This web site “www.swwc.com” or any replacement site (collectively, the “Site”), is operated by SouthWest Water Company and its affiliates (collectively, “SWWC”, “we” or us”) to provide you with information about us, products, our company, and its history and future plans, as well as to provide you with certain services or capabilities. Your access to and use of the Site is governed by and subject to your acceptance of the terms, conditions, and notices contained herein (collectively, the “Terms”), without modification, each time you visit this Site.
THIS IS A LEGALLY BINDING AGREEMENT WHICH IS SUBJECT TO CHANGE.
Changes to Terms
SWWC reserves the right to change the Terms at any time by updating them without any other notice to you. Any change will be effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your responsibility to regularly review the Terms because they are binding on you. Certain terms may also be superseded by expressly designated legal notices or terms located on particular pages of the Site. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time without prior notice to you.
Access and Use
You represent and agree that all information that you provide to SWWC in connection with your access and use of the Site is, and shall be true, accurate, and complete to the best of your knowledge, ability and belief. SWWC reserves the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site.
Use of Submissions
In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Site you will not:
- restrict or inhibit any other user from using or enjoying the Site;
- represent yourself as another or as a fictitious individual, unless you are participating in an area of the Site that requires or encourages anonymity;
- disrupt or interfere with the Site or its operation or availability, or alter or tamper with the content;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law;
- post or transmit any information which is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication, or engage in spamming, flooding, or any denial of service attack;
- post or transmit any date or information out of the country in which you reside in violation of applicable law;
- post or transmit any data or software that cannot be exported without prior written governmental authorization, including, but not limited to, certain encryption software; or
- post or transmit any information or software which contains a virus, Trojan horse, worm, or other disabling device or harmful component.
The above assurances and commitments by you shall survive termination of these Terms.
SWWC takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions, or that transactions conducted on or through the Site, are or will be totally secure. You are responsible for maintaining the confidentiality of your account and account number and any other use identifier or other unique name or number identifying you (collectively, your “User ID”) and any password used in connection with your use of the Site, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify SWWC for any unauthorized use of your User ID or password, or of any breach of the Site security or of these Terms, of which you become aware. SWWC cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
Intellectual Property Rights
All content on the Site, including without limitation, all trademarks, service marks, logos, text, graphics, images, logos, and software, is the intellectual property of SWWC and is protected by U.S. and foreign laws and conventions. Except as expressly authorized by SWWC, you agree not to reproduce, modify, rent, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site content or services. You may not use any meta tags or any other hidden text utilizing SWWC’s name or trademarks without the express prior written permission of SWWC. If you believe that any content on the Site infringes another party’s intellectual property rights, please contact SWWC promptly.
Third Party Websites, Content, Products and Services
No Added Links
You agree that you will not place a link to the Site on any other internet site without the prior written consent of SWWC.
Termination of Use
You agree that SWWC may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site.
Before continuing to access and use this Site, you must obtain all required consents and approvals from your company and from any customers, clients and other third parties (if applicable) who may be affected by, or may need to consent to your access and use of the Site and any of the features, materials, opportunities, and services provided through the Site, whether such consents and approvals are required by law or otherwise. If you are under 18, please use our Site only with the consent and involvement of a parent or guardian.
SWWC makes no warranties or representations about the accuracy, correctness, timeliness, completeness, reliability, usefulness, adequacy or suitability of the Site’s content. Nor does SWWC promise that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or server which makes it available are free of viruses or other harmful components. RATHER SWWC MAKES THE SITE AND ITS CONTENT AVAILABLE ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SWWC DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF EVERY KIND AND NATURE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TITLE, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SWWC OR A SWWC REPRESENTATIVE SHALL CREATE A WARRANTY. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU AGREE THAT NEITHER SWWC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, SUPPLIERS, CONTRACTORS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO OR VIA THE SITE WILL HAVE ANY LIABILTY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, EVEN IF SWWC OR ANY OF THEM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRIVACY LAWS OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITAIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification and Release
You agree to defend and hold harmless SWWC and their officers, directors, employees, agents, licensors, contractors, suppliers, affiliates, successor and assigns from any and all claims, liabilities, costs, expenses (including attorney’s fees) arising in any way from your use of the Site or use of your account(s). In addition, you hereby release SWWC from any and all claims for damage (actual or consequential), costs, or expenses of any kind or nature whatsoever, that you may have against SWWC arising out of or in any way related to any content or services made available at the Site. You hereby agree to waive all laws that may limit the efficacy of such releases.
These Terms and your use of the Site shall be governed in all respects by the laws of the State of California, without regard to conflict of law principles or rules. You agree to the exclusive jurisdiction and venue in any legal proceeding arising out of or relating to the Site shall be in the state or federal courts located in Los Angeles County, California. You further agree to the exercise of personal jurisdiction over you by those court for any such dispute. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the cause of action or claim arises. Neither the course of conduct between the parties nor trade practice shall act to modify any of the Terms or any other content of the Site.
By using the Site, you agree that SWWC, in its sole discretion, may require you to submit any disputes arising out of your use of the Site or these Terms, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, but excluding procedures for large, complex commercial disputes, by one or more arbitrators appointed in accordance with those rules. Notwithstanding those rules, however, any such arbitration shall be governed by the laws of the State of California as provided in the “Jurisdiction” section herein. Any award in an arbitration initiated under this provision shall be limited to monetary damages and shall include no injunction or direction to any party other than to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Last Updated: October 20th, 2015