TERMS OF SERVICE
Last Updated: February 13th, 2018
These Terms of Service (“Terms”) govern your access and use of the https://unitedsewerwater.com/ website and other related websites maintained by United Sewer & Water. (collectively, the “Site”) and any software, programs, materials, and services made available through this Site (collectively, the “Services”). When You access and make use of the Site and the Services, in their present form or as they may be modified from time to time, You are agreeing to these Terms, which create a legally binding agreement between You and United Sewer & Water. (or the “Company”).
As used in these Terms, the terms “You” and “Your” will collectively mean You individually, as well as any entity, such as Your employer, authorizing You to access and use this Site and the Services.
Unless otherwise stated, these Terms shall apply to all Services provided by United Sewer & Water through this Site. Additional agreements, terms and/or conditions may also apply to certain Services, as set forth or referenced in these Terms and/or on the Site, or as otherwise communicated to You by United Sewer & Water from time to time. You will be notified of any additional terms that apply to any Services and that are not otherwise referenced in these Terms or on the Site prior to Your election to make use of such Services.
We suggest that You become familiar with the terms, conditions, and restrictions of these Terms. We also recommend that You periodically review these Terms, as they are subject to revision from time to time, at United Sewer & Water’s sole discretion. The date shown under the title of this page identifies the last date that these Terms were updated. You understand and agree that by using the Services after updated Terms have been posted, You are agreeing to these Terms as amended.
If You do not agree to any provision of these Terms as currently posted, or as may be amended from time to time by United Sewer & Water in its sole discretion, then You agree to immediately notify United Sewer & Water and cease accessing this Site and using the Services.
- INTENDED USER AND SECURITY
Intended User; Personal Use. The Site and the Services are intended for use by people who are 16 years of age or older. By using this Site and the Services, You affirm that You are at least 16 years of age. The Site is for your personal use. As a condition to your continued use of the Site, you warrant to United Sewer & Water that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
Personally Identifiable Information. All personally identifiable information that You provide in any form, chat or communication shall remain confidential and shall not be disclosed by United Sewer & Water for any purpose other than pursuant to a court order issued by a court having the proper jurisdiction to compel any such disclosure.
Electronic Communication. When You register and use the Services, or send e-mails to us, You are communicating with us electronically, and You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Site or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
- COMMENTS AND OTHER CONTENT
Certain portions of the Site and the Services may allow You to post reviews, comments, and other communications (collectively, “Comments”) relating to services, materials and content published, uploaded, or otherwise made available through the Site or the Services. So long as any such Comments are not illegal, objectionable, defamatory, obscene, invasive of privacy, infringing on intellectual property rights, or otherwise harmful to others, You may post Comments. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments. United Sewer & Water reserves the right (but not the obligation) to remove Comments at its sole discretion.
You grant us, our agents, licensees, and assigns an irrevocable, perpetual, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Comments. Please note that this license continues even if You stop using this Site or the Services. You agree to indemnify, release, and hold us harmless from any liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Comments that You post.
The Site and/or the Services may contain links to other web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by United Sewer & Water of the Site, but is for Your reference and convenience only. United Sewer & Water has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site nor does United Sewer & Water recommend or endorse any information, products, services or procedures that may be mentioned on or represented on sites linked to the Site. Linking to any other off-site pages or other sites is at Your own risk and subject to the terms and conditions of use of any hyperlinked Site.
- TERM AND TERMINATION
Term. The term of Your authorization to access and use the publicly available portions of the Site and the services, which are free of charge, is for an indefinite period of time, but may be terminated by United Sewer & Water at any time by written notice to you without any penalty.
Termination upon Notice. United Sewer & Water may terminate Your rights to access and use the Site or the Services at any time, in its sole discretion, upon providing You with thirty (30) days advance notice. Any such notice shall be delivered to the e-mail address that You provided with Your Registration Information.
