Terms and Conditions

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Terms of Use

Effective: December 1, 2018

This page states the Terms and Conditions (the “Terms” or the “Agreement”) under which any User (“User”) may use The Water Well Drillers World website located at https://waterwelldrillersworld.com (the “Website” or “WWDW”). Certain separate Terms apply to paid Advertisers of WWDW (“Advertisers”) as specifically described below, though other than as described, all Terms applicable to Users are applicable to Advertisers as well. Please read this page carefully. By accessing and using the Website, User accepts and agrees to be bound, without modification, limitation or qualification, by these Terms. If User does not accept any of the Terms stated here, User must not use the Website. The right to access and use the Website is not transferable to any person or entity. Water Well Drillers World (“WWDW”) may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms of Use page https:// waterwelldrillersworld.com/terms-of-use) periodically to review the current Terms.

YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.

GENERAL TERMS

Section 1. Changes
WWDW reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website and any and all features and sections contained therein, with notice to Users provided via posting to the Website or email, and immediately in the event of technical difficulties. WWDW shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.

Section 2. IP Rights and Ownership
The contents of the Website, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Website (“Material”) are protected by copyright under both United States and foreign laws, and are owned or controlled by WWDW or by third parties that have licensed their Material to WWDW. Unauthorized use of the Material may violate copyright, trademark, and other laws. User must retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User may download WWDW’s copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of WWDW and the copyright owner. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material.

The trademarks, logos and service marks (the “Marks”) displayed on the Website are owned by WWDW or third parties. Non-Advertiser Users are prohibited from using those Marks without the express, written permission of WWDW or such third party

Section 3. Links
WWDW, or any WWDW Advertiser, may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by WWDW of the contents on such third-party Websites. WWDW is not responsible for the content of linked third-party sites. WWDW exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party websites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. WWDW shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.

Users acknowledge their use of these third party websites is at their sole risk.

Section 4. Representations and Warranties – Liability Disclaimers
User represents, warrants and covenants that (a) User will use the Website for lawful purposes only (b) no materials of any kind will be submitted by a Advertiser through Advertiser’s account which (i) violate or infringe in any way upon the rights of others, including but not limited to copyright, patent or trademark rights, and shall contain no material from other copyrighted or unpublished works that have been used without the written consent of the copyright owner and/or the owner of any other rights to in such other works (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane, as determined in the sole discretion of WWDW, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contain any advertising or solicitation with respect to products or services (without the express prior written approval of WWDW). In the event of a breach of this provision, User (including Advertiser if applicable) shall defend, indemnify and hold WWDW, its officers, directors, employees and agents harmless from any and all claims or causes of action,

including attorneys’ fees and court costs resulting from such breach.
User acknowledges that the Material on the Website may contain inaccuracies or typographical errors. WWDW makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from the utilization or reliance on the Website and the Material. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and User should consult an appropriate professional for specific advice tailored to User’s situation.

USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER WWDW, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT WWDW IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS (INCLUDING ADVERTISERS) OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

Section 5. Disclaimers of Certain Damages
IN NO EVENT SHALL WWDW BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WWDW HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WWDW BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEBSITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.

Section 6. Indemnity
User agrees to defend, indemnify, and hold harmless WWDW, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Website and any Material contained therein by User or through User’s account, or by User’s breach of the terms of this Agreement. WWDW shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding. WWDW reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.

Section 7. User Information
WWDW is committed to maintaining User privacy. For further details on WWDW’s policies for using User information please read our Privacy Policy available at https://waterwelldrillersworld.com/privacy-policy.
Advertiser hereby warrants and represents that it has the right to use and license the use of any materials submitted by Advertiser through the Website and Advertiser hereby grants to WWDW a royalty-free, non-exclusive, perpetual license to use and distribute any such materials submitted by Advertiser through the Website in any format at any time, including distribution on WWDW’s Website to be accessed by any interested party.

