TERMS OF USE AND TERMS OF SALE

WATURA NORTH AMERICA INC.

EFFECTIVE: March 1st, 2025

Welcome to Watura North America Inc. and our Terms of Use and Sale (collectively, the “Terms and/or “Agreement”). This Agreement is legally binding between you (“you” or “your”) and Watura North America Inc. (“Watura”, “Company”, “we”, “us”, “our”). Watura makes its services, related online learning platform (“Learning Platform”), portal and web-based services, website (https://watura.us/) (the “Site”) and all content contained in them, in all versions, updates, corrections, enhancements and modifications thereof (collectively, the “Services”), available to you for use subject to these Terms. 

In addition, when using particular Services directly or through distributors and affiliates, you may be subject to any guidelines or rules applicable to such Services which may be posted on the Site or directly provided to you from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. Watura also may offer other services from time to time that are governed by different terms.

Because such terms affect your legal rights, please read them carefully. By accessing or using the Services, you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. If you do not agree to abide by any of the terms herein, in any manner, do not use the Services, including but not limited to, uploading, or downloading information or material onto the Learning Platform and/or subscribing to the Service.

If you reside outside the United States, additional terms and conditions may be applicable to you that either supplement or replace certain provisions in this Agreement. Please visit the terms corresponding to the country where you reside. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, and other notices on the Site, this Agreement and our Privacy Policy are the complete agreement between you and Watura with respect to your use of the Site. The terms herein shall prevail over all other documents, including prospectuses and catalogues, as to terms and conditions of the Site and the Services. All exceptions to these terms shall require Watura’s express written agreement. 

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms” link on the Site. We will also notify you of any material changes either through e-mail or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement, so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR, WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Privacy Policy.

Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.

2. Eligibility.

2.1 You represent and warrant that you are at least 18 years of age. If you are under 18, you may not use the Service unless (i) you have obtained express written consent from your parents or legal guardian to use the Service and (ii) your parents or legal guardian have agreed to be bound by these Terms. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.

2.2 We continually test new features, functionalities, services, user interfaces that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.

2.3 You are solely responsible for ensuring that your use of the Services complies with all laws, rules, and regulations applicable to you. If the applicable law in the state in which you reside requires that you must be older than 18 to use the Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Learning Platform is revoked where this Agreement or use of the Service is prohibited or to the extent offering provision of the Services conflicts with any applicable law, rule or regulation.

3. Services.

3.1 Watura’s Services currently provide users with access to a rich collection of online resources, including various training and educational tools, a knowledgebase of information, and personalized content for water and wastewater operators. Unless explicitly stated otherwise,  any new features that augment or enhance the current Services, shall be subject to the Terms. 

3.2 Subject to all the terms and conditions of this Agreement, Watura hereby grants to you, on a non-exclusive, non-sublicensable, non-transferable, revocable, and limited basis, a license to access and use the Services. Accessing and using the Services may include downloading software to use in connection with the Services, downloading files from the Service. All rights not expressly granted are reserved by Watura and, if applicable, its third-party providers. 

4. Account Registration.

4.1 Any use of the Site or Services will require the creation of an account with Watura (an "Account"). You may also provide your email for the purpose of receiving our newsletter.  You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy, by contacting info@watura.us.

4.2 By providing your email address to Watura, you initially consent to receiving email communications regarding the Services, including but not limited to (i) notices about your use of the Services; (ii) notices about updates to the Services; and (iii) promotional information and materials. You may opt out of receiving promotion emails from us by following the opt-out instructions provided in the message.

5. Use of the Service.

5.1 The Service contains material, including but not limited to software, text, graphics, and images (collectively referred to as the “Content”). We either own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Service is or will continue to be accurate. The Content is protected by the United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content. No other use is permitted without our prior written consent.  We retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content for educational purposes. You may download PDF files from each course for education purposes only. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate, and you shall immediately destroy any copies you have made of the Content.

5.2 The trademarks, service marks, and logos of Watura, whether (collectively, the “Watura Trademarks”) used and displayed in connection with Services are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on the Site or the Learning Platform or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Watura Trademarks, the “Trademarks”). Nothing on the Site or in this Agreement or any use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specifically for each such use. The Trademarks may not be used to disparage us or any applicable third party, or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks (this shall exclude any negative feedback on the Products). Use of any Watura Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Watura Trademark shall inure to our benefit.

5.3 You may not use the Service for any unlawful or prohibited purpose or in any manner that is inconsistent with the limited privilege granted herein.  In particular, you agree not to: (a) take any action that imposes an unreasonable load on the Learning Platform’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Learning Platform or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Learning Platform; (d) delete or alter any material we or any other person or entity posts on the Site and/or Learning Platform; (e) otherwise take any action in violation of our guidelines and policies; (f) using the Service to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Service; or (g) modify, erase, or damage any information contained on the computer of any user connected to the Service.
5.4 In using the Service, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse the Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Learning Platform or affiliated or linked sites; (b) disrupt or interfere with any other user's enjoyment of the Learning Platform or affiliated or linked sites; (c) upload, post, or otherwise transmit through or on the Learning Platform any viruses or other harmful, disruptive or destructive files; (d) transmit through or on the Learning Platform spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (e) attempt to obtain unauthorized access to the Learning Platform or portions of the Learning Platform which are restricted from general access.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Learning Platform.

