Web Site Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR USE OF THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS THEY MAY BE MODIFIED BY THE COUNCIL ON WATER QUALITY FROM TIME-TO-TIME AND POSTED ON THIS WEB SITE.

Each user of this Web site agrees as follows:

  1. Copyrights and Other Intellectual Property. Except as otherwise noted in this Web site (www.councilonwaterquality.org), all information, documentation, trademarks, logo and other content posted in this Web site (collectively, the "Information") are the property of the Council on Water Quality. Without limiting the foregoing, the graphics, icons and overall appearance of this Web site are the property of the Council on Water Quality. The posting of Information does not constitute a waiver of any of the Council on Water Quality proprietary rights in such Information (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The Information is protected by U.S. and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information you obtain from this Web site. You may not sell or republish, or copy for other than your own individual use, the Information or any portion thereof without the prior written consent of the Council on Water Quality. You may not modify, edit or take out of context the Information such that its use creates a false or misleading statement or impression as to the positions, statements or actions of the Council on Water Quality. If you breach any of these Terms, your authorization to use this Web site automatically terminates and you must immediately destroy any downloaded or printed materials.

  2. Links to This Web Site. This site is the property of the Council on Water Quality. Other sites may not link to this site without the express written permission of the Council on Water Quality. Please e-mail us.

  3. Links to Other Web Sites. Periodically, links may be established between this Web site and one or more Web sites operated or content provided by third parties. The Council on Water Quality has no control over any such other Web sites or the contents therein and will have no liability arising out of or related to such Web sites or their content. The existence of any such link does not constitute an endorsement by the Council on Water Quality of such Web sites, the contents of the Web sites or the operators of the Web sites.

  4. Non-Confidentiality of Communications. If you send a message to this Web site, such as (but not limited to) an e-mail to the Webmaster, you hereby grant to the Council on Water Quality the right to read, use, distribute, disclose and otherwise handle the communications as the Council on Water Quality deems appropriate in its sole judgment. You are hereby advised that no facilities are provided by this Web site for sending or receiving confidential communications.

  5. User Forums. The Council on Water Quality may, but is not obligated to, monitor or review any areas on this Web site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. The Council on Water Quality, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
  6. Ownership of Logos. The Council on Water Quality is the sole owner of all right, title and interest in its Logos, including all copyright and trademark rights therein. Use of these Logos requires the express prior permission of the Council on Water Quality. Subsequent to obtaining such permission, use of the Council on Water Quality Logos is subject to the following terms and conditions:

    1. You will do nothing inconsistent with the Council on Water Quality's sole ownership of all rights in the Logos. You will not adopt, use or seek to register as a trademark the Logos or any confusingly similar marks or Logos.
    2. Your use of the Logos will inure to the sole benefit of the Council on Water Quality.
    3. You agree to use the Logos only in the form and manner prescribed by the Council on Water Quality. You may not alter or modify any of the Logos without the Council on Water Quality's express written permission.
    4. To the extent that your use of the Logos is in connection with goods or services provided on behalf of the Council on Water Quality, you agree that the nature and quality of all such goods and services shall be subject to the Council on Water Quality's inspection, approval and quality control, and that your use of the Logos will conform to standards set by, and be under the control of, the Council on Water Quality.

  7. Third-Party Trademarks. Trademarks, logos, and service marks not owned by the Council on Water Quality that may be displayed on this Web site are the registered and unregistered marks of their respective owners. No rights are granted by the Council on Water Quality to use such marks, whether by implication, estoppel, or otherwise.

  8. Responsibility for Content. The Council on Water Quality does not screen, edit or review material submitted by users. The Council on Water Quality will therefore accept no responsibility or liability for any material, which may reside in or is accessed by this Web site. You may not link, upload, post or transmit to this Web site any material that is illegal, obscene, or, in the Council on Water Quality's sole judgment, offensive or otherwise inappropriate. You agree to indemnify the Council on Water Quality from any damage, loss, cost or expense which may be incurred by the Council on Water Quality as a result of the material you link, upload, post, or transmit to this Web site. The Council on Water Quality has no duty to review or edit materials submitted by users. Any such materials may be removed by the Council on Water Quality at any time for any reason. The Council on Water Quality avails itself of the safe harbor protections of the Digital Millennium Copyright Act and the Communications Decency Act, and reserves the right to remove any content that allegedly defames, or infringes the copyright or personal or privacy rights of, any other person or entity.

