OpenWater Group
Effective Date: April 9, 2026
We are OpenWater Group Inc., a Delaware corporation (“OpenWater Group,” “we,” “us,” or “our”). We operate OpenWater, a curated professional community of experienced business professionals where wisdom meets opportunity (“OpenWater”).
This Membership Agreement (“Agreement”), together with the policies incorporated by reference, is the complete agreement between you and OpenWater Group regarding your membership (“Membership”). By accepting Membership, you agree to be bound by this Agreement.
Important Notices
Automatic Renewal: Your Membership renews automatically for successive one-year terms unless you cancel before renewal under Section 7. If an Annual Fee applies at the time of renewal, you will be charged at the then-current rate.
Arbitration: Section 20 requires most disputes to be resolved by binding individual arbitration rather than in court. By agreeing to this Agreement, you and OpenWater Group waive the right to a jury trial and, to the maximum extent permitted by law, the right to participate in a class action or representative proceeding.
Assumption of Risk and Liability Release: Section 9 contains an assumption of risk and release of liability for Events and in-person activities. Please review it carefully.
We take data privacy seriously. Our Privacy Policy at /privacy-policy/ explains how we collect, use, and protect your personal information. The Privacy Policy is incorporated into this Agreement. By accepting Membership, you acknowledge that you have reviewed (or had the opportunity to review) the Privacy Policy and consent to the data practices described in it.
OpenWater is a curated community. Membership is by application or nomination and is granted at OpenWater Group's sole discretion. Not all applicants will be accepted. OpenWater Group may establish and modify membership criteria, application procedures, and acceptance standards at any time without notice.
This Agreement makes you a member of OpenWater (a “Member”). Your Membership is personal to you. You may not transfer, share, or assign it to anyone else.
Membership may include opportunities to expand your professional network, participate in private events and curated programming (including AI reskilling programs, Mastermind Forums, and workshops), access local chapters, use our members-only platform, and connect with other accomplished professionals. All Membership features, benefits, events, and programs are offered at OpenWater Group’s discretion and may be modified, added, suspended, or discontinued at any time without notice or liability.
Website. The OpenWater website at openwater.group (the “Site”) is publicly accessible. Your use of the Site is governed by our Terms of Service at /terms-of-service/, which is incorporated into this Agreement.
Platform License. During your Membership, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to access and use our members-only platform (the “Platform”), solely for your own personal and professional networking purposes. You may not sublicense this right to anyone. Your access to the Platform ends when your Membership terminates or expires.
Prohibited Uses. You may not: (a) use the Site or Platform for any purpose other than personal, professional networking as contemplated by this Agreement; (b) copy, scrape, harvest, crawl, index, or systematically retrieve any data, content, member information, or other material from the Site or Platform, whether manually or through automated means (including bots, scripts, spiders, or similar tools); (c) use the Site, Platform, or any member information to compete with OpenWater or to solicit Members for outside commercial purposes; (d) reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of the Site or Platform; (e) share, redistribute, or make available any content, data, or materials from the Platform to any non-Member or third party; or (f) circumvent, disable, or interfere with any security, access control, or technical protection features of the Site or Platform. Any violation of these restrictions is grounds for immediate termination of your Membership and may result in legal action.
OpenWater may charge an annual fee for Membership (the “Annual Fee”), although Membership may be offered at no cost from time to time. The current Annual Fee, if any, is posted at https://openwater.group/membership/.
If an Annual Fee is in effect, it is due in advance when you first accept Membership and on each renewal date. OpenWater may introduce, change, waive, or reinstate the Annual Fee at its discretion. We will give you at least 30 days’ advance written notice before any fee increase takes effect for your next renewal.
If you do not pay a required Annual Fee when due, we may suspend, restrict, or terminate your Membership and Platform access immediately and without further notice, to the extent permitted by law.
