The Western-Water web site located at http://www.western-water.com (the “Site”) is provided by LegalTech (LegalTech, its owners, affiliates, contractors, successors and assigns hereinafter collectively referred to as “Site Owner”), and is subject to your compliance with the terms and conditions set forth below. For ease of reference, “the Site” may include the Site and the Site Owner, its successors, representative and assigns. The policies, disclaimers, terms, conditions and privacy statement set forth on this page are referred to as “the Agreement” or “this Agreement,” as the case may be.
NO LEGAL OR TECHNICAL ADVICE PROVIDED; FAIR USE AND LINK DECAY.
The news, calculators and other materials contained within the Site are available for informational purposes. These materials do not constitute, and should not be considered, legal advice or technical advice. You are urged to consult with an attorney on your own specific legal matters. As to technical matters, you are advised to consult with an engineer, hydrologist or other specialist for assistance.
News stories are based on press releases, news videos and other published sources.
FAIR USE NOTICE. This site might contain some copyrighted material, the use of which has not always been specifically authorized by the copyright owner. We make such material available in an effort to advance awareness and understanding of issues relating to religion, church and state, politics and spirituality. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information please visit: http://www.law.cornell.edu/uscode/17/107.shtml (new window). If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission directly from the copyright owner.
LINK DECAY. Not all the sites linked to use permanent URLs. If the archives take you to a dead link, you can search the link’s site for the article that had been published. It is possible that the web page was removed; however, the publication might have a print copy available.
EXTERNAL LINKS.
The Site may contain hyperlinks to Web sites operated by parties independent from Site Owner. Such hyperlinks are provided for your reference only. Site Owner does not control such Web sites, and is not responsible for their content. Site Owner’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their content. Your access and use of such sites, including information, material, products, and services therein, shall be solely at your own risk. Further, because the terms, conditions, disclaimers and privacy policy of this Site is applicable only when you are on this Site, once linked to another Web site, you should read that site’s privacy policy and other terms before disclosing any personal information.
IMPORTANT DISCLAIMER – PLEASE READ.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING, INTERACTING WITH OR USING THE SITE. BY ACCESSING, INTERACTING WITH, OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, INTERACT WITH, OR USE THE SITE. The Site or Site Owner MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Unless otherwise specifically noted, the entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are the Site and Site Owner. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE except you may use the RSS feeds that are provided on this Site. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to the Site and the Site Owner a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as but not limited to blogs, bulletin boards, forums and newsgroups) or by e-mail to the Site administrator, by all means and in any media now known or hereafter developed. You also grant to Site and the Site Owner the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the Site and the Site Owner for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Site and the Site Owner. TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of the Site. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by the Site and the Site Owner, the Site and the Site Owner do not operate, control or endorse any information, products or services on the Internet in any way. Except for the Site or Site Owner’s clearly identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with the Site and the Site Owner.
You understand that the Site cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET (use of the Site and the Internet sometimes herein referred to as “the Service”). THE SITE AND THE SITE OWNER PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE SITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. THE SITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE SITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE SITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE SITE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The Site makes no representations whatsoever about any other web site which you may access through this Site or which may link to this Site. When you access a third party or outside Web site, please understand that it is independent from the Site, and that the Site has no control over the content on that Web site. In addition, a link to the Site from a third party or independent Web site does not mean that the Site endorses or accepts any responsibility for the content, or the use, of such Web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless the Site, the Site Owner, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service. You further agree to indemnify, defend and hold harmless all contractors and hosting services associated with the Site, the Site Owner, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service, or by the Site or Site Owner.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of the Site, the Site Owner, and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by the Site Owner without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous), together with the Privacy Policy set forth below, shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between the Site and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Site’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Site may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
PRIVACY POLICY STATEMENT
This Privacy Policy (hereinafter so called) describes the terms of the Site and the Site Owner’s commitment to your privacy.
PERSONS OR PARTIES COVERED.
This Privacy Policy is intended to cover all persons who access the Site.
Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as “Visitors” and are parties to this Privacy Policy. Visitors include all subscribes to RSS feeds, to persons who complete and submit the contact form, or all other persons who either passively or actively interact with this Site.
PERSONS EXCLUDED FROM THIS SITE ARE STILL COVERED.
In the event that a person excluded from this website because of the Agreement or from denial of service by the Service, who nonetheless unlawfully views this Site, that person remains subject to the terms of this Privacy Policy and is in violation of the Agreement.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE.
This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS AGREEMENT AND THIS PRIVACY POLICY.
Acceptance of the terms of this Agreement and Privacy Policy is a portion of the consideration required for your right to visit the Site. If you do not accept these terms, you have no right to visit this Site and you are fraudulently using this Site.
