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TERMS OF USE

Effective Date: 7/7/2025

This website is owned and operated by Watermark Retirement Communities, LLC. These Terms of Use (“Terms”), together with any terms expressly incorporated by reference, including our Privacy Policy (available at https://www.watermarkcommunities.com/privacy/), govern your relationship with Watermark Retirement Communities, LLC, our subsidiaries, and our affiliates (“Watermark,” “us,” “we,” or “our”) when you access, browse, or otherwise use our websites, including https://www.watermarkcommunities.com/. These Terms apply to Watermark’s websites as well as the websites for its properties (“Site”).  

Capitalized terms used but not defined in these Terms have the meaning given to them in our Privacy Policy. Please refer to our Privacy Policy to learn about our privacy practices with respect to your Personal Information.
 
PLEASE CAREFULLY READ THESE TERMS PRIOR TO USING THE SITE. THESE TERMS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES (SEE DISPUTE RESOLUTION SECTION BELOW).

1. APPLICABILITY & ACCEPTANCE OF TERMS

By clicking to accept or agree to these Terms when this option is made available to you, or by accessing, browsing, or otherwise using the Site, you expressly agree to these Terms without limitation or qualification. If you do not agree to these Terms, then you may not use the Site. Watermark reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without prior notice to you. It is your responsibility to check these Terms periodically for changes. Any modifications to these Terms will be effective immediately upon posting on this page and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of changes constitutes your agreement to and acceptance of the changes.

2. ADDITIONAL TERMS

Certain parts or features of the Site may be subject to additional terms and conditions that are not expressly stated in these Terms (“Additional Terms”). Such Additional Terms supplement and are incorporated into these Terms. You agree to comply with such Additional Terms that apply to your use of the applicable parts or features of the Site. In case any conflict exists between these Terms and Additional Terms, the Additional Terms will control with respect to the specific parts or features of the Site provided subject to those Additional Terms.
 
You may have entered into one or more pre-existing written agreements related to your purchase of services from Watermark (“Agreements”). TO THE EXTENT THAT YOU HAVE ENTERED INTO ONE OR MORE AGREEMENTS, YOU AGREE TO ABIDE BY SUCH AGREEMENTS WITH RESPECT TO THE PURCHASE OF SERVICES FROM WATERMARK, EVEN IF SUCH SERVICES ARE REFERENCED OR ADVERTISED ON THE SITE. IN THE EVENT OF A CONFLICT BETWEEN ANY AGREEMENT AND THESE TERMS THE AGREEMENT(S) SHALL GOVERN AND CONTROL.

3. ELIGIBILITY TO USE THE SITE

You represent and warrant to Watermark that you are the legal age of majority in your jurisdiction or state of residence, and that you live in the United States and in a state or territory where the Site is made available. If you do not meet these requirements, you must not access or use the Site. You understand and agree that satisfying the above requirements does not guarantee that you will receive access to the Site. In addition to the above requirements, Watermark reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.  
 
The Site is only intended for the personal use of individuals residing in the United States. The Site is not intended for business sales or business use. Although the Site may be accessed globally, the Site has been designed to comply with the laws of the United States, and we make no claims or representations that the Site or any of its content is accessible or appropriate outside of the United States. If any material on the Site, or your access or use of the Site, is contrary to the laws of the country where you are when you access it, the Site is not intended for you, and you should not access or use the Site. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
 
4. PRIVACY POLICY

Our Privacy Policy, which describes in detail our online information practices and how we gather, use, share, and protect your information when you use, access, or visit the Site, is incorporated into and made part of these Terms. By accessing or using the Site, you agree to our information collection and use practices as disclosed in our Privacy Policy. You may review our Privacy Policy by clicking on the above link. 

5. SECURITY

We implement reasonable and appropriate security measures to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. By using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that transmissions to or through the Site may be intercepted by others and that we cannot guarantee the security of our databases.

You should take appropriate precautions to protect personal and confidential information, and to use the Site and your devices or applications in a secure and responsible manner. You, not Watermark, are responsible for the security of your devices and your transmission of information over the internet, and if you have any concerns about the transmission of your information over the internet, you should use other means of communication.

6. ELECTRONIC COMMUNICATIONS

You agree to receive invitations, notifications, reminders, and other communications from Watermark (and any of its affiliates or agents) by email, phone, or other method of communication. These communications may include (but are not limited to):

  • Promotional Offers; and
  • Site updates.

