Welcome to www.Waterfull.com, the “Site.” The following Waterfull.com Terms and Conditions are between you and Waterfull, 11721 Whittier Blvd. #337, Whittier, CA, 90601,constitute a legal agreement that governs your use of the Site. The Site is comprised of web pages containing information and resources provided by WATERFULL and certain third party content providers. The Waterfull.com Terms and Conditions only govern your use of the Site. Waterfull offers you access to the Site conditioned on your acceptance of these Waterfull.com Terms and Conditions, including your agreement to the Privacy Policy and the Waterfull Exchange and Refund Policy, each as amended from time to time, which are part of and incorporated into these Waterfull.com Terms and Conditions (collectively, the “Terms”) and apply to your use of the Site. “You“ means an individual who accesses the Site or any services available through the Site (“Services”).

Waterfull‘s Privacy Statement contains information about Waterfull’s practices for collection and use of information about you and your use of the Site. You agree that Waterfull, complying with its Privacy Policy, may collect, use, disclose, transmit, process and store information related to you and your account for Services, to operate and provide the Site. You have the right to update, amend and delete your personal information in accordance with the Privacy Policy. By using the Site, you consent to the transfer, recording, and storage of information outside of the country where you reside. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement and national security authorities. Please review the Privacy Policy.

Please read these Terms carefully before accessing or using the Site. By clicking a box that indicates you agree to the Terms, or by otherwise accessing or using the Site (where agreement by such access or use is permitted by law), you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not agree to the Terms or access or use the Site. The Site does not target and is not intended for children under the age of 16.

Additional terms may be presented to you in connection with your use of the Site or particular feature of the Site, or the downloading of material from the Site or through the Service. You agree to comply with any additional terms, which are incorporated in these Terms by reference. If you do not agree to the additional terms, do not use or purchase the particular features to which the additional terms apply (if the terms are limited to specific features) or stop using the Site and terminate any related Service account. You may also be subject to additional terms and conditions from third parties that may apply when you purchase products or services or use or download software from third parties.

  1. Passwords; Attribution of Electronic Acts to You. Some activities on this Site require you to register with a user name and password or to post entries to the community support section of this Site). If you register, you must provide Waterfull with current, complete and accurate information. You agree to maintain and are responsible for maintaining the confidentiality of your password and user name. You agree that if your user name and password are used on the Site, Waterfull may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify Waterfull immediately of any unauthorized use of your account or any other breach of security at the email address set forth in Section 16.

  2. Site Use. Access to the Site is provided on a temporary basis and you may use the Site when it is available. The Site may not always be available. There may be interruptions or extended downtimes. Waterfull reserves the right to change or remove, and restrict or block access to, all or any part of the Site (including any features thereof) at any time without notice.

  3. Your Conduct. The Site may contain communication features (such as blogs, support forums, etc.) designed to enable you to communicate with Waterfull and the public at large. You agree to use the Site only to post, send and receive messages and material that are appropriate and related to the purpose of the Site. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technically harmful. You must not attempt to gain unauthorized access to the Site, or any servers, computers, or any data bases connected with the Site. You must not attach the Site via a denial-of-service attack, or a distributed denial-of-service attack. You agree that when using the Site, you will not engage or attempt to engage in any improper uses, as set out above. If you breach this section you may commit a criminal offence. Waterfull will report any such breach to the relevant law enforcement authorities and Waterfull will cooperate with those authorities by disclosing your name and any other relevant information that Waterfull holds about you. In the event of such a breach, your right to use the Site will cease immediately.

If Waterfull suspects violations of any of this Section, Waterfull may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with Waterfull in investigating suspected violations. Waterfull reserves the right to manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that Waterfull considers to be illegal or violations of these Terms, to the extent such measures are allowed by applicable law.

  1. Third Party Materials. The Site may contain links to third party web sites (“Linked Sites”). The Linked Sites are not under Waterfull’s control and Waterfull is not responsible for any Linked Site. Waterfull provides these links as a convenience and the inclusion of any link does not imply Waterfull’s endorsement or an association with its operators. When you access a Linked Site, you do so at your own risk. Also, in the course of using a Service offered through the Site, you may download to your device content that is provided by third parties or access services and Linked Sites provided by third parties, such as social media partners, wireless carriers, and third party software application developers. If you obtain anything from a third party over the Internet, directly or indirectly through the Site or a Service, applications, newscasts, any content or other materials and information for use on the Site (“Third Party Materials”), you understand that you receive such Third Party Materials from the third party supplier and not from Waterfull. Your relationship with respect to Third Party Materials is with the supplier, and not with Waterfull. It is your responsibility to review the privacy policies and terms of use that apply to third party services, Linked Sites and Third Party Materials. Any claims you might have with respect to third party services, Linked Sites and Third Party Materials are against the supplier and not against Waterfull.

  2. Caution about Accuracy of Information. This Site intends to represent current Waterfull services and products, however, certain information may be outdated. The Site is subject to change without notice and may contain typographical errors, inaccuracies or omissions. The colors you see (for example, product colors) on the Site may depend on the specifications and settings of your computer and may not accurately depict the actual colors. You agree not to rely on any information provided on this Site, which is provided for your convenience only.

  3. User Content. The Site may contain communication features (such as blogs, support forums, etc.) designed to enable users to communicate with Waterfull and the public at large, and Content may also be posted to the Site or particular Service by users. “User Content” means all information, graphics, text, images, and other materials, including all metadata associated with any content, that is posted to the Site or a Service by users of the Site (except Feedback, defined in Section 7. You are solely responsible for all User Content uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available by you or through your account. Although Waterfull does not pre-screen the User Content, Waterfull reserves the right to determine whether any User Content is appropriate and in compliance with the applicable Terms, and may pre-screen, filter, restrict, block, move, refuse, modify or remove User Content at any time in its sole discretion, without prior notice. Waterfull encourages you not to post or share sensitive personal information.

