2. Modifications: We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes in the Platform and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Platform, these changes become effective immediately and if you use the Platform after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. Ownership Of Intellectual Property: The contents and output of the Platform, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, data, analytics, results, reports (including both graphical and tabular output), proprietary information and all copyrightable or otherwise legally protectable elements and output of the Platform, including, without limitation, the selection, sequence and “look and feel” and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Materials”), are the property of HC Info, its Affiliates, and any of their successors and assigns, and any of their respective licensors, suppliers, and service providers, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the “Platform” includes “Materials” as detailed above as well. HC Info hereby grants a nonexclusive, nontransferable right to you to use this Platform for the water management of one building or multiple buildings located on one campus. Access to the Platform and any water management plan (WMP) and any data, analytics, results or reports generated from it shall be used only by the registered users and may not be donated, sold, distributed, or commercially exploited in any form. You must not alter, delete or conceal any copyright or other notices contained in the Platform, including notices on any Materials you download, transmit, display, print or reproduce from the Platform. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use, any Materials without the express prior written consent of HC Info. Any unauthorized or prohibited use of any Materials may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content from the Platform that infringes the copyright rights of others and will disable the access to the Platform and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement of this Platform and to promptly end any infringement that might occur. If you believe that the Platform contains elements that infringe your copyrights, please notify us immediately.
4. Rules of Conduct: Your use of the Platform is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Platform, or knowingly condone use of this Platform by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Platform;
- be used for advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; or use the Platform in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or the rights of use and enjoyment of the Platform by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Platform, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
6. Certain Products and Services a. RSS Feeds and Podcasts: HC Info may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Platform that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to HC Info or the content provider. Content is available for your use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section. By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Platform, HC Info and its Affiliates do not warrant that its RSS Feeds will operate on all user equipment. Please see the “Disclaimer and Limitations of Liability” section below for further details. b. Mobile Applications: If HC Info offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number. Under no circumstances will HC Info be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.
8. Disclaimer and Limitations of Liability: IMPLEMENTING THE MEASURES IN THE PLATFORM OR ANY WATER MANAGEMENT PLAN GENERATED FROM IT WILL NOT GUARANTEE THE ABSENCE OF LEGIONELLA OR ANY PATHOGEN, THUS THE RECOMMENDATIONS SHOULD IN NO WAY BE INTERPRETED AS A GUARANTEE AGAINST ILLNESS, INCLUDING LEGIONNAIRES’ DISEASE. IT IS NOT REALISTIC OR POSSIBLE TO ELIMINATE ALL RISKS. THE PLATFORM DOES NOT CONTAIN ALL AVAILABLE PROCEDURES, METHODS, OR MEASURES FOR THE CONTROL OF LEGIONELLA BACTERIA OR OTHER PATHOGENS. FOR MORE INFORMATION, REFER TO BOOKS AND SCIENTIFIC PAPERS ON THE SUBJECT. IN ADDITION, IF LEGAL, MEDICAL, ENGINEERING, OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. THE PLATFORM, AND ITS MATERIALS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE PLATFORM WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL CONTENT, FEATURES, AND FUNCTIONS OF THE PLATFORM. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HC INFO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE PLATFORM OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT WILL THE LIABILITY OF HC INFO, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR LICENSEES ARISING OUT OF OR RELATED TO THE PLATFORM EXCEED THE SUM OF FEES PAID BY YOU FOR ACCESS TO THE PLATFORM. IN NO EVENT WILL HC INFO HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT IN THE EVENT OF HC INFO’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU AGREE THAT THE TERMS IN THIS LIMITATION OF LIABILITY SECTION REPRESENT A REASONABLE ALLOCATION OF RISK.
9. Indemnification: Except in the event of HC Info’s gross negligence or willful misconduct, you agree to indemnify, defend and hold HC Info, its officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you.
10. Ads and Malware: We took great care and pride in creating the Platform. We are always on the lookout for technical glitches that effect how the Platform functions. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Platform – and that is beyond our control. If you experience any unusual behavior while using the Platform, it may be the result of Malware on your computer. Malware – short for MALicious softWARE – is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything is working properly, sometimes Malware programs on your personal computer may interfere with your use of the Platform. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.
12. Law that Applies to this Agreement; Miscellaneous Terms: This Agreement, together with any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and HC Info and supersedes any and all prior or inconsistent understandings relating to the Platform and your use of the Platform. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Platform, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This Agreement and your use of the Platform is governed by, construed and enforced in accordance with the internal substantive laws of the State of Washington (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Washington, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Washington and King County and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE PLATFORM OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.