Terms and Conditions

My Water Daily’s products and services are provided by Florida Water Daily, LLC. These Terms of Use (“Terms”) govern your use of My Water Daily website, apps, and other products and services (“Services”). Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, whether or not you are a registered user, including the policies referenced in these Terms. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site.

My Water Daily reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

My Water Daily provides information services related to the water industry in the United States, including, but not limited to local news updates, job postings, bid postings, technical publications.

You may use our Services only if you can form a binding contract with My Water Daily, and only in compliance with these Terms and all applicable laws. When you create your My Water Daily account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain features may have additional requirements and/or restrictions.

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, My Water Daily does not waive any rights to use similar or related Feedback previously known to My Water Daily, developed by its employees or contractors, or obtained from other sources.

We care about the security of our users. While we work to protect the security of your account and related information, My Water Daily cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected].

Through the Services, you will have the ability to access and/or use content provided by newspapers, job listing services, and/or other third parties and links to websites and services maintained by third parties. My Water Daily cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. My Water Daily disclaims any responsibility or liability related to your access or use of such third party content.

My Water Daily respects the intellectual property rights of our users and other third parties and expects our users to do the same when using the Services. We have adopted and implemented My Water Daily Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.

While My Water Daily strives to ensure all information posted to the site is credible, based on facts and does not infringe on other people’s intellectual property rights, there may be an occasion that Content is provided by other parties, and/or may include content that infringes on the copyright another third party. If this happens, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on any My Water Daily sites infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by My Water Daily sites infringes your copyright, you (or your agent) may send My Water Daily a notice requesting the material be removed or access to it blocked.

The notice must include the following information:

• Your name, mailing address, telephone number and email address
• Sufficient detail identifying the copyrighted work alleged to have been infringed
• Identification of the material that you claim to be infringing and information reasonably sufficient to allow My Water Daily to locate the material on the Site
• 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 such as “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”
• 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 such as “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed

All claims of copyright infringement should be emailed to [email protected], or sent by mail:
Attention: General Counsel
Florida Water Daily LLC
PO Box 1631
Lake Wales, FL 33859

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, My Water Daily may terminate your use of any Service for any reason. None of My Water Daily, its owners, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MY WATER DAILY PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COURSERA PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, My Water Daily PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE COURSERA PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL MY WATER DAILY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY My Water Daily FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND My Water Daily PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO MY WATER DAILY’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You agree to indemnify, defend, and hold harmless My Water Daily Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

The Services are managed by Florida Water Daily, LLC, which is located in Polk County, Florida. You agree that any dispute related to these Terms will be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Polk County, Florida as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or My Water Daily may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and My Water Daily. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

In connection with your use of the Site or particular features or components of the Site, you may be required to provide, and we may collect, information that can identify you personally (“Personal Information”), such as your name, telephone number or address. For example, you may be required to provide, and we may collect, Personal Information when you:

• Sign up to receive e-mails, newsletters or other communications;
• Participate in surveys, contests, sweepstakes or other promotions offered via the Site;
• Request customer service or other assistance;
• Submit credit card information or other payment-related information if necessary in connection with a purchase or other transaction;
• Register with us or the Site or create an account to have access to the Site or particular features or components of the Site; or
• Otherwise communicate with us via the Site.

When you interact with the Site, we may collect certain information that does not identify you individually (“Non-Personal Information”), such as:

• Demographic data such as age, gender and zip code;
• Information about your computer, mobile device, or other device that you use to access the Site, which may include IP address, geolocation information, unique device identifiers, browser type, browser language and other transactional information;
• Usage information about your use of our Site, such as a reading history of the pages you view.
• Additional “traffic data” such as time of access, date of access, software crash reports, session identification number, access times, and referring website addresses; and
• Search terms and search results.
• Your Source IP Address/Location Information

As noted above, we may collect and store your device’s source IP address. This may disclose the location of your device at the time you access the Site. In addition, we may provide features on the Site that can deliver content based on your current location if you choose to enable that feature. If you enable that feature, your current location will be stored locally on your device and will be used to serve you certain content tied to your location. If you elect to have your location-based searches saved to your history, we will store such information on our servers.

