WaterWorks

Last updated: November 8, 2018

Thank you for visiting the WaterWorks investment platform’s Terms and Conditions (the “Terms”), effective on November 8, 2018.

WaterWorks is an online investment platform available at www.waterworksfund.com (the “Portal” or the “Site”) where prospective investors can browse investment opportunities and make investments from among those opportunities. Prospective investors can also participate in blogs and discussion forums, read educational materials, and take advantage of other features that we might add from time to time. We refer to what we do on the Site as the “Service.” We refer to anyone who uses the Site, even just to browse, as a “User.” We refer to the images, text, and other content you see on the Site as “Content.” On some parts of the Site, Users can upload Content.

I.  Introduction

The Terms constitute a legally binding contract between you and WWF Holdings, Inc and its subsidiaries, so please read them and our Privacy Policy, which is available here www.waterworksfund.com/privacy/, and other terms referenced in this agreement carefully. If you have any questions about its meaning you should consult with an attorney before using the Site.

Your agreement with us includes these Terms and our Privacy Policy (together, the Terms, Privacy Policy, and any additional terms that you agree to from time to time are referred to together as the “Agreements”). If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on the Site. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the WaterWorks Service.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SERVICE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT WATERWORKS MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE AND/OR DISCLOSE NEW TERMS ELSEWHERE ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

USERS AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT THEY ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF THE WATERWORKS, INCLUDING, WITHOUT LIMITATION, BY INAPPROPRIATELY USING ANY INTELLECTUAL PROPERTY OF WATERWORKS. USERS ACT EXCLUSIVELY ON THEIR OWN BEHALF AND FOR THEIR OWN BENEFIT, AND NOT ON BEHALF OF THE WATERWORKS.

THE SERVICES COMPRISE AN ONLINE INVESTMENT PLATFORM THROUGH WHICH PEOPLE AND ENTITIES SEEK TO RAISE FUNDS FOR THEIR OWN COMPANIES AND TO MAKE INVESTMENTS IN THE COMPANIES OF OTHERS. COMPANIES CAN OFFER GIFTS OR REWARDS IN THE FORM OF TANGIBLE ITEMS OR INTANGIBLE SERVICES (COLLECTIVELY “PERKS”) TO INVESTORS. PERKS ARE NOT OFFERED FOR SALE. WATERWORKS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SAFETY, MORALITY OR LEGALITY OF ANY INVESTMENT OPPORTUNITY OR PERK OR THE TRUTH OR ACCURACY OF USER CONTENT (AS DEFINED BELOW) POSTED ON THE SITE. WATERWORKS DOES NOT REPRESENT THAT COMPANIES WILL DELIVER PERKS OR THAT INVESTMENTS WILL BE USED AS DESCRIBED IN THE INVESTMENT MATERIALS. WATERWORKS HAS NO CONTROL OVER THE CONDUCT OF USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. USERS ACCESS AND USE THE SERVICE AT THEIR OWN RISK.          

Investment opportunities on the Portal are only intended for investors who are sophisticated enough to protect their own interests, have reviewed the Educational Materials and can tolerate risk of capital loss.

II.  Modifications

A.    Terms of Service

We may modify the Terms at any time, in our sole discretion. Upon material modification, you will receive a notice of updated terms with a summary of changes. By utilizing the WaterWorks Service, you give consent to the Terms in place at that time. You understand and agree that your continued use of the Service after we have made any such changes constitutes your acceptance of the new versions of the Agreements.

B.     Service Offerings

The Company reserves the right to change, suspend, or discontinue the Service or any of its features at any time and without notice for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

III.  Eligibility

A. Representations and Warranties

By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter agreements such as this one due to age, you must abide by such age limits and you must not use the Services.  Without limiting the foregoing, the Services are not available to children (persons under the age of 18). If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity, its end users and its affiliates to this Agreement, in which case the terms “you” or “your” shall refer to such entity, its end users and its affiliates. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from the Services; or not otherwise prohibited from having an account with WaterWorks; (2) are not a competitor of WaterWorks and are not using the Services for reasons that are in competition with WaterWorks; (3) will only maintain one account at any given time; and (4) agree to provide at your cost all equipment, software, and internet access necessary to use the Service.

We may, in our sole discretion, refuse to offer the Service to any person or entity and/or change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

IV.  Relationship to Privacy Policy and Other Contracts

Our Privacy Policy is part of this Agreement. In addition, we may ask that you agree to other terms and conditions depending on your use of the Site. For example, investors considering investments under Title III of the JOBS Act will be asked to agree to supplemental Terms of Use. All of such other terms and conditions become part of this Agreement.There are no agreements or understandings concerning your use of the Site that are not reflected in this Agreement or in the other documents that refer to this Agreement. This Agreement supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service.

