Watermark Life Terms of Service

Last updated February 20, 2022

These Terms of Service (“Terms”) are a binding legal agreement between you and Wavelength Insurance Consulting and Watermark Insurance Services, Inc. (“Watermark” “we”, “our” or "us") that govern your right to use our websites, applications, and other offerings (hereafter collectively referred to as our "Site"). By accessing our Site through your device, you agree to abide by and be bound by these Terms and our Privacy Policy accessible here, and you represent and warrant that: (1) you have read, understand and agree to these Terms and Privacy Policy, (2) you are at least 18 years of age or the age of majority in your jurisdiction,(3) you are a resident of the United States, and (4) you agree to be bound by all applicable laws and regulations.  Immediately cease access to our Site if you don't agree to be legally bound by this contract. Note that these Terms are updated from time to time and your continued use of the Site after any such change constitutes acceptance of any modified terms. Please regularly check the site to view the most current Terms.

Collection and use of personal information

Your use of the Services and Site may involve sending personally identifiable information. Our policies with respect to the collection and use of such information are set forth in our Privacy Policy found at here. Our Privacy Policy is hereby incorporated in its entirety into this agreement.

Rules

This Site, its data, and its contents (the "Contents") are protected by copyright and other intellectual property laws. Subject to these Terms, we grant you a revocable, non-exclusive, limited, and temporary license to access our Site and its Contents for the sole purpose of browsing and/or using the Site to view and/or access our insurance services and related business offerings. You agree never to license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Content, including the Site.

Parts of the Site may enable you to provide feedback such a text input or other information and data you choose to share with us. By providing your feedback, in whatever form and through whatever means, you agree to grant us a non-exclusive, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, distribute, and otherwise exploit that feedback, without limitation.

If the feedback you share with us includes personal information, our Privacy Policy describes how we use that personal information. You are solely responsible for all feedback that you provide and represent and warrant that you are solely responsible and liable if any of your feedback violates or infringes any laws, including without limitation, the rights of any third party, harassing, deceptive and otherwise illegal content.

Unless expressly agreed to by Watermark in writing, Watermark has no obligation and is not required to maintain or store any of the feedback and/or data you provide.

You represent, warrant, and agree to the following rules:

·       Do not lie or misrepresent something or someone else.

·       Do not scrape, hack, reverse engineer, or compromise the Site.

·       Do not use bots, crawlers, scrapers, or other automated means to access or otherwise interact with the Site.

·       Do not hack, impair, or otherwise attempt to circumvent any security or technological measure on our Site.

·       Do not decipher, disassemble, or reverse engineer any of the Content, software or hardware used to provide the Site.

·       Do not take any action that could damage or adversely affect the performance or proper functioning of the Site.

·       Do not use, copy, display, mirror or frame the Site or any Content.

·       If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

·       Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with our Site or any of our Content.

Third-Party Materials. As a part of your access of the Site, you may have access and/or links to content and information created by a third party, such as one of our insurance partners. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk. We do not review, approve, monitor, warrant, endorse, control, or make any representations with respect to these third parties and/or third-party sites and we are not responsible for the content, information, services, content, materials, products, offerings, and/or advertising of any third party or third-party site. When communicate or access a third-party or third party site in any way through whatever means, you do so solely at your own risk and may be subject to their terms and conditions.

Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Site, including but not limited to, a mobile device that is suitable to connect with and use the Site. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Site.

Watermark Communications. You consent to receiving periodic communications from us. These communications may include emails, text messages, calls, and push notifications, even if your number is on the do not call list. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include and is not limited to messages about the Site, advertisements from us or one of our third-party partners, commercial and/or business offerings, updates about existing and new features, promotions, and advertisements regarding our own products and those of third-party partners, and news concerning industry developments. Standard text messaging charges applied by your cell phone carrier may apply to text messages that we send. If you wish to opt out of these communications, please review our Privacy Policy and email privacy@watermarklife.com.

Accounts

By choosing to create a profile and/or user account on our Site, you represent and warrant that all registration information you provide is truthful, accurate, current, and complete. You are also required to update your registration information as necessary to ensure the information remains truthful, accurate, current, and complete. For example, if you change your name you, must update this information. All registration information and other personal information that you provide us with is subject to the terms of our Privacy Policy.

Creation of an Account requires you make and use a strong password. You are solely responsible for the confidentiality of your password, and for any use of the Site or any Services made using your password. Sharing Accounts or passwords is strictly prohibited and constitutes a violation of this agreement and may result in termination of your Account. You agree that you shall monitor your Account and restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors using your account. Additionally, you agree to, (a) notify us immediately of any unauthorized use of your password and/or Account and (b) exit from your Account after you are done using it.

If you provide any information that is untrue, inaccurate, not current, incomplete, and/or we have reason to suspect that any information you have provided is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse all current or future use of the Site by you. You agree not to create an Account using a false identity or information, or on behalf of someone other than you.