  9. Privacy Policy.
    1. Retention and Use of Personal Information: The Council on Water Quality respects your ability to make informed choices about the collection and uses of your personal information. When you access this Web site, some information – such as the site that referred you to the Council on Water Quality Web site, your IP address, and your e-mail address – may be automatically collected as part of the operation of this Web site. We may use this information to generate user profiles and to personalize our Web site to your particular interests. We may require you to provide your age and date of birth in order to insure compliance with U.S. government restrictions on Web sites' providing content to, and acquiring information from, children. Any such personal information as may from time to time be collected from this Web site is stored indefinitely. The Council on Water Quality may share statistical information about its users with third-party associates with whom we share content-providing services. The Council on Water Quality does not share information with organizations other than its own associates, and does not sell its subscriber information. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating subsequent use of this Web site. Because of the nature of the Internet, such data may pass through any country. Unless you opt out (see below), you hereby consent to this policy, and we may from time to time notify you of new products or services, or other information that may interest you. You may also receive similar notifications from our third-party associates. We also reserve the right to disclose any such personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

    2. Opt-Out: If you do not want to receive promotional information from the Council on Water Quality or our third-party associates, you will be able to express this preference by contacting us at info@councilonwaterquality.org. We will take reasonable steps to deactivate your name from our marketing lists when we receive your request. However we will not be responsible for recalling information we may have already provided to our third-party associates prior to receiving and processing your opt-out request.

    3. Children: It is not our intention to collect personal information from anyone under 13 years of age. If you are under 13, we must have express written permission from a parent before you may use this site. The authorizing parent must e-mail us at info@councilonwaterquality.org, certifying the parent's age and authority, and giving us express permission to acquire and retain any such personal information from you as we may normally obtain from users of this site.

    4. Changes: the Council on Water Quality reserves the right to change the terms of its privacy policy at any time. If we do change this privacy policy, we will post the changes on this Web site. We encourage you to review this privacy policy each time you visit our Web site to make sure you understand our current policy on collecting and using customer information.

    5. Limitation: It is the Council on Water Quality's intention that this Privacy Policy apply only to the Council on Water Quality's online data retention and collection activities. The Policy does not apply to any offline practices of the Council on Water Quality.

  10. Waiver of Warranty; Limitation of Liability. Although the Council on Water Quality attempts to provide useful Information, the Council on Water Quality does not guarantee that the Information is accurate, current or suitable for any particular purpose. The Council on Water Quality assumes no obligation to update or continue to post the Information. The Council on Water Quality does not guarantee that access to this Web site will be uninterrupted, that this Web site will be free of viruses or that this Web site cannot be tampered with by third parties. THIS WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS WEB SITE AND THE INFORMATION IS AT THE USER'S SOLE RISK. IN NO EVENT WILL THE COUNCIL ON WATER QUALITY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEB SITE, ANY WEB SITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS WEB SITE OR ANY OTHER WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE COUNCIL ON WATER QUALITY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  11. Limitation of Claims. Any action on any claim against the Council on Water Quality must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.

  12. General. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without reference to any conflict of law principles. You hereby consent to venue in and jurisdiction of the state and federal courts sitting in Sacramento County, State of California. Notwithstanding anything to the contrary, the Council on Water Quality shall have the right to elect in its sole discretion the forum for any lawsuit arising hereunder brought by the Council on Water Quality. Because you shall have access to the Information and other valuable proprietary materials of the Council on Water Quality, you agree that the Council on Water Quality shall have the right to enforce these Terms and Conditions and any of its provisions by injunction (without being required to show any actual damage or to post an injunction bond), specific performance or any other equitable relief without prejudice to any other rights and remedies that the Council on Water Quality may have for the breach of these Terms and Conditions. The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained therein. No waiver by the Council on Water Quality of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision of a waiver of that same right or provision at any other time.