WatersEdge Website Terms of Use

 

Last Modified: January 1, 2024

These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“) are entered into by and between you and The Baptist Foundation of Oklahoma, a not-for-profit corporation operating under the trade names of WatersEdge Advisors and WatersEdge Ministry Services (“WatersEdge” “We” “Our” or “Us“). These Terms of Use govern your access to, and use of Our website made available at www.watersedge.com, including if you access an Account or any of our services through our website (the “Site“).  If you are or become a customer of WatersEdge or otherwise have an Account with us, additional terms, conditions and disclosures will apply to those services.

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH THESE TERMS OF USE.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.

WATERSEDGE RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY THESE TERMS OF USE AT ANY TIME.  ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE.  BY ACCESSING OR USING THE SITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES. HOWEVER, IF WE MODIFY THE ARBITRATION PROVISION BELOW, YOU MAY REJECT THAT CHANGE BY SENDING US WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF OUR POSTING OF THAT CHANGE, IN WHICH CASE YOU MUST IMMEDIATELY STOP USING THE SITE.

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE WATERSEDGE IN A CLASS ACTION LAWSUIT.

1. Privacy Policy. We may collect certain personal information about you when you access and use our Site. Our collection and use of personal information is described in our Privacy Policy. If you do not agree with any collection, use or disclosure of personal information as described in our Privacy Policy, you should not access or use or Site.

2. Content. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, ”Content”) are exclusively the property of WatersEdge or, as applicable, WatersEdge’s affiliates, vendors or licensors. Except for the rights expressly granted to you in these Terms of Use, WatersEdge retains all other ownership rights in the Site and Content, including all intellectual property rights.

All Content is provided for general, informational purposes only.  We do not guarantee the availability or accuracy of any Content, such as rates or fees, as there may be lag between when we make changes to such Content and when the Site is updated.  Each person’s financial situation is unique and therefore not all Content will apply to you.  THE CONTENT ON THE SITE SHOULD NOT BE CONSTRUED AS LEGAL OR FINANCIAL ADVICE TO YOU.

3. Site Information. We provide the information on the Site for general, informational purposes. While we use good faith efforts to keep the information on the Site accurate, we do not guarantee it is accurate, up-to-date, or applicable to you.

4. Account. To use certain features or services of our Site, you will be required to complete a new user registration form to create an account (“Account”). You will also be required to create a username and password or may be provided with a username and password. You are responsible for maintaining the confidentiality of your username and password. Do not share your username and password with any other person.  If you believe that your Account password may have been lost or stolen, notify WatersEdge immediately at 800-949-9988.  You warrant that any information you provide to us pertaining to your account or Our services, including financial and personal information, is true, accurate and complete. 

5. Account Errors. If you learn that someone has transferred or may transfer money between your Accounts without your permission, or in case of errors or questions about your electronic transfers, notify WatersEdge immediately at 800-949-9988. We must hear from you no later than sixty (60) days after you learn of the error. You will need to tell us:

  • Your name and Account number;
  • Why you believe there is an error and the dollar amount involved; and
  • Approximately when the error took place.

If you provide this information over the phone, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days and correct any error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint, but you will have the use of the funds in question after the ten (10) business days. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account during the investigation.

We will notify you with the results within three (3) business days of completing our investigation. If we decide there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation. If you need more information about our error resolution procedures, call us at the telephone number shown above.

6. Notices. By enrolling in any services offered through this Site, you agree to receive electronic Statements. ELECTRONIC STATEMENTS WILL BE POSTED IN YOUR ACCOUNT. Any emailed RENEWAL NOTICES OR ACCOUNT DOCUMENTS will be sent to the email address you provide in your Account profile, which YOU MAY UPDATE from time to time in your Account profile.

We reserve the right to change the terms and conditions upon which services are offered through this Site. We will send notice to you at least thirty (30) days before the effective date of any change or as required by law. Use of this service is subject to existing regulations governing WatersEdge and your Account and any future changes to those regulations.  All transactions generated by you through our services and any applicable fees will appear on your Account statement.

7. Offers. We may offer certain services through the Site.  All offers set forth on this Site are void where prohibited and are subject to additional terms pertaining to the offers. The actual services may differ from those displayed or listed on the Site, are subject to availability, availability may be limited in certain areas, and we may change services in our sole direction.

8. Career Opportunities. You warrant that all information contained in any job application materials you provide is current, accurate, and complete. Do not provide any resume or other job application materials for any person other than yourself.  Your submission of job application materials does not in any way require Us to review that application or consider you for employment.  Career opportunities on the Site are subject to change at any time, at our sole discretion and without notice.

9. Use Rights. You may only use the Site and the Content for their intended purposes for which they are made available to you by WatersEdge, so long as you comply with these Terms of Use, the Privacy Policy, all other terms posted throughout the Site as applicable to you, and all applicable laws, rules, and regulations.

10. Use of Marks. WatersEdge owns certain trademarks, names, logos, insignia, or service marks (”Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Us. The Site may also contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms of Use grants to you any rights in or to those third-party marks or materials without such third party’s consent.

11. Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to WatersEdge or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

12. Copyright Policy. We respect the intellectual property rights of others, and we ask that you do the same.  We strive to expeditiously remove any infringing material from the Site if we become aware of it. 

13. Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

14. Feedback and Other Content Submitted by You. If you submit comments or feedback to us regarding the Site, its Content or our services, or any other comments, questions, requests, content, or information that is not personal information (“Feedback“), we may use any Feedback that you send us in our discretion and without attribution or compensation to you.

15. Children’s Information. The Site is not directed at children under the age of eighteen (18) years old.  If you are under eighteen (18) years old, you must immediately stop using the Site.

16. Restrictions on Your Use of the Site.

The following actions violate these Terms of Use:

  • You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without WatersEdge’s prior written consent.
  • You may not use the Site for unlawful purposes.
  • You may not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
  • You may not engage in data mining or similar data gathering or extraction activities from the Site. You may not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
  • You may not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
  • You may not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
  • You may not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
  • You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
  • You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights, (iv) engages in the advertisement of or encourages illegal or controlled products or services, or (v) misleads a user into making a purchasing decision.
  • You may not engage in any conduct while using the Site that WatersEdge considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

17. NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED ”AS IS,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATERSEDGE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. WATERSEDGE MAKES COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ACCURATE AND RELIABLE CONTENT ON THE SITE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. WATERSEDGE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. WATERSEDGE DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE WILL NOT BE LIABLE FOR YOUR ACCOUNT ACTIVITY, SUCH AS IF YOU DO NOT HAVE ENOUGH MONEY IN YOUR ACCOUNT FOR A TRANSFER. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 
18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WATERSEDGE OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR PROFESSIONAL ADVISORS (COLLECTIVELY, THE ”WATERSEDGE PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A WATERSEDGE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE WATERSEDGE PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 
19. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WATERSEDGE PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE, AND (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

 
20. Third-Party Websites and Content. The Site may link to third-party websites or contain third-party content. We provide those links and content as a convenience to visitors to our Site. We are not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  WatersEdge does not warrant or endorse any third-party website or content. When leaving the Site, it is the applicable third-party’s terms and privacy policy that govern your use of such third-party site (and such third-party’s use of your personal information), not these Terms of Use.
21. Linking to the Site. You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of WatersEdge.  If we grant you a right to link to this Site, you may not link to this Site in any way that is unfair, illegal, or damages or takes advantage of our reputation, and you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent.  We reserve the right to revoke such consent at any time.  You are responsible for any costs incurred by WatersEdge in enforcing our rights under this Section.

22. Use in the United States. The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk.

THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS WATERSEDGE OR THE WATERSEDGE PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
23. Termination. If you violate applicable laws or these Terms of Use, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.

  1. Discontinuing the Site or Content. WatersEdge may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.
  2. No Liability for Suspension or Termination. WatersEdge will not be liable to you or anyone else for any damages arising from or related to WatersEdge’s suspension or termination of your access to the Site or the Content, or in the event WatersEdge modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

Without limiting the generality of the previous provisions, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (i) hardware, software, server, network, or telecommunications failures, (ii) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (iii) regulatory restrictions and other acts of government, (iv) interruptions due to utility and power companies, and (v) interruptions due to hacking or other malicious intrusion.

24. Cooperation with Law Enforcement. WatersEdge may cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE WATERSEDGE PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

 
25. DISPUTE RESOLUTION – ARBITRATION. Both parties agree to resolve any disputes arising under these Terms of Use or relating to the Site or the Content through binding arbitration, on an individual basis, as set forth below.

  1. WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST WATERSEDGE IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to WatersEdge’s right to appeal.
  2. Good Faith Discussions. You and WatersEdge must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms of Use.
  3. Rules. You and WatersEdge agree that arbitration will be conducted by the American Arbitration Association (”AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (”Rules”). The Rules can be found at: https://www.adr.org/Rules. You and WatersEdge agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
  4. Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
  5. Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms of Use or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and WatersEdge.
  6. Location. You agree that arbitration shall take place exclusively in Oklahoma County, Oklahoma. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
  7. Time Limit. Any claim by you arising in connection with these Terms of Use, the Site or the Content must be commenced by you within one (1) year of the dispute giving rise to the claim.
  8. Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
  9. The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms of Use.
  10. Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
  11. Exceptions. Notwithstanding anything to the contrary in this Section, you and WatersEdge each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.

26. Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms of Use, and your access to and use of the Site, are governed by the laws of Oklahoma, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Oklahoma County, Oklahoma. The parties expressly agree to the exclusive jurisdiction of those courts.

 
27. Entire Agreement. These Terms contain the entire agreement between you and WatersEdge with respect to your access to and use of the Site and the Content. In the event of conflict between these Terms of Use and the Privacy Policy, the Privacy Policy will control.

 
28. Severability. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use.
 
29. Waiver. Our failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Us.

30. Assignment. We may assign Our rights and delegate Our duties under these Terms of Use at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms of Use without Our prior written consent.  These Terms inure to the benefit of Our successors and assigns.

 
31. Terms Applicable To New Jersey Consumers. No provision in these Terms of Use will apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. WatersEdge reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state.
32. Contact Us. Please direct any questions and concerns regarding these Terms to us at:

WatersEdge
300 Johnny Bench Dr., Suite 200
Oklahoma City, OK 73104
(405) 949-9500
(800) 949-9988

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