You will create login credentials to access the Platform. You are responsible for keeping your credentials confidential and for all activity that occurs under your account, whether or not you authorized it. Do not share your credentials with anyone. If you suspect unauthorized use of your account, notify us immediately at community@openwater.group. Until you notify us, you remain responsible for any actions taken through your account.
We reserve the right to reclaim, disable, or reassign any username or account identifier at any time if we determine, in our sole discretion, that it is inappropriate, misleading, inactive, or otherwise objectionable.
To maintain your Membership, you must follow our Code of Conduct at /code-of-conduct/ and our Terms of Service at /terms-of-service/. Both are incorporated into this Agreement. If there is a conflict between this Agreement and the Terms of Service or Code of Conduct, this Agreement controls.
OpenWater Group determines compliance with these standards in its sole discretion. Failure to comply may result in suspension or termination of your Membership.
Initial Term. Your Membership begins on the date we accept you and continues for one year (the “Initial Term”).
Automatic Renewal. Unless you cancel before your renewal date, your Membership automatically renews for successive one-year terms (each a “Renewal Term”). If an Annual Fee applies at renewal, you will be charged at the then-current rate.
How to Cancel. You may cancel your Membership at any time before renewal by emailing community@openwater.group or by using any online cancellation method we make available through the Site or Platform. Your cancellation takes effect at the end of the current Term, and your Membership remains active until then.
Refunds. If you cancel your Membership, fees already paid are non-refundable. If OpenWater Group terminates your Membership solely for its own business convenience (for example, because OpenWater Group discontinues the Membership program entirely), and not for any reason related to your conduct, compliance, payment, or any other factor within your control, you will receive a pro-rata refund of any prepaid Annual Fee for the unused portion of your current Term. In all other cases, including termination for breach, nonpayment, misconduct, or any exercise of OpenWater Group’s discretionary termination rights under this Agreement, fees are non-refundable. Except as set forth in this paragraph or as required by applicable law, OpenWater Group has no obligation to provide any refund, credit, or prorated reimbursement.
Our Right to Terminate. OpenWater Group may suspend, restrict, or terminate your Membership, your access to the Site or Platform, or your participation in any OpenWater activity at any time, with or without notice, for breach of this Agreement or any incorporated policy, nonpayment, suspected fraud, misconduct, risk to the community, legal or regulatory reasons, or any other lawful reason.
Changes to Membership. OpenWater Group may modify, suspend, discontinue, or limit any aspect of Membership, the Platform, the Site, or any feature, benefit, event, program, or service at any time, with or without notice, and without liability.
Auto-Renewal Compliance. Where required by applicable law (including California’s Automatic Renewal Act and similar state laws), OpenWater Group will provide clear and conspicuous auto-renewal terms, cancellation information, annual reminders, and advance notices of material changes in a form you can retain. If you enroll online, we will make an online cancellation method available to the extent required by law. By accepting this Agreement, you expressly consent to the automatic renewal feature and any associated charges.
OpenWater is built on trust. Members regularly share sensitive professional information in Mastermind Forums, networking sessions, and other programs. You agree to keep confidential all non-public information shared by other Members or by OpenWater Group through the Platform, events, or programming (“Confidential Information”). This includes business strategies, career situations, financial details, proprietary ideas, and any other information that a reasonable person would understand to be confidential based on the context in which it was shared.
You will not disclose, share, publish, or use Confidential Information for any purpose other than your participation in OpenWater, unless the disclosing party gives written consent. This obligation does not apply to information that is publicly available through no fault of yours, that you already knew before it was shared in OpenWater, or that you are required to disclose by law (provided you give reasonable notice to the disclosing party where legally permitted).
Breach of this confidentiality obligation is grounds for immediate termination of your Membership and may result in legal action, including injunctive relief without the need for prior informal dispute resolution. This obligation survives the termination of your Membership indefinitely.
