Partners for Clean Streams, Inc. and The Davey Resource Group, a division of The Davey Tree Expert Company

Web Site Terms and Conditions

1.  Definitions

1.1  This web site, http://dmds.maumeerap.org, is hereafter referred to as �Site�. This Terms page includes Site Terms, Conditions, Notices and Disclaimers (or collectively 'Terms').�

1.2  The term �we�, �our�, �Company� shall mean Partners for Clean Streams, Inc. and The Davey Resource Group, a division of The Davey Tree Expert Company.

1.3  The Term �you�, �your�, �web site visitor� or �client� shall mean anyone who accesses the Site, with or without permission for any purpose whatsoever

2.  About these Terms.

2.1 These Terms apply to your use of the Site http://dmds.maumeerap.org

2.2 By accessing the Site you are deemed to have accepted these Terms in their entirety. If you do not agree to any of these Terms you must stop using the Site, leave the Site and not return to the Site.

2.3 This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

2.4 We may at any time revise these Terms without advance notice. You are responsible for reviewing these Terms on each occasion that you revisit the site and if you continue to use the Site after changes are made to the Terms you are deemed to have accepted them.

2.5 This Site is funded by grants issued to us by the Ohio Environmental Protection Agency (Ohio EPA) and the United States Environmental Protection Agency (U.S. EPA).� By using this Site, you agree to hold the State of Ohio, Ohio EPA and U.S. EPA harmless from and against any and all claims of any kind or nature in any way related to your use of this Site in violation of the any of the terms or conditions contained herein or in violation of any applicable law or regulation.

3.  Intellectual Property (IP) Rights.

3.1 The design and content of this Site is protected by copyright and/or intellectual property laws and regulations. All rights are reserved. The exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction of this Site by any means and in any form, in whole or in part, and to make this Site available to the public, and to distribute any copyright protected material in the Site shall remain with the Site owner or its licensors. You agree not to copy, adapt, alter, use or create any derivative work from any material on this Site, or to restrict or inhibit the use or enjoyment of this site by anyone else.

3.2 The Site owner may enjoy various trademarks and registered trademarks ("the marks"). You may not use those marks or any third party trademarks that appear on this Site without the express written consent of the Site owner or licensor.

3.3 All other intellectual property rights in the Site are the property of the Site owner or its licensors.

3.4 Except as set out in the paragraph entitled �Acceptable Use�, nothing in these terms or on this Site should be taken as conferring any license or right to use any material on this Site without the prior written approval of the owner or its licensors.

4.  Registration

4.1 We may require web site visitors or you to register before we supply services via this Site. When you register, you agree to provide, true, accurate, up to date and complete information. �

5.  Acceptable use

5.1 It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, we will not tolerate any use of our Site which damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

5.2 We therefore require you to treat our Site with respect, and not to use the Site or our products or services for any illegal purpose, or in such a way as to infringe or breach other's rights or to cause or threaten to cause us damage. We also require you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through our Site.

5.3 We reserve the right to suspend the use of our Site generally or block your access to any part of the Site and/or to suspend or terminate your rights to use the Site or any part.

5.4 You agree to protect, defend, indemnify and hold us and the Company harmless from and against any and all claims of any kind or nature in any way related to your use of this Site in violation of the any of the terms or conditions contained herein or in violation of any applicable law or regulation.

6.  Links

6.1 Links to this Site should not utilize deep-linking or framing .

6.2 This Site may include links that allow you to leave this Site and visit third party web sites. This Site does not exercise control over linked sites and is not responsible for the content, use by you or availability of those third party web sites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.�

6.3 Any products, services and websites of third party providers made available via this Site are owned and operated by independent suppliers.� Links do not imply that we sponsor, endorse, are affiliated with or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such third party sites.

7.  Privacy Statement

7.1 This statement applies to information, including personal information, collected about you by this website.� This type of information is such that could reasonably allow you to be identified.� We are not responsible for the privacy policies of third party sites linked to this site.� You are responsible for reviewing the privacy policies of any sites that you visit.

