dallas, Dallas County, Texas, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under these Terms or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by these terms. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.
JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under these Terms or applicable law.
In the event a particular Dispute is not subject to arbitration, each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of Texas in Dallas County, Texas, United States of America and the United States federal courts in the Northern District of Texas, Dallas Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
Regardless of whether a particular dispute is subject to arbitration or litigation, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding or to name unnamed members in any purported class action or other proceedings.
The foregoing shall not prevent Waters from seeking injunctive relief in a court of competent jurisdiction.
These Terms constitutes the entire agreement between you and Watters regarding the use of the Websites.
Any failure of Watters to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms shall operate to the fullest extent permissible by law.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Websites or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of these Terms to us by e-mailing us at email@example.com.
EFFECTIVE DATE: OCTOBER, 2018.