V.  User Information

In our Privacy Policy, we outline in detail our use and collection of information from our users, and how such information is utilized.

VI.  Your Account

A. Account Required

You may browse the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register by creating an account (the “Account"). To register for an Account, you must be at least 18 years old. If you know a user is under the age of 18, please report them to us. You affirm that all information provided is true, accurate, current and complete. You agree to update such information, as needed, to keep it accurate, complete and up-to-date. Providing false information to create an account may result in suspension and/or termination of your Account, and/or civil and/or criminal legal action against you. The Company reserves the right in its sole discretion to refuse registration of an Account for any reason and at any time.

B.  Authorizations

1.     Third Party Applications                        

The WaterWorks Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

C.    Unauthorized Use of Your Account

You are responsible for maintaining the confidentiality of your password and Account and are fully responsible for any and all activities that occur under your password or Account. You agree to (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Services. You agree that you are responsible for all activities that occur under your Account, whether or not you know about them. The Company will not be liable for any loss or damage arising from your failure to comply with this section.

D.   Removal/Suspension of Your Account

1.  With or Without Cause

We reserve the right to remove and/or suspend your Account at any time without notice, with or without cause (“Removal”). You retain no rights to your User Content (as defined herein) and/or the access thereto upon Removal.

2.  Inappropriate Use

You must not use the Services for any unlawful purpose. All information you provide through your Account must be truthful, accurate and current. You shall correct any information that is no longer accurate or current. You must not use the Service to “stalk” or otherwise harass another User or any other person. You must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. If you inappropriately use your Account we may remove and/or suspend it.

3.  Code of Conduct

You hereby agree that by using the WaterWorks Service you will not post or transmit any of the following materials on or through the Portal:

  • anything that interferes with or disrupts the WaterWorks Service or the operation thereof,
  • statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
  • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
  • statements or material that violate other contractual or fiduciary rights, duties, or agreements,
  • statements or material that are bigoted, hateful, or racially offensive,
  • statements or material that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction,
  • statements or material that constitute anti-competitive collaboration and/or antitrust violations,
  • statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
  • statements or material that harms minors,
  • statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the Company,
  • statements or material that misrepresents your affiliation with any entity and/or company,
  • anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
  • chain letters or pyramid schemes,
  • statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
  • statements or material that are “off-topic” in the forum in which they are submitted, and
  • files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the WaterWorks Service.

4. Our Obligation to Enforce Code of Conduct

We will enforce the Code of Conduct described above wherever we become aware of violations and deem enforcement to be necessary. However, we do not necessarily monitor the Site for violations and are not liable for any harm or damages caused to Users by another User’s violation of the Code of Conduct. If you believe the Code of Conduct is being violated, please contact us.

5. Our Right to Monitor

We may monitor your use of the Site, including email, and other Content you transmit through the Site, (ii) remove, edit, or refuse to post Content, (iii) restrict access from certain websites or other resources, and (iv) take any other actions we deem necessary in our sole discretion to protect our community of Users and our resources. You cannot expect that communications through the Site will remain private from us.

6. Voluntary Account Cancellation

You may cancel your Account at any time by contacting the account administrator through the online form available here on the Site. Upon cancellation, you shall no longer have access to your User Content.

7. Survival

Upon any removal, termination, discontinuation, suspension, or cancellation of your Account, the following provisions of the Terms shall survive: Terms of sale; Content; Warranty Disclaimers; Limitation of Liability; General Terms; and this section on Survival.

VII.  Investment Warnings

Our Site offers qualified investors the opportunity to invest in opportunities listed. Please note:

  • Some of the opportunities listed at the Site may be available only to so-called “accredited investors,” while other opportunities are available to everyone.
  • We do not make recommendations regarding the appropriateness of any particular opportunity for any particular investor. We are not investment advisors. Investors must make their own investment decisions, either alone or with their personal advisors.
  • We are not licensed brokers are dealers.
  • Investing in the opportunities on our Site is risky and unpredictable. You should invest in opportunities listed at the Site only if you can afford to lose your investment.
  • We may provide financial projections for some of the investment opportunities listed on the Site. All these financial projections are only estimates based on current conditions and current assumptions. The actual result of any investment is likely to be different than the original projection, often by a large amount. Neither we nor anyone else guaranties the results reflected in financial projections.
  • Neither the Securities and Exchange Commission nor any state agency has reviewed the investment opportunities listed on the Site.

VIII. Content

A.    Definitions

  1. "Content" is defined as text, graphics, images, music, software, audio, video, reviews, code, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available whether or not related to an investment opportunity.
  2. "User Content" is any Content that Account holders (including you) provide to be made available through WaterWorks.
  3. “WaterWorks Content” is any Content provided by the Company, that is not User Content.