6. Third Party Sites.

The Site and Services may contain links to third party websites, services, or other resources on the Internet (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.

7. User Content.

7.1 With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know is false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

7.2 By uploading any User Content you hereby grant and will grant Watura and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Learning Platform or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For clarity, the foregoing license does not affect your ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

7.3 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.

7.4 You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Watura, our users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

8. IP Infringement.

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• 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 the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent
Celia Bellange
Watura North America Inc.
Prismspaces, 1212 N Ashland Avenue, Chicago, IL 60622, United States
Email: celia.bellange@watura.us
Phone: +1 (224) 490 2584

9. Term/Termination.

Watura may terminate, change, suspend or discontinue any aspect of the Service, including the availability of any features, at any time and for any or no reason, with or without prior notice to you. You agree that Watura will not be liable to you or any third party for any such termination, change, suspension or discontinuation. Watura may remove, modify, or otherwise change any Content, including that of third parties, on or from the Learning Platform. Watura may impose limits on certain features and services or restrict your access to parts or all of the Site and Services with reasonable notice. Watura reserves the right to terminate your authorization to use  the Service to delete one or more of your related accounts immediately at any time if you breach or threaten to breach any of the terms herein.  Watura may further terminate the authorization and rights provided herein and your use of the Service at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from the Leaning Platform.

Further, you agree that Watura shall not be liable to you or any third party for any termination of your access to the Service. If you want to terminate the Services, you may do so by (a) notifying us at any time and (b) closing your account for all of the Services you are using. Notice should be sent, in writing, to our email: info@watura.us. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL THE SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH HEREIN.

10.  Securities Disclaimer.

Watura Services may contain "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events.  If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from Watura expectations and projections in these statements.

These risks and uncertainties include general industry conditions and competition: economic conditions such as interest rate and currency exchange rate fluctuations, technological advances and patents attained by competitors, challenges inherent in new product development including obtaining regulatory approvals, domestic and foreign health care reforms and governmental laws and regulations and trends toward health care cost containment. Watura has no obligation but reserves the right to update any forward-looking statements as a result of new information or future events or developments.

11. Free Trials; Renewals.

Your subscription to the Service may start with a free trial which gives you access to a part of the Services. Watura determines free trial eligibility at our sole discretion and may limit access, eligibility, or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren’t eligible.

12. Payment and Billing. 

12.1 Before subscribing to the Service, you shall create an Account online and/or consent to Watura creating an account for you, and if you are a professional on behalf of your customer, and you agree to be bound by the terms and conditions governing such account as set forth in this Agreement and our Privacy Policy.  

12.2 The subscription fee for the Service will be listed at the time of your purchase. We may also be required to add taxes to your subscription fee. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law.  

12.3 By subscribing and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-appliable fee via the payment method we can have on record for you. You agree to provide accurate and up-to-date payment information at the time you subscribe to the Service. We have contracted with a third-party payment processor to facilitate subscriptions made. When you subscribe to the Service, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processors (Stripe) or if you are a corporate entity, you may pay via ACH or wire transfer, whose Watura will provide you its bank information. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason.  If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription to the Service. 

12.4 For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.  Please refer to our Privacy Policy for more guidance as to the collection and storage of your data.

12.5 You agree to have sufficient funds or credit available upon subscribing to ensure that the purchase price will be collectible by us. We will send you a confirmation email upon payment receipt (the “Subscription Confirmation”). We strive to provide accurate pricing information regarding the Services available either on the Site and/or any of our brochure. We cannot, however, ensure against pricing errors. In the event of an obvious and unmistakable error in pricing, we reserve the right, at our sole discretion, to not process or to cancel any subscription placed for the Service whose price was incorrectly posted on the Site and/or on a Watura brochure. An obvious and unmistakable error is one where the price is materially lower than the correct price such that a reasonable person would recognize it as an error. If this occurs, we will notify you by email. 

13. Availability of Service and Errors.

You must provide the equipment and internet connections necessary to access the Services at your own expense. We do not guarantee that the Services will operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any computer or other piece of hardware, software, equipment, or device you install on or used with your computer. There may be times when the Services are unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Services will always be available or is completely free of human or technological errors.
The Services may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Services or any information supplied to you via the Services, or that files available through Services are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.

We make no guarantees as to the availability of any specific content in the Learning Platform or as to any minimum amount of content in any subscription plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any subscription plan, or to otherwise modify or terminate a subscription at our sole discretion. We have no responsibility to preserve or store the User Content inputted by you in connection with your use of any subscription plan. These disclaimers are in addition to those listed in section 14 below.

