Agreement between User and livewaterfoundation.org. 

Welcome to livewaterfoundation.org. The livewaterfoundation.org website (the “Site”) is comprised of various web pages operated by The Live Water Foundation (“Live Water”). livewaterfoundation.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of livewaterfoundation.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

livewaterfoundation.org is a Non-Profit Site.

The purpose of the Live Water Foundation website is to educate the public on the services we offer to Veteran’s, Youth, and the work the Live Water team does to enhance the water quality in our local waterways.

Privacy. Your use of livewaterfoundation.org is subject to Live Water’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications. Visiting livewaterfoundation.org or sending emails to Live Water constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen. Live Water does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use livewaterfoundation.org only with the permission of a parent or guardian.

Links to Third Party Sites/Third Party Services. livewaterfoundation.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Live Water and Live Water is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Live Water is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Live Water of the site or any association with its operators.

Certain services made available via livewaterfoundation.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the livewaterfoundation.org domain, you hereby acknowledge and consent that Live Water may share such information and data with any third party with whom Live Water has a contractual relationship to provide the requested product, service or functionality on behalf of livewater.org users and customers.

No Unlawful or Prohibited Use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use livewaterfoundation.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Live Water that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Live Water or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Live Water content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Live Water and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Live Water or our licensors except as expressly authorized by these Terms.

Third-Party Accounts. You will be able to connect your Live Water account to third party accounts. By connecting your Live Water account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users. The Service is controlled, operated and administered by Live Water from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Live Water Content accessed through livewaterfoundation.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification. You agree to indemnify, defend and hold harmless Live Water, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Live Water reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Live Water in asserting any available defenses.

Arbitration. In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Live Water agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE LIVE WATER FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE LIVE WATER FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE LIVE WATER FOUNDATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIVE WATER FOUNDATION AND/OR ITS SUPPLIERS 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 THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF

THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LIVE WATER FOUNDATION OR ANY OF ITS SUPPLIERS 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 YOU. IF YOU ARE DISSATISFIED

WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction. Live Water reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Live Water as a result of this agreement or use of the Site. Live Water’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Live Water’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Live Water with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Live Water with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Live Water with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms. Live Water reserves the right, in its sole discretion, to change the Terms under which livewaterfoundation.org is offered. The most current version of the Terms will supersede all previous versions. Live Water encourages you to periodically review the Terms to stay informed of our updates.

Contact Us. Live Water welcomes your questions or comments regarding the Terms:

The Live Water Foundation

PO Box 404

Annapolis, Maryland 21404

Email Address:

[email protected]

Effective as of January 01, 2020

1. Our Policy. This Privacy (“Policy”) covers the Live Water Foundation’s treatment of personal information or personally identifiable information ( both “Personal Information”) that may be collected or submitted when the web-user (“you”) are using the Live Water Foundation’s website or services. This Policy does not apply to companies that the Live Water Foundation does not own or control, or to individuals that are not under the Live Water Foundation’s supervisory control.

Please understand that whenever you voluntarily disclose Personal Information online this information cannot be made one-hundred percent secure and, in some cases, that information can be intercepted, collected and used by others. However, we work hard to protect your information at all times and protect your information in several ways. Your information is stored on a secure server that the Live Water Foundation and its authorized personnel can only access through a password. Additionally, we encrypt your information to prevent third parties without authorization from intercepting your information when it is in transit to us.

2. How We Collect Your Personal Information. While using the Live Water Foundation’s website, you may submit Personal Information when registering for services, ordering products, and posting content. Depending on the service or process, the Personal Information you may be asked to provide is your:

Name, Postal Address, Email address, Phone number, Credit or Debit Card Information, Age, Gender

or logged, when you visit the Live Water Foundation’s website. Your IP information allows us to understand how you use our site and to enable us to make changes to our site in order to improve your experience. Information regarding your computer, your connection to our website (such as your browser type, operating system, and platform) and your user history (including, but not limited to, your session information, page errors and the length of your visits to specific pages within our website) may also be collected. 3. Our Use of Cookies. The Live Water Foundation uses cookies to remember certain user information. Cookies are electronic identifiers that are transferred automatically to your computer through your browser that allow our computers to save certain information you provide us and store information about you so we can recognize you when you visit our website in the future. This allows you to avoid logging in more than once, which saves time and creates a customized website that fits your needs. You may, at any time, disable or refuse to accept cookies by changing the preferences or settings on your web browser. If you choose to disable cookies, you will still be able to use our website. However, you will not be able to fully take advantage of certain automation and other functionality features available.