B.  User Content

1. Ownership of User Content

You have the right to ownership of your User Content, such that you own and retain all of the Intellectual Property rights in any of your User Content.

2. Access of User Content

You agree that you do not have the right to access your User Content via the Service. We reserve the right to Remove your Account for any or no reason. Upon Removal, you agree that you will no longer have access to your User Content on the Services. You agree that you have no right to such access, and you have no right to notice before Removal of your Account.

C.    Removal of User Content

Although we have no obligation to review, screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, block, screen or edit User Content posted or stored on our Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Services at your sole cost and expense. Further, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.You hereby waive any right to such removal and hold us harmless as to any retention of User Content.

D.    User Perpetual License to Us

By making any User Content available through use of the WaterWorks Service, you grant to us a perpetual non-exclusive, worldwide, royalty-free, transferable license to use, copy, modify, print, post, link to, imbed links within, promote, display, perform and distribute the User Content and to create derivative works therefrom.

E.     Responsibility for User Content

You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through the Site, and any use of your User Content by us will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

F.     No Pre-Screening of Content

WaterWorks is not responsible for screening, policing, editing, or monitoring your or another User’s Content and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Content.Moreover, and except as provided above with respect to the Company’s right and ability to delete or remove Content (or any part thereof), WaterWorks does not endorse, oppose, or edit any opinion or information provided by its Users and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User.The opinions, advice, statements, offers or other information or content made available through the Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content.

G.    Rights in the WaterWorks Content

Subject to your compliance with these Terms, WaterWorks grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, and display the WaterWorks Content in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.

H.    WaterWorks Copyright and Intellectual Property Rights

The Company owns or has the legal right to use all of the intellectual property associated with the Site and the Services. This includes, but is not limited to, our name, our trademarks and copyrights, the design of the Site, our trade secrets, our business methods, any artwork, text, video, photographs, or audio used on the Site, and our logos, tag lines, and trade dress.

You have no interest in any of this intellectual property, other than the right (which we may terminate or suspend) to use the Site and the Services in accordance with these Terms. You shall not duplicate, publish, display, distribute, modify, create derivative works from, or exploit our intellectual property in any way.

In accordance with the Digital Millennium Copyright Act, the Company has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. The Company also may terminate User accounts even based on a single infringement.

I.      Feedback

Although we do not claim ownership of User Content you post using the Service, the Feedback you provide to us through the Service will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

J.      Compliance with Subpoenas and Legal Requests

We will comply with all county, state, and federal court subpoenas and government subpoenas related to the production of records from use of the Service, including all User Content. By utilizing the Service, you hereby give us the right to produce any and all messages or User Content of any kind produced by you to county, state, and federal courts and/or government officials in response to a subpoena or other court order.

VIII. Communications

You consent to receive from the Company all communications including notices, agreements, legally required disclosures, or other information in connection with the Service electronically. The Company may provide the electronic notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically, you must discontinue your use of the Service.

IX.  Copyright Infringement Reporting

A.    Policy

We comply with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website here.

B.    Reporting of Infringement

Please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Saunders & Silverstein LLP, 14 Cedar Street, Suite 224, Attn: Aaron Silverstein, Amesbury, MA 01913-1831(“WaterWorks Designated Copyright Agent”). Upon receipt of the Notice as described below, we will take whatever action, we, in our sole discretion, deem appropriate, including removal of the challenged material from the Site.

C. DMCA Notice of Alleged Infringement ("Infringement Notice")

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Company’s Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit WaterWorks to locate the material;
  • Information reasonably sufficient to permit WaterWorks to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

X.  Third-Party Services

Through use of the Service, we may provide you with links to third-party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third-party. Your use of such third-party applications, websites, and services is governed by that party's own terms of service or privacy policies. You agree that you will read and abide by the terms and conditions and privacy policy of any third-party application, website or service that you visit or use, through the use of the Service.

We have no control over any third party-owned websites or content referenced, accessed by or available on this site and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third party-owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content. If you link to third party sites from our Site, we encourage you to consult the policy statements and the terms and conditions of each site you visit.

XI.  Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your submissions, violation of the Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

XII.  Applicable Law; Arbitration of Disputes; Class Action Waiver; Disputes with Others            

A.  Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over the Company or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of  the State of Michigan.          

B.  Arbitration of Disputes

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN USERS AND US OR ANY OF OUR AFFILIATES OR THEIR RESPECTIVE AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by these Terms, and will be administered by the AAA before a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIMS. Nothing contained in this Section shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve our rights in and to intellectual property or confidential information. The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.

No part of the procedures will be open to the public or media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

This arbitration agreement will survive the termination of your relationship with the Company.          