Intellectual property

The Site and its Contents are protected under Intellectual Property laws which include, but is not limited to, the trademarks, trade dress, service marks, logos, design, layout, font, color, writings, flow-charts, compilations, and configurations displayed on the Site, which you agree that you have no right, title, or interest in or to. You acknowledge that all intellectual property rights for the Site and its Contents are the exclusive property of Watermark and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the Site except as permitted in these Terms.

Disclaimers of warranties

You acknowledge and agree that the Site is provided on an “as is,” and/or “as available” basis without warranty of any kind, either express or implied. This includes without limitation, any warranties of title, merchantability noninfringement, accuracy, quiet enjoyment, or fitness for a particular purpose. Neither Watermark, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (also referred to as “Watermark”) make any warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Watermark will not be liable for any damages to your computer equipment, devices, or other property on account of your access to or use of the Site or any content provided to you by Watermark. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use, or the lowest duration allowable under the applicable law. Information and opinions received via the Watermark Properties should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice.

The Site may be subject to delays, shutdowns, cancellations, and other disruptions. Watermark makes no warranty or representation that its services are always available. Like with most internet services, occasional downtimes and delays in service are to be expected. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may be disregarded if litigated in such a jurisdiction, but the rest of this agreement will be in full force and effect. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above exclusion may be disregarded if litigated in such a jurisdiction, but the rest of this agreement will be in full force and effect.

Preliminary Results for Insurance Quotes. The results of the preliminary insurance quotes on preliminary data provided by you and received by us may not be entirely accurate. The results are provided based on your personal information provided to us and other information may make the preliminary quotes more accurate. These quotes are not a substitute for professional financial advice. No information provided by Watermark should be considered financial advice, or as a recommendation to buy or forego any insurance product, without doing further research on your own or with a financial professional. No representation or warranty, express or implied, is given with respect to the accuracy or with respect to the accuracy of any other content.

Other insurance products and services. All insurance products quoted or sold through the site are third-party products and are not our products. We make no representations or warranties with respect to those products, and we accept no liability in connection with the use or purchase of those products. All such products are provided to you pursuant to the terms and conditions of the insurance carrier providing such products. All questions, concerns, or disputes with any such products should be raised with the insurance carrier providing such products and not with Watermark.

Limitation of liability

To the maximum extent permitted by law, in no event shall Watermark be liable for special, indirect, punitive, exemplary, or consequential damages, including lost profits, revenues or savings, even if Watermark has been advised of the possibility of such damages in advance. To the maximum extent permitted by law, under no circumstances shall Watermark be liable to you for more than the greater of (a) the fees paid by you within the twelve (12) months prior to any alleged act, omission or occurrence giving rise to Watermark’s liability; (b) the remedy or penalty imposed by the statute or law under which such claim arises; and (c) five hundred dollars ($500.00). Access to and use of the Watermark site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. Your sole and exclusive remedy for dissatisfaction with Watermark and/or its Site is to stop using Watermark and/or its Site.

In the event this agreement is litigated in a jurisdiction that does not allow the exclusion or limitation on liability for negligence, consequential, incidental, or other damages, in such jurisdictions, Watermark’s liability shall be limited to the greatest extent permitted by applicable law, and the above provision need not apply or render the rest of this agreement invalid.

Release. You hereby release and forever discharge Watermark (including Watermark’s officers, employees, agents, successors, and assigns which for this agreement may also be referred to as “Watermark”) from, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Watermark, the Site, (including any interactions with, or act or omission of the Watermark and/or the Site). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The limitations of damages set forth above are fundamental elements of the basis of the bargain between Watermark and you.

Indemnification

You shall defend, indemnify, and hold Watermark not liable from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising, or resulting from: (i) Your Content, (ii) your breach of these Terms of Service; (iii) your access to, use, or misuse of the Site; or (iv) your violation of any applicable laws, rules or regulations.

Term

Subject to this section, these Terms will remain in full force and effect while you use the Site or Watermark's services in any way, through whatever means. We may terminate these Terms and your access to all or any part of the Site at any time and for any reason without prior notice or liability. Termination may include removal of access to the Site preventing the further use of the site. Termination may also include deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof).

Dispute resolution.

All controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Watermark and our employees, agents, successors, or assigns, regarding or relating to Watermark and/or the Site and/or these Terms shall exclusively be heard by California Courts. In the event a state action is filed, you agree to jurisdiction in the county of Ventura. If a Federal Action is filed, you agree to jurisdiction in the Central District of California.

Miscellaneous

If any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms shall remain in full force and effect. Watermark shall not be liable for any delay or failure to perform resulting from causes outside Watermark’s reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortage of transportation facilities, fuel, energy, labor, or materials. No rights or obligations under this Terms are assignable. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. These Terms shall be governed by and construed in accordance with the laws of the State of California.