By providing your email address, phone number, or other method of communication, you are agreeing to be contacted by or on behalf of Watermark to receive marketing-related information and other operational services. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our electronic communications by following the instructions for unsubscribing contained in the electronic communication. Please note that even if you unsubscribe from commercial electronic communications, we may still email you noncommercial (transactional) electronic communications. 

7. INTELLECTUAL PROPERTY AND LIMITED LICENSE

The Site and the entirety of its contents, features, and functionality, including all Materials (as defined herein) contained in the Site, are owned, controlled, or licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret, and various other intellectual property laws, unless specifically indicated otherwise. The protected Materials include but are not limited to information, software, text, graphics, photographs, videos, logos, buttons, icons, images, interfaces, code, and materials, the look and feel, selection and arrangement, design, and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including all intellectual property and proprietary rights (collectively, “Materials”). No right, title, or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The Watermark name, logos, and all related products and services, brand colors, design marks, and slogans are the trademarks or service marks of Watermark. No trademark or service mark license is granted in connection with the Materials contained within the Site, and no Materials, including Watermark’s trademarks or service marks, may be used without Watermark’s express written permission. Furthermore, if granted permission to use, such trademarks and service marks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Watermark. All other trademarks or service marks not owned by Watermark or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Watermark or its affiliates.
 
Subject to these Terms, Watermark grants you limited, revocable, nontransferable, and nonexclusive permission to access and use the Site only to display the Site on your internet browser and to print or copy portions of the Site solely for your personal, non-commercial use, provided that you retain all copyright and other ownership notices contained on the Materials. You may not, however, distribute, modify, transmit, reuse, report, or develop derivative works from the Materials, or otherwise use the Materials for public or commercial purposes. This includes the use of any text, images, audio, and/or video without express written permission of Watermark. The images of people or places displayed on the Site are either owned by Watermark or are used with permission. The use of these images is prohibited unless specifically permitted by these Terms or specific permission is provided elsewhere. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.

8. ACCEPTABLE USE

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the use of the Site. Watermark reserves the right to deny access to any part of the Site at our sole discretion. Specifically, you agree that you will not:

  1. Use the Site for any purpose in violation of applicable local, state, national, or international laws (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  2. Use the Site or Materials for any political or commercial purpose;
  3. Post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content (as defined herein) or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  4. Post inaccurate or misleading reviews that are not indicative of a personal experience and apply directly to the community upon whose page it is left by the reviewer;
  5. Collect or store Personal Information about other users or stalk or harass another user;
  6. Engage in any activity in connection with the Site or Materials that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, or abusive; inhibits anyone’s use or enjoyment of the Site; may harm us or other users of the Site or expose them to liability; or is otherwise objectionable to Watermark;
  7. Attempt to disable, hack, or otherwise interfere with the proper functioning of the Site;
  8. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real-time activities through the Site;
  9. Harvest, scrape, crawl, spider, reverse engineer, create a derivative work, monitor, copy, or modify any information from the Site or Materials or other services contained in the Site;
  10. Infringe any intellectual property or other right of any third party;
  11. Impersonate or attempt to impersonate another person, including us, our employees, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  12. Avoid, bypass, remove, circumvent, disable, damage, or otherwise interfere with security-related measures or features of the Site, including any measures Watermark may use to prevent or restrict access to the Site, the server on which the Site is hosted or stored, or any server, computer, or database connected to the Site;
  13. Transmit any software or other materials that contain any viruses, worms, Trojan horses, logic bombs, keystroke logging, defects, or other rogue programming or items of a destructive nature;
  14. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  15. Use the Site or Materials in a manner that suggests an unauthorized association with Watermark or any other party, or is beyond the scope of the limited license granted to you;
  16. Change or delete any proprietary notices from materials downloaded or printed out from the Site; 
  17. Advocate, encourage, or assist any third party in doing any of the foregoing; or
  18. Otherwise violate these Terms.

You further agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.

Watermark reserves the right, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or nonroutine maintenance, error correction, or other changes. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.   

9. CONTENT

“Content” means text, images, photos, audio, video, and all other forms of data or communication. You understand that all information, data, or other materials that you and other users of the Site upload, post, transmit, publish, display, or otherwise make available through the Site, including information you share or make available to other users of the Site, are the sole responsibility of you or the person from whom such Content originated.  