A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 –OPPA)
It is the intent of this Agreement and the Privacy Policy to comply with the California Online Privacy Protection Act (“the California Act”). Various provisions throughout this Privacy Policy address requirements of the California Act. In summary, you must presume that we collect electronic information from all Visitors. This is not usually personally identifiable. If you submit the contact form via this Site (and thereby become covered by the California Act), the contact form that you electronically sign allows the Site to collect and archive all the personal information that you provide. There is no way you can modify this information and you have no right to do so. Under the terms of the Agreement, you have no right to view or receive any information about Site Owner’s database. In the event that the Site, under advice of counsel agrees to divulge information, the requesting party must submit whatever information is demanded by the Site in insure that the Site is releasing information to the correct party. Other provisions of the OPPA may exempt this Site from complying. While Site Owner takes measures to ensure that outside parties do not have access to any information the Site has about you, Site Owner does not warranty that outside parties will not breach Site Owner’s system and thus have access to your information. (You should know that merchant service providers do not allow us access to your credit card information; however, this Site does not collect credit card information.) This Agreement and Privacy Policy is subject to change without notice. You are required to read it prior to using or interacting with the Site. By viewing or interacting with the Site, you agree to the terms and conditions of the Privacy Policy and the Agreement. By viewing, using or interacting with the Site or submitting information to the Site, you waive the right to use state or federal court systems to address complaints and, instead, agree to use the American Arbitration Association located in a city and county specified herein.
ABOUT THE PERSONAL INFORMATION THIS SITE COLLECTS AND HOW IT IS USED.
This website routinely collects information about its Visitors. This information is obtained in various ways, such as:
VISITOR INFORMATION OBTAINED.
The information provided by any Visitor who takes active, positive steps to communicate information to this Site is recorded. This includes information provided the Site via email, mail, or courier; by telephone; or by the electronic contact form; it may be from subscribing to an RSS feed.
ONLINE ORDERING.
NO ONLINE ORDERING IS PRESENTED ON THIS WEB SITE. Any orders for products or services that may appear on this Site are conducted by third party websites under and affiliate or other arrangement and this Site takes no responsibility or liability for the payment practices of those web sites.
VISITOR EMAIL INQUIRIES.
Website visitors who wish to communicate with the Site or Site Owner via the Site do so under two conditions: one, they give their permission for contact by the Site and the Site Owner; two, they are subject to any ‘submission’ provisions of the Agreement and this Privacy Policy. While your email address may or may not be used to solicit you, it is added to the website’s general solicitation database.
EMAILS OR COMMENTS.
If you are a visitor and send an email to the website, or if you communicate with the Site by commenting on stories and articles or by email, the Site collects information about your communication and by communicating with the Site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the Site sees fit. Any communication which, in its sole discretion, the Site deems to be a testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH THIRD PARTY LINKS, BANNERS, POPUPS, OR SITE ADVERTISERS.
Visitors clicking on any links, banners or pop-ups or hyperlinked advertising, appearing on this the Site must assume that information is being collected about them. This Site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that the Site does not have any control over what happens with this information, (4) that the Site takes no responsibility over the accuracy or content of advertisers, (5) that the Site is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that the Site assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES.’
Many websites, including this Site, collect information about your computer, your email address, your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the Site may or may not have any idea who you are.
“Cookies” is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the Site or other uses of the Site. Cookies can also be used to obtain information about your computer configuration or your use of your computer. Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this Site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this Site or joint venture partners, affiliates, and marketing organizations.
HOW INFORMATION MAY BE USED.
The use of information as described below may or may not be how information that is collected is customarily used by this Site. While actual use of any information collected may be used quite conservatively, you must assume that it is not. You must assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this Site. This type of shared information may include your name, address, phone number, email address and other information. This information may be used for general commercial solicitation by this Site or other persons it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED.
Credit card information or other financial information is not usually known to the Site. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of such information gives express permission to use it in fraud investigation or for litigation.
A NOTE ABOUT SPAM.
By providing to this Site information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this Site since, by providing such information, you agree to receive communication from us. This Site does not publish a newsletter, ezine, or other marketing piece that is delivered to your email other than the voluntary RSS feed link. In the abundance of caution, understand that all email communication with you will be discontinued upon your request if you no longer wish to receive information from the Site and your name will be removed from the general solicitation database.
DATA SECURITY.
This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this Site or interacting with this Site in any manner, you waive all claims of any nature against this Site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the Site is not responsible for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS.
You may direct questions, comments or reports by using our online comment form or to:
LegalTech
Post Office Box 1348
St. Johns, Arizona 85936
(928) 337-2202 | (866) 450-4034 (fax)