OpenWater hosts and facilitates events including the OpenWater Summit, local chapter gatherings, dinners, salons, workshops, AI Bootcamps, speed networking sessions, and other programming, whether in-person, virtual, or hybrid (“Events”). By registering for, attending, or participating in any Event, you acknowledge and agree to all of the following:
Voluntary Participation. Your attendance and participation in any Event is entirely voluntary. OpenWater Group does not require you to attend any Event as a condition of Membership.
Assumption of Risk. You knowingly and voluntarily assume all risks associated with your attendance and participation in Events, whether foreseeable or not. These risks include, but are not limited to: risks related to travel to and from the Event; exposure to illness, communicable disease, or environmental conditions; physical injury or property damage at or near the Event venue; food and beverage service (including allergic reactions); interactions with other attendees, speakers, staff, or third parties; theft or loss of personal property; venue conditions, weather, and acts of nature; and any other risk inherent in attending gatherings, conferences, workshops, or social events. You acknowledge that this assumption of risk applies to the fullest extent permitted by applicable law.
Release of Claims. To the maximum extent permitted by applicable law, you voluntarily and irrevocably release, waive, and discharge OpenWater Group, its officers, directors, employees, agents, affiliates, successors, volunteers, sponsors, partners, and each of their respective representatives (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) of any kind, whether known or unknown, foreseeable or unforeseeable, arising from or related to your attendance or participation in any Event. This release includes, without limitation, claims for personal injury, property damage, illness, emotional distress, or death, except to the extent caused by the Released Parties’ gross negligence or willful misconduct, or to the extent such release is prohibited by applicable law.
Third-Party Vendors and Services. Events may involve services provided by third parties, including venues, caterers, transportation providers, technology platforms, speakers, and other vendors. OpenWater Group does not control, endorse, or guarantee the quality, safety, suitability, or reliability of any third-party service at an Event. You agree that any claims related to third-party services at Events are between you and the applicable third party, and that the Released Parties have no liability for the acts, omissions, negligence, or defaults of any third-party vendor or service provider.
Health and Fitness. You represent that you are physically and mentally able to participate in the Events you attend. You are solely responsible for assessing your own fitness to participate in any Event activity. OpenWater Group is not responsible for any health-related incident, injury, or medical condition that arises during or as a result of your participation in an Event. You agree to follow any health and safety guidelines, protocols, or requirements that OpenWater Group or Event venues may establish.
Event Modifications and Cancellations. OpenWater Group reserves the right to cancel, postpone, relocate, modify the format of, or change any aspect of any Event at any time, for any reason, with or without notice, and without liability. This includes changes to speakers, programming, schedule, venue, capacity, or format (such as converting an in-person Event to a virtual one). In the event of cancellation by OpenWater Group, our sole obligation (if any) is to refund any Event-specific registration fee you paid directly to OpenWater Group, less any non-recoverable costs already incurred. OpenWater Group is not liable for any travel, accommodation, or other expenses you incur in connection with any Event, regardless of whether the Event proceeds as planned.
Event-Specific Terms. Certain Events (such as the Summit or paid workshops) may have additional terms, including separate registration, ticketing, cancellation, and refund policies. Those terms will be provided at the time of registration and are incorporated into this Agreement. In the event of a conflict between this Agreement and any Event-specific terms, this Agreement controls unless the Event-specific terms expressly state otherwise.
Conduct at Events. The Code of Conduct applies at all Events. OpenWater Group may remove any attendee whose behavior violates the Code of Conduct, creates a safety concern, or disrupts an Event, in its sole discretion and without refund or liability.
Waiver of Unknown Claims. If you are a California resident, you expressly waive California Civil Code Section 1542, which provides that a general release does not extend to claims the releasing party does not know or suspect to exist at the time of the release, as it applies to this Section 9. If you reside in another state with a similar provision, you waive that provision to the maximum extent permitted by law as it applies to this Section 9.