C. Class Action Waiver

You and WaterWorks each acknowledge and agree that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.          

D. Your Disputes with Other Users          

You will not include us in any dispute you have with another User.

XIII.  Warranty Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

Without limiting the preceding paragraph, the Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that (i) the Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE NOT INTENDED TO LIMIT THE LIABILITY OF ANY PERSON UNDER THE FEDERAL SECURITIES LAWS.

XIV.  General Terms

A.  Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding use of the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such.

B.  Severability

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible by the court and the other provisions of these Terms will remain in full force and effect.

C.  Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors and permitted assigns.

D.  Notice

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting of the updated Terms to the website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.For notices posted, the date of posting shall be the date of transmittal.

E.  Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

F.  Headings

Section titles in these Terms are for convenience only and have no legal or contractual effect.

G. Electronic Communications

By using the Service, you consent to receiving electronic communications (e.g., e-mail) from us or our affiliates. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of being an Account holder. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.

XV.  Contact Information

If you have any questions about these Terms or the Service, please contact us at:

WWF Funding Portal, LLC
Attn: Lon Johnson
1300 Broadway St, Ste 520
Detroit, MI 48226 USA
Phone: +1-313-314-6500
E-mail: [email protected]

SUPPLEMENTAL TERMS OF SERVICE FOR TITLE III OPPORTUNITIES

You have expressed interest in one or companies offering securities under section 4(a)(6) of the Securities Act of 1933, which was added to the law by the JOBS Act of 2012. We refer to those as “Title III Opportunities.”          

These Supplemental Terms of Service for Title III Opportunities – which we refer to as the “Supplemental Terms” – apply to all Title III Opportunities. They supplement, but do not replace the Terms of Use, meaning that you continue to be subject to all of the Terms of Use. However the Supplemental Terms conflict with the Terms of Service, these Supplemental Terms take precedence.

The following definitions apply in these Supplemental Terms:

  • The words “Funding Portal,” “we,” or ”us” mean WWF Funding Portal, LLC.
  • “You” means you, the prospective investor.
  • “Site” means the website located at http://www.waterworksfund.com/.
  • “Issuers” means the companies offering securities at the Site under section 4(a)(6) of the Securities Act of 1933, which are designated as such at the Site.
  • “SEC” means the U.S. Securities and Exchange Commission.
  • “FINRA” means the Financial Industry Regulatory Authority.
  • Other capitalized terms have the meanings given to them in the Terms of Use.

You agree that:

1.  Accuracy of Information.

All of the information you provide to us will be true and accurate in all respects. If you learn that any of the information you have given to us is incorrect or inaccurate, you will notify us immediately.

2.  Role of Portal.

You understand that Funding Portal is a “funding portal” as described in section 3(a)(80) of the Securities Exchange Act of 1934 and section 4A(a)(1)(B) of the Securities Act of 1933. This means, among other things, that:

a.   You cannot purchase securities of Funding Portal on the Site, and you will not acquire any ownership interest in Funding Portal by investing in an Issuer.

b.   Funding Portal does not make any promises, representations, or recommendations about any of the Issuers. You have to decide whether to invest in Issuers on your own, based on information from the Issuers themselves.

c.   All of the information about Issuers that you see on the Site has been provided by the Issuers themselves, not by Funding Portal. Funding Portal does not provide and is not responsible for any of the information about Issuers posted on the Site.

d.   Any contract you enter into with an Issuer is solely between you and the Issuer, and does not involve Funding Portal. Funding Portal does not guaranty that any Issuer will satisfy is contractual obligations to you.

3.  No Guaranty.

Funding Portal is not making any guaranties to you. If you lose all or part of your investment, you will not have a right to recover from Funding Portal, except to the extent Funding Portal is determined to be liable for your loss under Federal securities laws.

4.  Need for Investigation.

Although we perform certain background checks on Issuers, and Issuers provide certain information about themselves on the Site, it is possible that (i) Issuers will be non-viable or even fraudulent, or (ii) Issuers will fail to provide all material information about themselves. We strongly suggest that before making any investment, your conduct your own investigation, together with professional advisors.

5.  No Approval by SEC.

Neither the SEC nor any state securities regulator has approved any of the Title III Opportunities list at the Site. Any statement to the contrary is a criminal offense.

6.  Resolution of Disputes.

Any dispute between us shall be resolved by FINRA arbitration, in accordance with FINRA’s Code of Arbitration Procedure. You shall not bring or participate in a putative or certified class action against us.

7.  Amendments.

We may revise these Supplemental Terms at any time. Any revisions will apply prospectively.

8.  Titles and Captions.

All article, section and paragraph titles and captions contained in these Supplemental Terms are for convenience only and are not deemed a part of the context hereof.

TERMS OF USE