“Your Content” means Content that you submit, upload, or transmit to, through, or in connection with the Site such as ratings, reviews, compliments, feedback, and information that you publicly display. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. It is a violation of these Terms to, for example, write a fake or defamatory review, trade reviews with other businesses, or compromise someone or be compensated to write a review. You assume all risks associated with Your Content including anyone’s reliance on its quality, accuracy, or reliability or any disclosure by you of information in Your Content that makes you personally identifiable, and you understand and agree that under no circumstances will we be liable in any way for or related to any of Your Content, including but not limited to any errors or omissions in Your Content and any loss or damage resulting from use or reliance on Your Content. 

You may not imply that Your Content is in any way sponsored or endorsed by Watermark. You also agree not to, and will not assist, encourage, or enable others to access, retrieve, or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews. 

You own Your Content. However, except as otherwise specifically noted in Additional Terms, Your Content is considered and will be treated as nonconfidential, and you hereby grant to Watermark the perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid, and sublicensable right and license to use Your Content in a number of different ways including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works from Your Content in all media formats and channels now known or later developed without compensation to you. Moreover, Watermark may alter or modify Your Content, or remove Your Content from the Site entirely, in its sole discretion and without requiring your permission or notice to you. If you supply or transmit Your Content via the Site, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity. 

You understand and agree that Watermark owns the Watermark Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including but not limited to our compilation of user Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, user Content, and third-party Content. We have no obligation to retain or provide you with copies of Your Content.

10. NOTICE OF AND PROCEDURE FOR COPYRIGHT INFRINGEMENT

Watermark respects others’ intellectual and proprietary rights. In accordance with the Digital Millennium Copyright Act, Watermark has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please send Watermark’s Copyright Agent (identified below) a notice containing the following:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
  2. A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of website where the copyrighted work(s) is/are lawfully published; the name, edition, and page(s) of a book, etc.);
  3. A description of where the material that you claim is/are infringing is/are located on the Site, including the URL, so that Watermark can locate the material;
  4. Your name, address, telephone number, and email address;
  5. A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
  6. A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Copyright Agent 
c/o Watermark Retirement Communities
2020 West Rudasill Road 
Tucson, Arizona 85704
getinfo@watermarkcommunities.com 
520-797-4000

Upon receipt of such notice that substantially complies with the foregoing requirements, Watermark will investigate and remove material if necessary. You will be notified of the results of such investigation.

NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING WATERMARK THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO WATERMARK’S DESIGNATED COPYRIGHT AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE EMAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED CONTACT INFORMATION.
 
12. AVAILABILITY OF SITE

You understand that Watermark cannot guarantee that use of our Site will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or worms. Additionally, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, antivirus protection, and for maintaining a means external to our Site for any reconstruction of any lost data.

13. ACCURACY OF SITE (INCLUDING FUTURE REVISIONS)

While Watermark uses reasonable efforts to include accurate, up-to-date information on the Site, Watermark does not make any representations or warranties as to the Site’s accuracy, integrity, reliability, completeness, or timeliness. Watermark assumes no responsibility or liability for any typographical errors, inaccuracies, or other errors or omissions. Watermark does not warrant or represent that your use of Materials on the Site will not infringe rights of third parties not owned by or affiliated with Watermark, and you assume any such risk associated with your use of the Site.

14. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

You understand and agree that we do not provide any warranty with respect to the Site. Instead, you agree that your use of the Site is at your own risk and that the SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. WATERMARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR TO THE INFORMATION CONTAINED THEREIN, INCLUDING WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, THE MATERIALS, INCLUDING BUT NOT LIMITED TO TEXT, REVIEWS, GRAPHICS, AUDIO, VIDEO, DOWNLOADS, ATTACHMENTS, ICONS, BUTTONS, IMAGES, SERVICES, AND PRODUCTS CONTAINED ON THE SITE. WATERMARK FULLY DISCLAIMS, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES OF ANY KIND RELATING TO ITS SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, WATERMARK DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, TIMELY, SECURE, OR UNINTERRUPTED, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS. WATERMARK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR USEFUL. 