OpenWater may photograph, record, livestream, or otherwise capture your image, voice, likeness, and statements at Events and through the Platform (“Media”). By participating, you grant OpenWater Group a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and create derivative works from such Media for promotional, marketing, editorial, and operational purposes, in any format or medium now known or later developed. You waive any right to inspect or approve the use of such Media and any claim for compensation related to such use.
If you do not wish to be photographed or recorded at a specific Event, notify us in writing at community@openwater.group before the Event, and we will make reasonable efforts to accommodate your request. However, OpenWater Group cannot guarantee the complete exclusion of your image or likeness from all Event media, particularly in group settings.
You are solely responsible for your interactions with other Members and with anyone you connect with through OpenWater. We do not control, endorse, verify, screen, or accept responsibility for any Member’s actions, statements, conduct, qualifications, background, or reliability. OpenWater Group does not conduct background checks on Members and makes no representations about any Member’s character, expertise, or trustworthiness.
If you have a dispute with another Member or third party, you release the Released Parties (as defined in Section 9) from any and all claims, demands, damages, losses, liabilities, costs, and expenses of every kind, whether known or unknown, foreseeable or unforeseeable, arising from or connected with that dispute, except to the extent caused by OpenWater Group’s gross negligence or willful misconduct.
If you are a California resident, you expressly waive California Civil Code Section 1542, which provides that a general release does not extend to claims the releasing party does not know or suspect to exist at the time of the release. If you reside in another state with a similar provision, you waive that provision to the maximum extent permitted by law.
OpenWater Group and its licensors own all rights in OpenWater, the Site, the Platform, and all related content, data, software, trademarks, service marks, logos, trade dress, copyrights, and other intellectual property (collectively, “OpenWater IP”). Except for the limited license in Section 3, no rights in OpenWater IP are granted to you by implication, estoppel, or otherwise. All rights not expressly granted are reserved.
You may not reproduce, copy, distribute, publish, display, modify, create derivative works from, sell, license, or exploit any OpenWater IP without our prior written consent. You may not use any OpenWater trademark, logo, or brand element in any manner without our prior written approval. Any unauthorized use of OpenWater IP constitutes a material breach of this Agreement and may result in immediate termination of your Membership, in addition to any other remedies available at law or in equity.
You may post or share content on the Platform (“Member Contributions”), including text, photos, videos, comments, profile information, or other material. You are solely responsible for your Member Contributions.
Your Representations. By submitting any Member Contribution, you represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to submit it and to grant the license below; (b) it does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any other rights; (c) it does not contain anything unlawful, defamatory, harassing, threatening, obscene, or otherwise objectionable; and (d) it does not contain viruses, malware, or other harmful code. You agree to indemnify OpenWater Group for any breach of these representations. The indemnity in this Section 13 is in addition to, and does not limit, your indemnification obligations under Section 16.
License You Grant Us. You grant OpenWater Group a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, reproduce, modify, adapt, create derivative works from, publish, display, distribute, and use your Member Contributions in any media for any purpose (“Member Contribution License”). This means we may publish your contributions on the Platform or third-party channels, use them in marketing, modify or aggregate them, and create derivative works from them, all without compensation to you.
Our Moderation Rights. We may reject, remove, or delete any Member Contributions at any time, for any reason or no reason, including if we believe they may violate this Agreement, the Code of Conduct, applicable law, or the interests of the community. We have no obligation to review, monitor, use, or respond to your contributions, and we are not liable for any failure to remove objectionable content.
Anonymized Data. We may anonymize, de-identify, or aggregate your Member Contributions. Once processed in this way, that material is no longer considered a Member Contribution under this Agreement and may be used by OpenWater Group without restriction.
We are not responsible for any Member’s or third party’s misuse, copying, or disclosure of content made available through the Platform.
What this means: We may use anonymized and aggregated information about our membership for business purposes, but we will never publicly identify you without your consent except as described in Section 10 (Media Release).