  4. Feedback. You agree that, if you submit or provide suggestions for improving Waterfull products and services (“Feedback”) to Waterfull, by the act of submission or suggestion you effectively irrevocably assign to Waterfull all right, title and interest throughout the world in the Feedback without the right to any compensation from Waterfull and, to the extent allowed by applicable law, you waive any moral rights you may have in the Feedback. Further, you effectively irrevocably waive and agree never to assert any claims against Waterfull in interest with respect to Feedback you submit or provide to Waterfull. You also agree that this assignment and waiver will be effective without the need for any further action or execution of any further document by you.

  5. Waterfull Content; Proprietary Rights; License; Updates. “Waterfull Content” means all information, graphics, text, images, software, video, communications and other materials (including all metadata associated with any content) that Waterfull provide to you in connection with the Site. Waterfull own all Waterfull Content, including the selection and arrangement of the Waterfull Content and the “look and feel” of the Site. Waterfull own all legal rights, title and interest in and to the Site.

  6. Limitation of Liability and Exclusive Remedy. To the maximum extent permitted by applicable law, Waterfull’s maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Site, Linked Sites, Waterfull Content, Third Party Materials, Services or your use of the Site will be to recover the actual damages you incur based upon reasonable reliance on the Site up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Site, Linked Sites, Waterfull Content, Third Party Materials or Service will not enlarge or extend the limitation of money damages. To the maximum extent permitted by applicable law, these actual money damages will be your sole remedy.

Some jurisdictions do not allow certain contract terms. If a court of competent jurisdiction deems the above liability cap unenforceable, it will to that extent not be applicable but instead the words “up to five dollars (U.S. $5.00)” will be deemed replaced by the words “up to the value of the transaction in respect of which liability has arisen.”

Nothing in this Section 9 will be interpreted as purporting to exclude liability which cannot under prevailing legislation be excluded, but any such statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under such legislation.

  1. Indemnity. You will defend, indemnify and hold Waterfull, its directors and employees, harmless from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any User Content submitted, posted, transmitted or otherwise made available under your account using the Site or a Service; (b) your use of the Site or Service and activities occurring using your account information; (c) any violation by you of the Terms; and (d) your violation of any third party rights. This indemnification will survive the termination or expiration of the Terms and your use of the Site or Service.

  2. Independent Remedies. The exclusion of damages under Section 11 is independent of your exclusive remedy in Section 9 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 9 and 10 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

  3. Copyright Notice and Takedown Procedures. You agree to respect the intellectual property rights of Waterfull and third parties. Waterfull has the right to terminate any account or right of access to the Site for infringement by the account holder, or person accessing the Site, of Waterfull’s or others’ rights.

  4. Applicable Law and Forum. Regardless of conflict of laws principles, if you live in (a) North America, Latin America, the laws of California State in the United States govern the Terms, the interpretation thereof and claims for breach; and (b)any other region, the laws of Taiwan (ROC) govern the Terms, the interpretation thereof and claims for breach; all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which we direct your service. If you live in North America or Latin America, you and Waterfull agree to submit to exclusive jurisdiction and venue in the state and federal courts in Los Angeles County, California for any and all disputes, claims and actions arising from or in connection with the Service or the Terms. Unless the following limitation is prohibited by applicable law, any claim or cause of action arising out of or related to the Terms or the use of the Site or a Service must be filed within one (1) year after the cause of action arose.

  5. Changes to these Terms. Waterfull reserves the right to change these Terms at any time. The updated version will be effective upon the date of posting unless indicated otherwise in the updated Terms. You can review the most current version of the Terms at any time at www.waterfull.com. Your acceptance of the Terms by clicking a box (if one is made available to you), or your continued use of the Site after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your registration and/or discontinue your use of the Site.

  6. Termination. You may terminate your account registration or stop using the Site at any time. Waterfull reserves the right to terminate these Terms and your access to the Site or any portion thereof, including any Services at any time, without notice. Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, and18, will survive termination.

  7. Notices. Waterfull may give you all notices (including legal process) that Waterfull is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to Waterfull. You agree to keep your email and mailing addresses current and to check for notices posted on the Site. You agree to send Waterfull notice by mailing it to Waterfull’s “Address for Legal Notices” which is:

Attn: Customer Service.
11721 Whittier Blvd. #337, Whittier, CA, 90601

General. If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties’ convenience and have no legal or contractual significance. Waterfull may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. Waterfull’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement and any other incorporated terms) constitute the entire agreement between you and Waterfull with respect to the Site. These Terms supersede all prior or contemporaneous communications of any kind between you and Waterfull with respect to the Site. Any translation of the Terms is done for local requirements. If there is a dispute between the English and any non-English version, the English version of the Terms will govern.

  1. Support. Waterfull does offer customer support for the Site and any feature or service available through the Site, when Waterfull has posted information on the Site that we offer customer support for a particular section of the Site.

  2. Copyright and Trademark Notices. Except for User Content, all content offered in connection with the Site is ©2017 Waterfull All rights reserved. Copyright and other intellectual property laws and treaties protect any content provided on the Site. Waterfull owns the title, copyright and other intellectual property rights in the Site, Waterfull Content, Feedback your Waterfull account. The Waterfull logo, and/or other Waterfull product names and services referenced on the Site are the trademarks of Waterfull. All other company names, product names, service names and logos referenced on the Site may be the trademarks of their respective owners.