Termination upon Breach. If You breach any provision of these Terms, including, but not limited to, providing false Registration Information, breach any provision of the license granted to You by United Sewer & Water by these Terms, engage in any unauthorized use of the Services, or engage in any prohibited act as identified in these Terms, United Sewer & Water may, in its sole discretion, terminate Your rights to access and use the Services immediately, without additional notice to You unless otherwise agreed to in writing between You and United Sewer & Water . United Sewer & Water ’s termination of Your rights to access and use the Services for any such breach is not an exclusive remedy and United Sewer & Water reserves all other rights at law and in equity it may have against You for any such breach.
Term and Termination Rights Related to United Sewer & Water Platform. If applicable, the term of Your license to assess and use the United Sewer & Water Platform, or any other Services requiring a separate license agreement, shall be as set forth in the Platform License Agreement or other applicable license agreement and subject to the termination provisions thereof.
- PERMITTED USE OF THE SERVICES
The Services are the property of United Sewer & Water and Your access to the Services is solely with our permission. Any unauthorized access or use will, among other things, be deemed a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of the Services, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies, as we deem reasonably necessary.
You expressly agree that You will only use the Services for lawful purposes.
- DATA COLLECTION
You agree to allow United Sewer & Water to collect certain non-personal information about Your use of the Services, and about Your computer, browser, or other devices or programs You are using to access and use the Services (the “Usage Data”). You agree that United Sewer & Water may collect, analyze, and aggregate such Usage Data for its internal business purposes and share such Usage Data with United Sewer & Water’s partners, affiliates and third-party service providers in connection with our provision of the Services.
In addition to the foregoing, if You operate or otherwise manage a YouTube channel and wish to use the Services in connection with such YouTube channel, You will be required to be logged in to your YouTube account. If You use the YouTube data API to obtain applicable analytic information, when You first log into Your United Sewer & Water account, You will be prompted through the YouTube OAuth protocol to grant United Sewer & Water access to such analytic data. By granting such authorization, You agree that United Sewer & Water may access, integrate and use such YouTube analytical data generated by Your YouTube channel, in whole or in part, into the United Sewer & Water Platform on an aggregated basis.
- UNITED SEWER & WATER COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
As between you and United Sewer & Water, United Sewer & Water retains full copyright ownership, rights and protection in all material contained on the Site (including but not limited to all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of United Sewer & Water.
You may, however, view, download and print materials displayed on the Site for your own personal use, provided any printed versions include the copyright and other notices displayed with the materials on the Site.
None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of United Sewer & Water.
All content of the Site is Copyright © 2021 United Sewer & Water (or its licensors). All rights reserved.
The trademarks, logos, and service marks (collectively the “United Sewer & Water Trademarks”) displayed on this Site and within the Services including, but not limited to: United Sewer & Water are the registered and/or unregistered marks of United Sewer & Water, or are otherwise used in accordance with applicable law. Nothing contained within the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any United Sewer & Water Trademarks displayed within the Services without United Sewer & Water’s written permission. Your unauthorized use of the United Sewer & Water Trademarks displayed in the Services is strictly prohibited.
- THIRD PARTY TRADEMARKS
The Site and Services may incorporate, access, or utilize certain software, technology and/or content not written or developed by United Sewer & Water, but instead is provided by third parties under license or otherwise (“Third Party Elements”). You acknowledge that You shall comply with any terms and conditions associated with such Third Party Elements and that United Sewer & Water shall have no liability or responsibility for the operation or performance of any such Third Party Elements, and United Sewer & Water shall not be liable for any damages, costs or expenses, direct or indirect, arising out of the performance or failure of any such Third Party Elements to perform as intended.
United Sewer & Water may display trademarks on the Site and in the Services that are registered to, or are otherwise owned by third parties (“Third Party Marks”) and United Sewer & Water displays such Third Party Marks with the consent of their respective owners. All right, title and interest in and to Third Party Marks belong to their respective owners, and neither United Sewer & Water nor You acquire any rights to such Third Party Marks.
- YOUR TRADEMARKS AND SERVICE MARKS
As between You and United Sewer & Water, You or Your licensors own all right, title, and interest in and to Your trademarks, logos, and service marks (collectively, “Your Trademarks”). Except as expressly provided in these Terms, nothing contained on this Site or within the Services grants any license to United Sewer & Water, by direct grant, implication, estoppel or otherwise, any license or right to use any of Your Trademarks without Your permission.