In addition to the rights described in Section 13 (Member Contributions) and our Privacy Policy, you acknowledge and agree that OpenWater Group may collect, compile, analyze, and use data and information relating to your Membership, including profile information, demographic data, professional background, participation history, engagement patterns, survey responses, and other data you provide or that is generated through your use of the Platform and participation in OpenWater (“Member Data”).
OpenWater Group may anonymize, de-identify, and aggregate Member Data, and may use such anonymized and aggregated data for any lawful business purpose without restriction or obligation to you. These purposes include, but are not limited to: research and analysis; reports, publications, and white papers; marketing and promotional materials; presentations to current or prospective corporate partners, sponsors, and investors; product development and improvement; benchmarking and industry insights; and any other purpose that supports the OpenWater community or OpenWater Group’s business.
For example, OpenWater Group may publish statements such as the composition of its membership by seniority, industry, or geography, or insights about career transition patterns among experienced professionals, provided that such disclosures do not identify you personally without your separate consent.
Once Member Data has been anonymized, de-identified, or aggregated, it is no longer considered personal information for purposes of this Agreement and may be retained and used indefinitely. Your consent to the use of Member Data as described in this Section 14 is a condition of Membership and survives termination of your Membership. OpenWater Group’s collection and use of your personal information (before anonymization or aggregation) remains governed by our Privacy Policy.
OpenWater Group may send you service-related communications (account updates, billing, renewal notices, security alerts, and legal notices) that you cannot opt out of. We may also send newsletters, event announcements, and promotional materials to the extent permitted by law. You consent to receive these communications electronically. It is your responsibility to keep your contact information current. OpenWater Group is not liable for any consequence of communications sent to an outdated or incorrect address you provided.
What this means: If your actions cause a legal problem for OpenWater Group, you agree to cover our costs.
You agree to defend, indemnify, and hold harmless the Released Parties (as defined in Section 9) from any and all claims, demands, damages, losses, liabilities, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or related to: (a) your use of the Site, Platform, or Membership; (b) your breach of this Agreement or any incorporated policy; (c) your Member Contributions; (d) your violation of any third party’s rights; (e) your attendance at or participation in any Event; (f) your breach of the confidentiality obligations in Section 8; (g) any misrepresentation by you; or (h) your violation of applicable law.
OpenWater Group reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with OpenWater Group’s defense of any such claim. You will not settle any claim that would impose liability or obligation on OpenWater Group without our prior written consent. This obligation survives termination of your Membership.
What this means: We provide OpenWater as-is and do not guarantee specific results from your Membership.
To the maximum extent permitted by law, OpenWater, the Site, the Platform, all Membership benefits, all Events, and all content, services, programs, and materials provided by or through OpenWater Group are provided on an “as is,” “as available,” and “with all faults” basis. OpenWater Group disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, and quiet enjoyment. OpenWater Group does not warrant that the Site, Platform, Events, or any Membership feature will be uninterrupted, error-free, secure, or free of viruses or harmful components, or compatible with your systems or expectations. OpenWater Group does not guarantee any business, employment, networking, referral, revenue, or other opportunity or result from your Membership or participation in OpenWater.
What this means: Our financial liability to you is capped at the fees you’ve paid us in the past 12 months, or $100, whichever is greater.
To the maximum extent permitted by law, the Released Parties (as defined in Section 9) will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, data, goodwill, reputation, or business opportunity, arising from this Agreement, the Site, the Platform, any Event, any Member interaction, any Member Contribution, or your Membership, regardless of the theory of liability and even if advised of the possibility of such damages.
The Released Parties’ total aggregate liability arising from this Agreement, the Site, the Platform, OpenWater, any Event, or your Membership will not exceed the greater of: (a) the total Annual Fees actually paid by you to OpenWater Group during the 12 months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00). These limitations apply to the fullest extent permitted by law, whether liability arises in contract, tort, negligence, strict liability, or any other theory, and even if any limited remedy fails of its essential purpose. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law.
This Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws principles. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs Section 20 and any arbitration under it.