4. How We Use Your Personal Information. The Live Water Foundation may use the personal information you provide for purposes such as: carrying out a registration made by you; customizing the advertising and content you see; fulfilling your requests for products and services (including

purchases); improving the content and overall look and feel of our website and services, contacting you, conducting research, providing anonymous reporting for internal and external clients, contacting users regarding changes to our website or business, and customizing the content that you see on the the Live Water Foundation’s website. The Live Water Foundation may also retain the details of purchases and other transactions or payments made with us or the partners affiliated with our website.

5. How Your Personal Information is Disclosed. It is the Live Water Foundation’s policy not to disclose, sell or rent your personal information to any individual, business, government entity or outside parties except (i) to provide products or services you’ve requested through us; (ii) in response to a validly-issued subpoena, court order, or other legal process; (iii) when necessary to establish or exercise our legal rights or defend against legal action; or (v) where you request [organization] to do so. From time to time, the Live Water Foundation may use return email addresses to answer the email we receive from you. Such addresses are not used for any other purpose. Your personal information will not be collected for use that is in violation of the law, or unrelated to the that discussed in this Policy, unless you are also provided an opportunity to opt-out or otherwise prohibit such unrelated uses.

6. Setting Up User Accounts. The Live Water Foundation allows users to set up personal accounts to shop in our online store or to participate in our online communities. You have the ability to edit information you provide at any time and may delete your account at your convenience by contacting the Live Water Foundation. Unless the Live Water Foundation is required to respond to court orders, subpoenas or comply with applicable law the Live Water Foundation will use its best efforts to ensure that unauthorized third parties do not access your user account information.

7. Correcting Your Personally Identifiable Information. You are responsible for ensuring that all personal information you provide on the website is maintained and kept current.

8. Web Statistics & Shared Data. We collect and use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for reporting and sponsorship purposes. From time to time, we may use this information to better design our website and share with select advertising partners, sponsors, and/or affiliates however IP addresses are not linked to personal information. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we will not disclose to these partners, sponsors and/or affiliates anything that could be used to personally identify those individuals.

9. Children’s Privacy. Protecting the privacy of children is especially important to us. For that reason, we do not collect information provided by users under the age of 13, nor do we solicit information from users under the age of 13.

10. Scope of this Policy. Third-Party Websites. Although this policy applies to all information obtained by you for the purpose of accessing or using content controlled and owned by the Live Water Foundation, it does not apply to businesses or entities that are not owned or controlled by us. This website contains links to other third party websites. Please be aware that the Live Water Foundation does not claim any responsibility for the privacy practices of these third-party sites. We encourage you to be aware when you leave our site and to take reasonable precautions when sharing your personally identifiable information on third party websites.

11.Opt-In Policy. You may “opt-in” to receive newsletters, promotional offers and other useful information from us. To unsubscribe from our mailings (except important system and content update information), you may go to [the ‘My Account’ section of the Website] and edit your personal profile by selecting [the “edit my profile”] link.

12. Encryption. All user account pages are protected with Secure Socket Layer (“SSL”) encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.

13. Amendments. The Live Water Foundation reserves the right to amend this policy at any time. The Live Water Foundation will contact registered users by e-mail, and shall also post a notice of changes on its web site, when and if the terms of this policy are amended.

14. Contact. You may contact the Live Water Foundation directly by e-mailing help at the Live Water Foundation’s should you have any questions regarding this policy.