14.  Limitation of Liability and Warranty Disclaimer.

14.1 THE SITE AND ITS CONTENT ARE PROVIDED AS A CONVENIENCE TO YOU AND ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, WATURA, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “WATURA PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE AND THE SERVICE’S ACCURACY, SECURITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE WATURA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

THE WATURA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT OF THE SITE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, EXCEPT FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, SHALL THE WATURA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY CONTENT CONTAINED ON THE SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, INTERRUPTION OF SERVICE, LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF WATURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF WATURA WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

14.2 YOU ACKNOWLEDGE THAT WATURA DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY WEBSITES INCLUDING THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, WATURA AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY LESSON, MATERIAL, ADVICE, OPINION, SUMMARY, STATEMENT OR OTHER CONTENT OR OF ANY APPLICATIONS, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH ANY THIRD-PARTY OR THE SITE.

14.3 THE WATURA PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO WATURA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

14.4 IN NO EVENT SHALL ANY WATURA PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH WATURA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF $500.00 OR THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM.

14.5 MEDICAL ADVICE DISCLAIMER. ANY INFORMATION PROVIDED ON THE WEBSITE AND SERVICES, INCLUDING HEALTH RISKS ISSUES DESCRIPTIONS AND INSTRUCTIONS, IS FOR INFORMATIONAL PURPOSES ONLY. USE OF THE WEBSITE AND SERVICES OR ANY INFORMATION PROVIDED TO YOU IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR MEDICAL ADVICE. WATURA MAKES NO REPRESENTATIONS, WARRANTIES OR HEALTH RELATED CLAIMS ON THE WEBSITE OR SERVICES. 

14.6    YOU UNDERSTAND THAT THE SERVICES AND SITE DO NOT GUARANTEE PASSING OF ANY EXAM, OR ANY INCREASE IN SCORE OR ADMISSION TO ANY SCHOOL. YOU AGREE THAT WATURA SHALL ASSUME NO RESPONSIBILITY WHATSOVER IF YOUR CONTUINUING EDUCATION UNITS OR ANY CREDITS ARE DENIED, OR DEEMED INSUFFICIENT, INCOMPLETE, OR IRRELEVANT BY ANY THIRD-PARTY OR GOVERNMENTAL AUTHORITY. If you do not pass the exam on your first attempt, you may retake the course for the same state with no additional fees within 12 months of your exam results date. Watura does not include any upgrades, including but not limited to, supplemental workshops or a new set of e-books.

14.7 The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Except as otherwise provided under applicable laws and regulations regarding the security of personal data, Watura disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained.
No advice or information, whether oral or written, obtained by you from Watura or third-parties by using the service shall create any warranty. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE WATURA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.

15. Indemnification.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Watura Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any User Content or Submissions you provide, or your access to, use or misuse of the Site or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to info@watura.us. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

16. ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

16.1 Scope of the Arbitration Agreement. If Watura cannot resolve any dispute with you regarding the Site, any transaction conducted on the Site or these terms, both you and Watura agree, except where prohibited by applicable law, that any such dispute will be resolved through binding individual arbitration. Both you and Watura understand and agree to waive the right to sue or go to court to assert or defend our respective rights. However, either you or Watura may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Watura, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

16.2 Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and Watura agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party. 

16.3 How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Arbitration Provisions. To file an arbitration demand and review the AAA Rules, you can go to the AAA’s website www.adr.org, or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, you and Watura will mutually agree to, or the court shall select, another arbitration provider.  The arbitration will be conducted by telephone, videoconference, or, if both parties mutually agree, in-person in the county of your residence (as determined by your billing address on file in your Watura account). If you live outside the United States, any arbitration will take place in Illinois, unless prohibited by applicable law in your jurisdiction. Unless the arbitrator finds some or all of your claims to be frivolous, without merit or otherwise non-reimbursable, Watura will pay all filing, administrative, arbitrator and hearing costs up to the amount of $10,000. In determining whether an action is frivolous, the arbitrator may consider whether Watura offered you a full refund of the sum you paid for any items you purchased or otherwise offered full relief to you in relation to your individual claim.

16.4 Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Watura also agree to waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

17. User Must Comply with Applicable Laws.

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.

18. Transfer and Processing of Personal Data.

In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.  Please consult our Privacy Policy for more information regarding your personal data.

19. Miscellaneous.

19.1 This Agreement is governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws provisions. Any dispute between you and Watura that is not subject to arbitration or cannot be heard in small claims courts will be resolved in state and federal courts sitting in the City of Dallas in the State of Texas. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure or delay in performing our obligations hereunder where such failure or delay results from any cause beyond our reasonable control, including, without limitation, acts of God, war, terrorism, pandemic, epidemic, mechanical, electronic or communications failure or degradation, provided that we (i) give you prompt notice of such cause, and (ii) use reasonable commercial efforts to promptly correct such failure or delay in performance. Any information you submit to or provide through the Site might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use. The Site and the Services, including any intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses. Any term herein may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby. Ambiguities, if any, shall not be construed against any party, irrespective of which party may be deemed to have authored the ambiguous provision.

19.2 Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. No proposal, purchase order, order confirmation, acceptance, or any other document provided by either party to the other, nor any electronic click-wrap, terms of use or similar online consent or acceptance language accompanying shall be deemed to amend the terms hereof and any such contradictory or additional terms shall be ineffective. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@watura.us.