If any claim is permitted to proceed in court under this Agreement (including actions to compel arbitration or confirm an arbitration award), that proceeding must be brought exclusively in the state courts in San Mateo County or San Francisco County, California, or in the federal courts serving those counties, as chosen by OpenWater Group. You irrevocably consent to the personal jurisdiction and venue of these courts and waive, to the maximum extent permitted by law, any objection based on improper venue, inconvenient forum, or forum non conveniens.
Please read this section carefully. It requires most disputes to be resolved by binding individual arbitration rather than in court.
(a) What’s Covered. Except as stated below, any dispute, claim, or controversy arising from or relating to your Membership, the Site, the Platform, any Event, this Agreement, or the relationship between you and OpenWater Group (a “Dispute”), whether based in contract, tort, statute, or any other theory, and whether arising before, on, or after the effective date of this Agreement, will be resolved exclusively by final and binding individual arbitration.
(b) Exceptions. Either party may: (i) bring an individual claim in small claims court if it qualifies and stays there; or (ii) seek injunctive or equitable relief in court for actual or threatened infringement of intellectual property rights, confidentiality obligations, data security obligations, or misuse of the Site, Platform, or OpenWater’s systems, content, brand, or member information.
(c) Try to Work It Out First. Before filing for arbitration, the party with a Dispute must send written notice to the other party describing the issue and the relief sought. The parties will attempt in good faith to resolve the Dispute informally for at least 30 days. Either party may seek immediate injunctive relief under (b)(ii) without completing this process.
(d) Arbitration Rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules, except as modified by this Agreement. If the AAA is unable or unwilling to administer, OpenWater Group may designate another nationally recognized administrator.
(e) Arbitrator. A single neutral arbitrator will be selected under the applicable AAA rules. The arbitrator (not any court) has exclusive authority to resolve all issues about the interpretation, enforceability, and formation of this Section 20, to the fullest extent permitted by law.
(f) Location. The seat of arbitration is San Mateo County or San Francisco County, California, as chosen by OpenWater Group. OpenWater Group may elect for proceedings to be conducted remotely, by documents only, or by other non-appearance method permitted by the arbitrator and applicable rules.
(g) Discovery and Procedures. The arbitrator will allow only the discovery reasonably necessary for fair and efficient resolution. The arbitrator may impose page limits, deadlines, hearing time limits, confidentiality protections, and other procedural controls.
(h) Fees and Costs. Each party bears its own attorneys’ fees and costs unless applicable law or the arbitrator requires otherwise. Filing fees, administrative fees, and arbitrator compensation are allocated under the applicable AAA rules. To the extent consumer arbitration rules apply, OpenWater Group pays only what those rules require of it, and you pay only what those rules permit to be charged to you.
(i) No Class Actions. To the maximum extent permitted by law, you and OpenWater Group waive any right to a jury trial. All Disputes must be brought individually, not as a plaintiff or class member in any class, collective, consolidated, coordinated, mass, or representative action or proceeding. The arbitrator has no authority to consolidate claims of different persons or to preside over any form of class, collective, or representative proceeding, except as applicable law requires.
(j) Batch Arbitration. If 25 or more substantially similar Disputes are filed against OpenWater Group by the same or coordinated counsel, OpenWater Group may require that they be administered in staged batches or other streamlined procedures permitted by the administrator or arbitrator.
(k) Award. The arbitrator may award any relief available under applicable law on an individual basis only. The award is final and binding. Judgment may be entered in any court of competent jurisdiction.
(l) Survival. This Section 20 survives the termination or expiration of this Agreement and your Membership.
You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. Any attempted assignment without consent is void. OpenWater Group may freely assign, delegate, or transfer this Agreement, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, financing, restructuring, reorganization, asset sale, or other corporate transaction. Upon any such assignment, the assignee assumes all of OpenWater Group’s rights and obligations under this Agreement.