Section 8. General
All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of Texas applicable to contracts entered into and performed within the State of Texas, without respect to its conflict of laws principles. By using the Website, User agrees that the exclusive forum for any claims or causes of action arising out of User’s use of the Website shall be either any state court for or within Dallas County in the State of Texas and the United States District Court for the Northern District of Texas. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. 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. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and WWDW with respect to the use of Website. The section headings used herein are for convenience only and shall not be given any legal import.

SPECIFIC TERMS
This page states the Terms and Conditions (the “Specific Terms” or the “Agreement”) under which any User (“You”) may use the WWDW Website located at https://waterwelldrillersworld.com (the “Website”). Please read this page carefully. By accessing and using the Website, User accepts and agrees to be bound, without modification, limitation or qualification, by both the General Terms of Use of the WWDW Website, and these additional Specific Terms which are directed at WWDW Advertisers. If User does not accept any of the Terms stated here, he/she must not use the Website. The right to access and use the Website is not transferable to any person or entity. WWDW may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms of Use page (https://waterwelldrillersworld.com/terms-of-use)periodically to review the Terms. Each Advertiser is responsible for all use of his/her information and is responsible for maintaining the confidentiality of his/her password. These Specific Terms incorporate the General Terms of Use of the WWDW Website by reference. Each User hereby understands that he/she is bound by all General Terms of Use and Specific Terms which may be implemented, revised or modified by WWDW from time to time.

YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.

Section 1. Advertiser Submissions
All information, data, text, photographs, graphics, video, messages or any other materials whatsoever (collectively, “Advertiser Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Advertiser Content originated. This means that the Advertiser, and not WWDW, is entirely responsible for all Advertiser Content that he or she uploads, posts, emails or otherwise transmits via the Website. No Advertiser shall transmit Advertiser Content or otherwise conduct or participate in any activities on the Website which, in the sole discretion of WWDW, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities which (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless Advertiser is the owner of the rights or has the express written permission of the owner to post or transmit such material to the Website; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) impersonates another person or entity; (5) intentionally or unintentionally violates any applicable local, state, national or international law while using or accessing the Website or the Materials; or (6) contains a virus, trojan, back door, logic bomb or any other form of malicious code.

Advertiser warrants and represents that Advertiser has the right to use and license the use of any Advertiser Content and hereby waives all copyright, moral rights and any other right to any Advertiser Content which he/she submits, and grants to WWDW a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify adapt, publish, syndicate, translate perform, display and distribute such Advertiser Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereinafter developed for the full term of any copyright in such Advertiser Content, and to sublicense such rights through multiple tiers of sublicensees. WWDW does not control Advertiser Content. WWDW has the right but not the obligation to monitor submissions by Advertisers, and reserves the right to modify, move or remove any Advertiser Content at any time and for any reason in its sole discretion, as well as the right to terminate Advertiser access to the Website for any reason in its sole discretion including, without limitation, foul language, threats, discriminatory, racist or abusive language, or any behavior which is deemed objectionable by WWDW. Advertisers are responsible for their own communications and are solely responsible for the consequences of posting any Advertiser Content. WWDW does not screen communications in advance and is not responsible for screening or monitoring material posted by Advertisers. If notified by a User about communications that allegedly do not conform to any term of this Agreement, WWDW may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. WWDW has no liability or responsibility to Users for performance or non-performance of such activities. WWDW reserves the right, in its sole discretion, to restrict Advertisers access to the Website for violating this Agreement or the law. WWDW also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WWDW’s sole discretion.

WWDW DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY ADVERTISER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY ADVERTISERS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON ADVERTISERS CONTENT POSTED BY ADVERTISERS WILL BE AT HIS/HER SOLE RISK.

Section 2. Communication
WWDW reserves the right to send electronic mail for the purpose of informing Advertisers of changes or additions to the Website, this Agreement and any other service provided by WWDW.