Terms of Use

Welcome, and thank you for your interest in Headwater Research, and our web site located at www.Headwater Researchllc.com (the "Headwater Research Site"). We are pleased to offer you access to the Headwater Research Site conditioned on your acceptance without modification of the following Terms of Use, including the Privacy Policy, Submissions Policy, and applicable Guidelines (collectively, the "Terms").

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Headwater Research. BY ACCESSING, BROWSING, DOWNLOADING MATERIALS AND/OR OTHERWISE USING THE Headwater Research SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND, ON BEHALF OF YOURSELF AND ANY ENTITY ON WHOSE BEHALF YOU ARE USING THE Headwater Research SITE, AGREE TO BE BOUND BY THE FOLLOWING TERMS, THE PRIVACY POLICY, AND ANY OTHER APPLICABLE GUIDELINES (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE Headwater Research SITE.

1. Eligibility; Registration Information and Password; Headwater Research Site Access.
   • IN THE EVENT YOU ARE ACCESSING THE Headwater Research SITE ON BEHALF OF A CORPORATE OR OTHER ENTITY, REFERENCES TO "YOU" HEREIN SHALL BE DEEMED TO REFER TO YOU IN YOUR INDIVIDUAL CAPACITY, AS WELL AS TO THE ENTITY ON WHOSE BEHALF YOU ARE ACCESSING THE SITE. THE Headwater Research SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE Headwater Research SITE. BY USING THE Headwater Research SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE Headwater Research SITE. Headwater Research RESERVES THE RIGHT TO BLOCK AND/OR SUSPEND ACCESS TO THE Headwater Research SITE TO ANY USER AT ANY TIME FOR ANY REASON.
   • SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Headwater Research grants you limited and revocable permission to access and use the Headwater Research Site solely for your personal, noncommercial purposes, as set forth in these Terms and consistent with the intended features of the Headwater Research Site.
2. Privacy and other Policies
   1. Privacy Policy. Your privacy is important to Headwater Research. The Headwater Research Privacy Policy (the "Privacy Policy") is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to our collection, use, and disclosure of your personally identifiable information. By using the Headwater Research Site, you represent and warrant that you have read and agree to the practices described in the Privacy Policy. The practices described in the Headwater Research Privacy Policy apply only to our use of information supplied by you to Headwater Research through the Headwater Research Site.
   2. Submissions. You agree and acknowledge that any information, ideas, or comments you submit to Headwater Research are governed by the Headwater Research Submissions Policy (the "Submissions Policy"), which is hereby incorporated into these Terms by reference, and which provides, among other things, that Headwater Research has an unrestricted right to use any such submissions.
   3. Guidelines. When using the Headwater Research Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
3. Prohibited Conduct
   • Your permission to use the Headwater Research Site is conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:
   1. Access or attempt to access content or features of the Headwater Research Site other than as intended and through the publicly accessible interface features of the Headwater Research Site;
   2. Use the Headwater Research Site on behalf of any third party, or in connection with any type of "service bureau" activity;
   3. Impersonate another user, person, or entity, or misrepresent the source, identity, or content of information transmitted via the Headwater Research Site;
   4. Use any bot, spider, or other automated program or process to access the Headwater Research Site, except for the sole purpose of crawling the Headwater Research Site in connection with legitimate indexing services of commercially available general purpose search engines, and solely in compliance with our robots.txt file; or
   5. Use the Headwater Research Site for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email or telephone marketing.
4. Modification of the Site and Terms.
   • From time to time, Headwater Research may change, modify, add, or remove portions of the Headwater Research Site and/or these Terms, and reserves the right to do so in its sole discretion on a going forward basis. If we modify the Terms, we will make them available through the Headwater Research Site, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. All amended Terms automatically take effect the earlier of 30 days after they made available through the Headwater Research Site or your use of the Headwater Research Site with actual knowledge of the amended Terms, except that (i) disputes between you and Headwater Research will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Headwater Research Site. Your continued use of the Headwater Research Site after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
5. Prohibited Uses
   1. Access to the Headwater Research Site from territories where its contents are illegal is prohibited. The Headwater Research Site is designed for customers in the United States. Those who choose to access the Headwater Research Site from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.
   2. You may not use the Headwater Research Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Headwater Research Site. You may not attempt to gain unauthorized access to the Headwater Research Site, or any part of it, other accounts, computer systems or networks connected to the Headwater Research Site, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Headwater Research Site or any activities conducted on the Headwater Research Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Headwater Research Site. You may not modify the Headwater Research Site in any manner or form, nor use modified versions of the Headwater Research Site.
   3. The Headwater Research Site may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Headwater Research Site for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Headwater Research Site.

6. Ownership; Proprietary Rights.
   • The Headwater Research Site is owned and operated by Headwater Research. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable materials), services, and all other elements of the Headwater Research Site provided by Headwater Research ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials, including all intellectual property rights therein, belong to Headwater Research or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Headwater Research or its affiliates and/or third party licensors. Except as expressly authorized by Headwater Research, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
7. Third Party Sites, Products and Services; Links.
   • The Headwater Research Site may include links to other web sites or services, solely as a convenience to users ("Linked Sites"). Headwater Research does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Headwater Research makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
   • Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Headwater Research Site is solely between you and such third party. YOU AGREE THAT Headwater Research WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE Headwater Research SITE.
8. Notices.
   • Except as explicitly stated otherwise, legal notices will be served on Headwater Research at Headwater Research, 110 N. College Avenue, Suite 1116, Tyler, Texas 75702. Legal notices will be served on you by posting through the Site.
9. Disclaimers; No Warranties.
   • TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Headwater Research AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Headwater Research DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE Headwater Research SITE TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE Headwater Research SITE, AND NOTHING ON THE Headwater Research SITE SHALL BE DEEMED OR INTERPRETED TO CONSTITUTE ANY WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE OF Headwater Research OR ANY OF ITS SUPPLIERS, AFFILIATES, OR PARTNERS.
   • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. Limitation of Liability and Damages.
    • UNDER NO CIRCUMSTANCES WILL Headwater Research OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE Headwater Research SITE, EVEN IF Headwater Research OR A Headwater Research AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Headwater Research OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE Headwater Research SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Headwater Research SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Indemnification.
    • You agree to indemnify, defend, and hold Headwater Research, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Headwater Research Site, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Headwater Research reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Headwater Research, and you agree to cooperate with our defense of these claims. Headwater Research will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. Miscellaneous.
    • These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Headwater Research must be resolved by a court located in the Northern District of California, unless agreed in writing otherwise by the parties. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by Headwater Research without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. These Terms (including the Privacy Policy, Submissions Policy, and any and all Guidelines) is the entire agreement between you and Headwater Research relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy, Submission Policy, or Guidelines made by Headwater Research as set forth herein. Failure by Headwater Research at any time to require performance of any provision of these Terms will in no manner affect our right to enforce the same or any other provision at any other time.
    • The Headwater Research Site is offered by Headwater Research, located at 110 N. College Avenue, Suite 1116, Tyler, Texas 75702; Headwater Research may be contacted by email at contact@headwaterllc.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.