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Waterford.org Website Terms of Use

These Terms of Use (“Terms of Use”) govern your access to and use of the website of Waterford Research Institute, LLC (“Waterford”) (“Waterford” or “we”) located at www.waterford.org, as well as any other related websites of Waterford (collectively, the “Website”), and to materials provided by us on or through the Website.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. Please read these Terms of Use carefully. Waterford reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Website, unless otherwise specified by Waterford. It is your responsibility to refer back to this page from time to time for any such updates or changes.

Subject to your compliance with these Terms of Use, Waterford grants you a limited, personal, non-exclusive, non-transferable and revocable right and license to access and use the Website and its contents.

Privacy

The Website provides information and services relating to Waterford’s products and services, including our software products. Waterford collects and processes personal data in connection with operating the Website and its business. Please refer to Waterford’s Privacy Policy, which informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that Waterford cannot ensure or warrant the security of any information transmitted to or from us.

Your Waterford Account

Some features of our services may require you to set up an account with Waterford, such as using our software . Access to Waterford software is also subject to additional terms and conditions that you will be required to agree to in order to access and use the software. If you set up an account with Waterford, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that Waterford is not responsible for third-party access to your account that results from theft or misappropriation of your account. You may not assign or transfer your account to any other person or entity without Waterford’s consent.

Restrictions on Use of Website and Waterford Materials

No person or entity is authorized to use or modify our Website, any of its contents, or our other materials, including text, images, product and service descriptions, articles, videos, software, graphics, and logos (collectively, “Waterford Materials”) without prior written consent from an authorized employee of Waterford. You warrant to Waterford that you will not use Waterford Materials for any purpose that is unlawful, competes with Waterford, or is prohibited by these Terms of Use. You also specifically agree:

  • You will not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with anyone else’s use and enjoyment of the Website, including attacking the Website in a denial-of-service or distributed denial-of-service attack.
  • You will not obtain or attempt to obtain any materials or information on or through the Website through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
  • You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
  • Any data, information or materials that you send to or share with Waterford, including by email, text, phone call, or posting on the Website, (“User Content”) will not contain any viruses or other malicious code, libelous or unlawful material, or any materials or instructions that may cause harm or injury to Waterford or any person, and will not violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
  • You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Website or other Waterford Materials other than for their authorized purposes. You will use Waterford Materials solely for your own internal business use, unless you’ve obtained the express written permission of Waterford and the copyright owner (if the materials are owned by a third party).
  • You will not delete or alter any proprietary rights or attribution notices in any content or Waterford Materials obtained through the Website.
  • You agree that you do not acquire any ownership rights in any Waterford Materials or other content posted on the Website. We do not grant you any licenses, express or implied, to any Waterford Materials except as expressly provided in these Terms of Use or in a binding contract between you and Waterford.

Indemnification

You will indemnify and hold harmless Waterford and our affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your improper use of the Website or Waterford Materials, or your violation of these Terms of Use.

Suspension or Termination of Account or Website Access

Waterford reserves the right, in our sole discretion, to suspend or terminate your subscription or account or your right to use any Waterford Materials, and to terminate or delete any content (including your User Content), and/or to cease providing any products or services at any time, without notice and without any liability to you, for any cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the Website, or technical problems.

Third-Party Linked Sites and Services

The Website may include links to third-party websites (“Linked Sites”), including social media, payment processing, and our business partners who offer related products and services. The Linked Sites are not operated or controlled by Waterford, and Waterford is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Waterford is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Waterford of the site or any association with the owners or operators of the Linked Site.

Trademarks

The Waterford name and our registered and unregistered trademarks and service marks, including Waterford Early Learning, Waterford Upstart, the Rusty and Rosy characters, Curriculet, and Waterford Mobile Mentors, and all other related names, logos, product and service names, designs, and slogans are trademarks of Waterford or its affiliates or licensors. You must not use such marks without the prior written permission of an authorized employee of Waterford. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Ownership

All Waterford Materials are the property of Waterford or its business partners. All Waterford Materials are protected by patents, copyrights, trademark law, trade secret law, and/or other laws, treaties and regulations that protect intellectual property and proprietary rights. You agree to comply with all patent, copyright and other proprietary notices, legends or other restrictions applicable to any Waterford Materials.

Your personal data and User Content remain your property, subject to the rights contained in these Terms of Use and our Privacy Policy. Notwithstanding the foregoing, if you provide any suggestions, ideas or other feedback to Waterford relating to our products or services (“Feedback”), you agree that Waterford shall own that Feedback and have the unrestricted right to use such Feedback and incorporate it into our products and services.

Disclaimer of Warranties

We may change or update the content on this Website from time to time, but we do not guarantee that all Website content is complete or up-to-date.

EXCEPT AS OTHERWISE EXPRESSLY AGREED BY WATERFORD IN A LIMITED WARRANTY SUPPLIED WITH OUR PRODUCTS OR SERVICES OR IN A WRITTEN CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL WATERFORD MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND WATERFORD AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. WATERFORD DOES NOT WARRANT THAT THE WEBSITE, WATERFORD MATERIALS OR ITS PRODUCTS OR SERVICES ARE COMPLETE, ACCURATE, OR FREE OF ERRORS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WATERFORD OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN CONTRACT AGREED TO BY WATERFORD, IN NO EVENT SHALL WATERFORD OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE OR WATERFORD MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WATERFORD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages in certain situations, so some of these disclaimers or limitations may not apply to you.

Takedown Notices

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us as specified in the “Waterford Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.

International Users

The Website is controlled, operated and administered by Waterford from our office(s) within the USA. We make no claims that the Website or any of its content is accessible, appropriate, or legal outside of the United States. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.

General Terms

These Terms of Use are governed by the laws of the State of Utah. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.

Waterford’s provision of the Website and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Waterford’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or your User Content.

If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Waterford with respect to the Website. Except for the Privacy Policy and any binding contract between you and Waterford, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and Waterford with respect to the Website.

Waterford’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and Waterford will not be deemed to modify any provision of these Terms of Use. Except as otherwise provided herein, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Waterford.

Waterford Contact Information

You may send us notices, questions or comments regarding these Terms of Use at the following:

Waterford Institute, LLC                           Waterford Research Institute, Romania

Attn: Data Privacy Agent                          Attn: Data Privacy Agent

PO Box 250                                              96 Memorandului Street

West Jordan, Utah 84084 USA                Timisoara, Timis County, Romania

dataprivacy@waterford.org                      dataprivacyro@waterford.org

Phone: (888) 982-9898

Last updated: March 7, 2025

Contact Information

Inquiries may be made to:

Waterford Institute, LLC
Attn: Data Privacy Agent
PO Box 250
West Jordan, Utah 84084 USA

Waterford Research Institute, Romania
Attn: Data Privacy Agent
96 Memorandului Street
Timisoara, Timis County
Romania