If any provision of this Agreement is found invalid or unenforceable, it will be enforced to the maximum extent permitted by law and modified or severed only to the minimum extent necessary so the rest of the Agreement remains in full force. If any part of Section 20 is held unenforceable as to a particular claim, that claim may proceed in court, but the remainder of Section 20 stays enforceable.
Your Membership is a contractual relationship only. It does not create any fiduciary, agency, partnership, joint venture, employment, franchise, or ownership relationship between you and OpenWater Group. Being a “Member” is a community designation and does not give you any equity, governance, voting, inspection, profit-sharing, or similar rights in OpenWater Group or any affiliate.
If your Membership ends for any reason, your access to the Platform and your account will be deactivated. OpenWater Group may, but is not required to, retain your account data, profile information, and Member Contributions as permitted by our Privacy Policy and applicable law, including for legal compliance, dispute resolution, enforcement of this Agreement, and internal record-keeping purposes. We are not obligated to return, export, or delete your data except as required by applicable law. If you wish to request a copy of your personal information or request deletion, please refer to our Privacy Policy for instructions. We recommend making any such request before your Membership ends.
For clarity, OpenWater Group’s rights under Section 13 (Member Contributions), Section 14 (Use of Member Data), and Section 10 (Media Release) survive termination of your Membership and are not affected by the deactivation of your account.
By accepting this Agreement, you represent, warrant, and confirm that:
You are at least 18 years old and have the full legal capacity and authority to enter into this Agreement.
All information you provide to OpenWater Group is and will remain true, accurate, current, and complete, and you will promptly update it as necessary.
Your conduct, Member Contributions, and use of the Platform will not violate this Agreement, the Code of Conduct, the Terms of Service, applicable law, or any third party’s rights.
You will comply with all applicable laws and regulations in connection with your Membership.
You have read, understood, and agreed to this Agreement.
OpenWater Group may rely on these representations and warranties. Any breach may result in immediate suspension or termination of your Membership and any other remedies available at law or in equity.
By accepting this Agreement, you acknowledge that:
Your Membership may automatically renew under Section 7.
You consent to receive electronic communications from OpenWater Group under Section 15.
You agree to the dispute resolution and arbitration terms in Section 20.
You agree to the assumption of risk and release of liability in Section 9.
You consent to the use of your anonymized and aggregated data under Section 14.
This Agreement, together with the policies and terms incorporated by reference, is the entire agreement between you and OpenWater Group regarding your Membership and supersedes all prior or contemporaneous discussions, understandings, representations, or agreements on that subject, whether written or oral.
OpenWater Group may update this Agreement from time to time. Updates take effect upon posting or as otherwise communicated to you, to the extent permitted by applicable law. Your continued Membership or use of the Site or Platform after an update constitutes your acceptance of the updated terms. Where required by applicable law, we will provide advance notice of material changes. If you do not agree to an update, your sole remedy is to cancel your Membership in accordance with Section 7.
No failure or delay by OpenWater Group in exercising any right or remedy under this Agreement will operate as a waiver of that right or remedy. A waiver of any provision on one occasion does not constitute a waiver of that provision on any other occasion or a waiver of any other provision.
OpenWater Group will not be liable for any failure or delay in performing its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including natural disasters, acts of God, pandemics, epidemics, government actions, war, terrorism, riots, labor disputes, utility or telecommunications failures, cyberattacks, or other force majeure events.
Headings are for convenience and do not affect meaning. “Including” means “including without limitation.” Any ambiguity in this Agreement will not be construed against OpenWater Group as the drafter. This Agreement may be presented and accepted electronically, and electronic acceptance constitutes a binding agreement with the same force as a physical signature.
For questions about this Agreement or your Membership:
OpenWater Group Inc.
131 Continental Dr. Suite 305, Newark, DE 19713
Email: community@openwater.group
Web: https://openwater.group
This Agreement is a legally binding contract. OpenWater Group recommends that you review it carefully. If you have questions, consult with an attorney before accepting.