Like many websites, our Site may use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages and that record your preferences and actions. We use cookies to track use of our Site and online services. We may also use cookies to monitor traffic, improve the Site and make it easier and/or relevant for your use.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. If you delete your cookies or if you set your web browser to decline cookies, some features of the Site may not work or may not work as designed. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

We may also use web beacons. A web beacon (also known as an “action tag”, “tracer tag” or “single-pixel gif”) is an invisible graphic on a web page that is programmed to collect information about your use of a given website and deliver cookies.

We may work with third-party advertising companies who may utilize web beacons to better provide advertisements about goods and services that may be of interest to you. These companies do not have access to your name, address, e-mail address, telephone number or other Personal Information from us. They may, however, anonymously track your Internet usage across other websites in their networks beyond the Site. To learn more about the use of this information or to choose not to have this information used by our third-party advertising partners by opting out please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/managing/opt_out.asp.

We use the information we obtain from or about you to help us personalize and improve your experience with us and the Site and to make certain features, activities or functionalities available to you. For example, we may use information we collect (including Personal Information) to:

• Provide you with content and services that you request;
• Communicate with you about changes to our policies;
• Send you newsletters and emails;
• Provide you with advertising, including advertising based on your activity on our Site or activity on third party sites and applications;
• Administer contests, sweepstakes, promotions, and surveys;
• Optimize or improve our products, services and operations;
• Detect, investigate, and prevent activities that may violate our policies or be illegal;
• Communicate with you about your account, respond to your inquiries and send you information about features and enhancements of the Site; and
• Perform statistical, demographic, and marketing analyses of users of the Site.

We may use and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to better customize your experience with the Site.

We may use your device’s IP address and other location information to:

• Personalize content and experiences on our Site;
• Personalize newsletters, offers and promotions for our products and services, other companies’ products and services and special events;
• Personalize the advertising that you receive;
• Optimize or improve our products, services and operations;
• Detect, investigate, and prevent activities that may violate our policies or be illegal; and
• Perform statistical, demographic, and marketing analyses of users of the Site.

We will only disclose your Personal Information collected via the Site to other companies as described in this Privacy Policy.

We may disclose Personal Information and other information collected from you to our parent companies, subsidiaries and affiliates.

We may provide Personal Information and other information collected from you to companies that provide support services to us or perform functions on our behalf, such as marketing, analytics, processing credit card or payment transactions and providing customer service. These companies may need Personal Information in order to perform their functions.

We may disclose Personal Information and other information collected from you if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process; (b) protect and defend the our rights or property, the Site or our users, and (c) act under emergency circumstances to protect the personal safety of any of our employees, agents or contractors, or those of any of our parent companies, affiliates or subsidiaries, any users of the Site or the public.

We may disclose Personal Information in connection with a sale of the Site or some or all of our business, assets or equity, a merger or other disposition of our company or a corporate reorganization. Please see the section below entitled “Assignment; Change of Ownership” for further information.

We may disclose or share Non-Personal Information in any other manner that we deem appropriate or necessary. Among other things, we may disclose Non-Personal Information to third parties to help us determine how people use parts of the Site so we can improve our Site and customize new product offerings. We may provide Non-Personal Information about how our users collectively use the Site in aggregated form to our business partners and other third parties.

We may change our ownership or corporate organization, be sold or merge with another company. We may also sell assets associated with the Site. We will have the right to transfer some or all of the information in our possession, including Personal Information concerning users, in connection with a change of ownership, change of corporate organization, merger or sale of assets or equity. Under such circumstances we would endeavor to require the new company, acquiring party or merged company to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, we cannot promise that a new company, acquiring company or the merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.

If you do not want to receive promotional communications from us, you can opt out at any time by sending a request to [email protected].

California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected].

Last updated: January 12, 2018