WATERMARK IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WATERMARK OR ITS AFFILIATES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
 
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WATERMARK, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SITE, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES ARISING FROM OR RELATED TO THE OPERATION OF OR YOUR ACCESS AND USE OF THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE WEBSITE THAT RESULT FROM ANY ACT OR OMISSION OF WATERMARK, ITS AFFILIATES, ANY OF WATERMARK’S LICENSORS OR SUPPLIERS, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SITE SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $50.00.

THE ABOVE LIMITATION OF LIABILITY AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION ANY DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUSES; OR (III) FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF WATERMARK, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.

WATERMARK SHALL NOT ASSUME RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR OF YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. WATERMARK ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF THE SITE, AS WELL AS ANY OFF-SITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SITE, FOR ANY ERROR, DEFAMATION, INVASION OF PRIVACY, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. WATERMARK MAY FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING THE DISCLOSURE OF THE IDENTITY OF ANY PERSON POSTING ANY SUCH INFORMATION, CONTENT, OR MATERIALS. 

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you. However, the above limitation shall be applied to the maximum extent permitted by law in those jurisdictions. 

15. LINKS

As a courtesy to you, the Site may offer links to other websites. Some of these websites may be affiliated with Watermark, while others are not. Watermark has not reviewed all other websites which may be linked to the Site, makes no representations about these websites, does not endorse or accept the content or use of any other website or its privacy practices, and is not responsible for the contents of any off-site pages or any other websites linked to the Site. The privacy practices of linked sites could be different from those of Watermark. If you access other websites linked to the Site, you are solely responsible for the access and use of such linked sites. 
 
16. CONFIDENTIAL INFORMATION

DO NOT SEND ANY CONFIDENTIAL INFORMATION OR PATIENT HEALTH INFORMATION TO THE SITE. Any communication or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is and will be treated as non confidential and non proprietary. Anything that you transmit or post to the Site may be used by Watermark or its affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Watermark is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever.

17. TERMINATION

In addition to any other legal or equitable remedies, Watermark may, in our sole discretion, without prior notice to you, and for any reason, suspend, restrict, deny, terminate, or block your access to and use of the Site, in whole or in part, and/or revoke any or all of your other rights granted under these Terms. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ANY FEATURE OR COMPONENT OF THE SITE. Any termination of these Terms shall not affect the respective rights and obligations of the parties arising before the date of termination. Moreover, the provisions of the preamble and Sections 14 (Disclaimers of Warranties and Limitations on Liability), 18 (Indemnity), 19 (Dispute Resolution), and 20 (Applicable Law) will survive any suspension, restriction, limitation, denial, blocking, or termination of access to the Site.

You agree that any violation by you of these Terms will cause irreparable harm to Watermark for which monetary damages would be inadequate, and you consent to Watermark obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Watermark may have at law or in equity.

18. INDEMNITY

You agree to indemnify, defend, and hold harmless Watermark, its subsidiaries and affiliates, and all of their respective agents, officers, directors, owners attorneys, employees, licensors, licensees, representatives, and suppliers from any claim, demand, actions, costs, expenses, liabilities, and losses of any kind (including reasonable attorneys’ fees), whether made by you, on your behalf, or by any third party due to or arising from or in connection with (1) your Content that you submit, post, transmit, or make available through the Site and any misrepresentations made by you; (2) your access to the Site, use of the Site, or connection to the Site; (3) your violation of these Terms or any applicable law, rule, or regulation; (4) your violation of any rights of any third party, including any copyright, trademark, trade secret, or privacy right; or (5) any disputes or issues between you and any third party.

19. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WATERMARK AND LIMITS THE PROCEDURES BY WHICH YOU AND WE CAN SEEK RELIEF. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS, OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HOWEVER, IN ARBITRATION, BOTH YOU AND US WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT. 

Agreement to Arbitrate and Jury Waiver. You and Watermark mutually agree to resolve Disputes (as defined below) with Watermark in arbitration, as set forth in more detail below. Both you and Watermark waive the right to a jury trial on any Disputes, to the fullest extent permitted by law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the Site, use of any cookies, pixels, web beacons, or similar technologies, data or information privacy, sharing, security concerns, incidents, or breaches, or these Terms, including any past, currently pending, existing, or future Disputes of any kind. “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by or against Watermark employees related to the terms or conditions of their employment, individual actions brought in small claims court for disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. 

