1. Acceptance of these terms
These Terms of Service (the “Terms”) are a legal agreement between you and Poseidon Solutions, LLC, a Florida limited liability company doing business as Poseidon Solutions (“Poseidon Solutions,” “we,” “our,” or “us”). They govern your use of the Poseidon Solutions real estate portal at portal.poseidonkingdom.com and any associated pages or features (collectively, the “Site”). By using the Site, submitting a form, or creating an agent account, you agree to these Terms. If you do not agree, do not use the Site.
2. What the Site is
The Site lets a visitor enter a U.S. zipcode and view a water- quality report assembled from public datasets — the U.S. Environmental Protection Agency's Safe Drinking Water Information System (SDWIS) and the Environmental Working Group's Tap Water Database — and, if they choose, request a follow-up from Poseidon Solutions about residential water services. Builder partners may apply to participate in the Poseidon Solutions Builder Partnership Program, which provides them with a branded referral link and a dashboard of resulting inquiries.
3. What the Site is not
The Site is informational. It does not provide medical advice, legal advice, real estate advice, environmental consulting, or engineering recommendations, and nothing on it should be treated as such. The water-quality reports describe what utilities and independent databases have reported about public water systems. They do not measure the water actually coming out of any particular tap, and they are not a substitute for a sample collected and tested at the address in question. Poseidon Solutions is not a public water utility, a state or federal regulator, or a certified testing laboratory.
4. Accounts (builder partners only)
Visitors who only request a water report do not have an account. Builder partners who are accepted into the Real Estate Program receive an account. You are responsible for keeping your account credentials secure, for everything that happens under your account, and for the accuracy of the information you provide about yourself and your licensure. Sharing your credentials with anyone who is not authorized to act on your behalf, or impersonating another agent, is grounds for immediate termination. Notify us at kenneth@waterbyposeidon.com if you suspect unauthorized access.
5. Acceptable use
You agree that you will not:
- Scrape, crawl, harvest, or systematically download the Site or any data on it without our written permission.
- Interfere with, probe, or attempt to circumvent the security or rate limits of the Site or its APIs.
- Use the Site to send unsolicited commercial messages or to collect contact information for marketing not authorized by the person whose contact information it is.
- Impersonate another person, builder partner, brokerage, or entity, or misrepresent your affiliation with any of them.
- Submit information that is false, misleading, defamatory, or that infringes anyone else's rights.
- Use the Site in violation of any applicable law, including state real estate licensing and advertising laws.
We may, at our discretion, remove content, suspend or terminate accounts, or restrict access to the Site for violations of this section.
6. Intellectual property
The Site — including its design, code, copy, brand, trademarks, and original content — is owned by Poseidon Solutions, LLC. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Site for its intended purpose. That license does not include any right to copy, redistribute, modify, or create derivative works of the Site without our written permission.
Underlying water-quality data is sourced from public datasets: the U.S. EPA Safe Drinking Water Information System (a public federal database) and the Environmental Working Group's Tap Water Database (used in accordance with EWG's public terms). Source attributions are visible on every report.
Builder partners in the Builder Partnership Program retain ownership of their name, likeness, and brokerage marks, and grant Poseidon Solutions a limited license to use those marks on their branded referral pages and dashboards for the duration of their participation.
7. Water-quality data — accuracy and limits
Water-quality reports on this Site are assembled from third-party sources. We do our best to present those sources faithfully, but we do not guarantee that the underlying data is current, complete, accurate, or applicable to any particular address. Utilities update their filings on schedules we do not control. Small private wells and very small water systems may not appear in the federal database at all. Water that leaves a treatment plant clean can pick up contaminants in the distribution system, in the service line, or in household plumbing before it reaches a tap. Use the report as a starting point, not as a substitute for direct water testing at the address in question.
8. Real estate disclosures (read this if you're an agent)
The Site is a marketing and informational tool. It is not a substitute for any disclosure that a seller, listing agent, or buyer's agent is required to make under state law. Several states require sellers to disclose known water-quality issues, and some require additional notices in transactions involving private wells or known contamination. The fact that a water-quality report was generated for a buyer through the Site does not satisfy any of those obligations, and agents participating in the Builder Partnership Program agree not to represent that it does.
9. Disclaimer of warranties
The Site and the reports are provided “as is” and “as available,” without warranty of any kind, express or implied. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty arising out of course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, error-free, or that any report is accurate or current.
10. Limitation of liability
To the maximum extent permitted by law, Poseidon Solutions, LLC and its officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, business opportunities, goodwill, or use, arising out of or in connection with the Site or any report, whether based on contract, tort, statute, or any other legal theory, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Site will not exceed the greater of one hundred U.S. dollars (US$100) or the total amount you have paid Poseidon Solutions, LLC in the twelve (12) months preceding the claim. (For most visitors, no money changes hands; that is the cap.)
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the above limitations apply to the maximum extent the law allows.
11. Indemnification
You agree to defend, indemnify, and hold harmless Poseidon Solutions, LLC and its officers, employees, and contractors from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) your misuse of the Site, or (c) your violation of any law or of the rights of any third party.
12. Suspension and termination
We may suspend or terminate your access to the Site, or any Builder Partnership Program account, at any time and for any reason, including violations of these Terms. The sections of these Terms that by their nature should survive termination — intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — will survive.
13. Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The federal and state courts located in Florida have exclusive jurisdiction over any dispute that is not subject to arbitration (see below).
14. Disputes
We would rather solve a problem than litigate one. Before filing anything, please email kenneth@waterbyposeidon.com with a written description of the issue and what you would like us to do about it. We will respond within 30 days.
If the dispute is not resolved within 60 days of that email, either party may bring it in the courts identified above. You agree to bring any claim against us in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
15. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will post the updated Terms here with a new effective date and, where reasonable, give notice through the Site. Your continued use of the Site after a material change takes effect constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms: kenneth@waterbyposeidon.com.
Poseidon Solutions, LLC — operator of this portal.