- FORWARD-LOOKING STATEMENTS
This Site and documents or other information linked to this Site, including without limitation press releases and webcasts, contain forward-looking statements that are based upon current expectations and that involve risks and uncertainties. Without limiting the generality of the foregoing, words such as “may,” “will,” “expect,” “believe,” “anticipate,” “intend,” “could,” “estimate” or “continue” or the negative or other variations thereof or comparable terminology are intended to identify forward-looking statements. In addition, any statements that refer to expectations, projections, or other characterizations of future events or circumstances are forward-looking statements. The forward-looking statements are made according to the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those stated in any forward-looking statements based on a number of factors and other risks more specifically identified in United Sewer & Water’s most recent periodic reports and other Securities and Exchange Commission filings. Although United Sewer & Water believes that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate and, therefore, there can be no assurance that the results contemplated in the forward-looking statements will be realized.
- DISCLAIMERS, LIMITATION OF LIABILITY, RELEASES
YOU AGREE THAT USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD. NEITHER UNITED SEWER & WATER NOR ANY OF ITS RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE. THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. THE DISCLAIMERS CONTAINED IN THESE TERMS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL UNITED SEWER & WATER , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE.
You agree that You will, at Your expense, indemnify, defend, settle, and hold United Sewer & Water, its directors, officers, shareholders, employees and agents harmless from and against all claims and expenses, including attorneys’ fees, arising out of Your use of the Services, including but not limited to any use of the Services that is not authorized by these Terms. In addition to the foregoing, in any such action, You will pay any judgment awarded against United Sewer & Water or any settlement agreed to by You, and any authorized expenses incurred by United Sewer & Water. United Sewer & Water reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. In this event, You will assist and cooperate with United Sewer & Water in asserting any available defenses.
- COPYRIGHT COMPLIANCE
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) (USC §§ 512 et. seq.), United Sewer & Water will take action on receipt of notice of alleged copyright infringement. If You are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon Your United States copyrights, You may submit a notification in accordance with the DMCA (USC 512(c)(3)) by providing United Sewer & Water with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material);
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an E-mail address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under the penalty of perjury, that the above information in Your notification is accurate and that You are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and Your physical or electronic signature.
Please send all written correspondence of alleged infringements to:
United Sewer & Water
Attn: Copyright Compliance
2226 Hermany Ave
Bronx, NY 10473-1322
- LEGAL PROCEEDINGS
Any dispute relating to or arising from Your use of the Services or these Terms will be adjudicated by a court of competent jurisdiction, and You expressly consent to the jurisdiction of the State and Federal courts sitting in New York for such purposes. In addition to any finding, relief granted or judgment awarded by such court, the prevailing party in any such action shall be awarded reasonable attorney’s fees and costs.
All notices regarding any matter pertaining to these Terms, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by e-mail, with a physical copy of such notice sent via United States Registered Mail (return receipt requested), or by a nationally recognized express courier, postage or air bill prepaid. Notices sent to United Sewer & Water shall be sent to: 2226 Hermany Ave, Bronx, NY 10473-1322, Attention: Legal Department. Notices sent by United Sewer & Water shall be sent via e-mail, with a physical copy sent (by United States Registered Mail or a nationally recognized courier) to the e-mail and physical addresses You provided as part of Your Registration Information. Notice will be deemed effective twenty-four (24) hours after sending of an e-mail, unless returned due to an invalid e-mail address, in which case, notice shall be deemed effective upon receipt of physical copies, as confirmed by United States Postal Service, or courier, as applicable.
These Terms are to be construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. These Terms, as updated from time to time, constitute the entire agreement between us with respect to Your use of this Site. United Sewer & Water’s failure to enforce any breach of this Agreement by You does not constitute a waiver of United Sewer & Water’s right to enforce any term of these Terms in the future for a similar breach.
Section 1789.3 of the California Civil Code (the “Electronic Commerce Act of 1984”, California Civil Code, Section 1789.1, et seq.) requires us to inform You that You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Sacramento, California 95834 or by telephone at (916) 445-1254, or (800) 952-5210, in order to resolve any complaint regarding a service provided to You through this Site or to receive further information regarding the use of such services.