Class Action Waiver. To the maximum extent allowed by applicable law, you and Watermark agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and Watermark each waive any right to pursue claims on a class, collective, non individual, mass, or consolidated basis or in a representative proceeding. Unless both you and Watermark agree otherwise, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.

Pre-Arbitration Notice and Good Faith Negotiations. You and Watermark also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by Watermark will be sent to you at your last known street and email addresses on file, and notice by you to Watermark will be sent by mail to 2020 West Rudasill Road. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the Site, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a Watermark employee, as applicable, depending on which party is initiating the Dispute. You and Watermark then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.

Arbitration Procedures. To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service or administrator and to instead serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. The arbitrator will be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may use an arbitrator from the lists of court-approved neutrals listed on the website for the U.S. District Court for the District of Arizona (https://www.azd.uscourts.gov/) or another mutually agreed-upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5 if the parties cannot agree. The arbitration will be conducted in Pima County; your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential to Watermark and you, and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Terms. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or Watermark and only to the extent necessary to provide the relief warranted by your or Watermark’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Except as modified by these Terms, the parties agree to conduct their arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), available here. 

Mass Arbitration. WITHOUT LIMITING ANY OTHER PROVISION IN THIS SECTION 19 (DISPUTE RESOLUTION), YOU AND WATERMARK AGREE THAT, IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.

For purposes of this provision, “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other. 

In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, you and Watermark agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, you and Watermark agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Section 19 (Dispute Resolution). 

You and Watermark agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration. To the extent a dispute arises regarding the administration of a Mass Arbitration, including, but not limited to, whether any conditions precedent have been satisfied or the advancement of fees, you and Watermark agree to the appointment of a Process Arbitrator pursuant to the Mass Arbitration Supplementary Rules of the AAA, available here.

If the arbitration provider is unwilling or unable to follow the procedures set forth in this provision with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable, and widely recognized arbitration organization that will agree to follow the procedures set forth herein. In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in these Terms shall not apply to those demands within the Mass Arbitration. 

If this Mass Arbitration provision is found to be unenforceable in its entirety, then the entirety of this Section 19 (Dispute Resolution) arbitration provision shall be null and void. However, if only a portion of this Mass Arbitration provision is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of this Section 19 (Dispute Resolution), including the Agreement to Arbitrate, shall be enforced to the maximum extent permitted by law. 

Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the District of Arizona. For individual damages claims with less than $25,000 at issue, Watermark will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.

Federal Arbitration Act. These Terms affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms.

Forum Selection. For any dispute not subject to arbitration, you and Watermark agree to proceed in state and federal courts covering Tucson, Arizona, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. If Watermark does not enforce any rights under these Terms at any point, it will not be deemed a waiver of any provision or right under these Terms.

Limitation of Time To File Claims. Any action, claim, or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

20. APPLICABLE LAW

The Site is created and controlled by Watermark in the State of Arizona, USA. As such, the laws of the State of Arizona shall apply to these Terms without giving effect to any principles of conflicts of laws, except for the Dispute Resolution provision in Section 19 above. 

21. GENERAL INFORMATION

Severability. If any provision of these Terms is found to be unenforceable or invalid for any reason, it will be so held to the minimum extent required by law or removed from the Terms, and except as set forth in Section 19 (Dispute Resolution), all other parts of these Terms are still valid and enforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.
 
Assignment. Watermark may assign or transfer its rights and obligations in the Site, or under these Terms, to any company or person at any time, without restriction, and without prior notice. You may not assign or transfer any rights or obligations to anyone without specific, prior, written consent by Watermark.
 
Entire Agreement. These Terms constitute the entire agreement between you and Watermark with regard to your access to and use of the Site and our content and services. These Terms supersede all other agreements, communications, or representations, oral or written, between us, past or present. 
 
No Waiver. The failure of Watermark to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. Neither the receipt of any funds by Watermark nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Watermark shall have any legal effect.
 
Titles. The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever.

22. CONTACT INFORMATION

Please send any notices, questions, comments, or concerns regarding the Site or Terms (other than notifications of claimed copyright infringement) to:

Watermark Retirement Communities
2020 West Rudasill Road 
Tucson, Arizona 85704
getinfo@watermarkcommunities.com 
520-797-4000