7.2 This Site includes areas where you are requested to input information about yourself. Any personal data you submit to us through this Site shall be subject to the terms of our Privacy Statement.� This Site respects the privacy of each person who visits this Site and does not sell personal information to any other third party business. This Site may automatically log your IP address information to gather relevant user-based demographic data. If you have questions regarding this privacy statement, the practices of this Site, or your dealings with this Site, please contact tk7support@davey.com. This Site reserves the right to change this Privacy Policy at any time and without advance notice.

 

7.3 This Site may collect information that you provide that allow you to send us email messages and for us to respond to you by email.� Email may not be secure against interception.� You may stop receiving email messages by notifying us to discontinue providing such communications.� We may need to keep the information about you for recordkeeping, analysis or other reasons to the extent permitted by law.

 

7.4 When you visit any website, its server may generate a piece of text known as a �cookie� to place on your computer that allows the website to �remember� visitors� preferences.� Some cookies enable better navigation through our site and others may enable us to differentiate between new and returning visitors to our site.� If you do not wish to have cookies stored on your machine, you can opt out or disable cookies in your browser.� You will still have access to all information and resources in our website.� Disabling cookies in your browser will affect cookie usage at all other websites you visit as well.

 

8    Data Integrity, User Contributions and Ownership

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8.1    The Site serves as a storage space for multiple sets of crowd-sourced data and may contain other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

 

8.2    All User Contributions must comply with the Acceptable Use and Content Standards set out in these Terms.

 

8.3    Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

8.4    You represent and warrant that:

� You own or control all rights in and to the User Contributions and have the right to grant the royalty-free license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

� All of your User Contributions do and will comply with these Terms.

 

8.5    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 

8.6    We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

 

9    User Accessibility to Site and Account Security

9.1 We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

9.2 You are responsible for:

� Making all arrangements necessary for you to have access to the Site.

� Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

9.3 To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

9.4 If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

9.5 We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

10  Monitoring and Enforcement; Termination

10.1 We have the right to:

� Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

� Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.

� Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

� Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

� Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

10.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10.3 However, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

11  Content Standards

11.1 These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

� Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

� Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

� Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

� Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

� Be likely to deceive any person.

� Promote any illegal activity, or advocate, promote or assist any unlawful act.

� Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

� Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

� Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

� Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

12  Reliance on Information Posted

12.1 The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

12.2 This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

13  Disclaimer of representations and warranties

13.1 Content. We take reasonable steps to ensure that all information we provide on this Site is correct and complete at the time of the last update to the relevant page; however, we do NOT warrant it will be correct and complete. Any reliance on your part for any content on this Site should be substantiated by you with the relevant experts.

13.2 Availability. Use of this Site is available as �Pay for Service� and we take reasonable steps to ensure it is available to all permitted users. We do not warrant that the Site will be continuously available, or that your use of the Site will be uninterrupted or error-free, or that the Site and server will be free from attack.

13.3 DISCLAIMER. Site content is provided with RESTRICTED RIGHTS. This Site does not represent a substitute for professional advice. Content throughout this Site is strictly the opinion of the origination of the data. This Site's content is not intended to replace or substitute for, the information or advice to be provided by experienced, certified or licensed professionals. Site visitors or users assume all responsibilities and obligations with respect to any decisions made or opinions given as a result of the use or reference of any content from this Site. No legal representation or advice is provided in any way whatsoever.

13.4 WARRANTY. ALL INFORMATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE FURTHER DISCLAIM ANY LIABILITY IN CONNECTION WITH THE SITE OR THE INFORMATION PROVIDED HEREIN. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IN NO EVENT WILL THIS SITE OR THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.� THE TOTAL LIABILITY OF THE COMPANY AND THE SITE FOR ANY CLAIMS OR DAMAGES IN ANY FORM WHATSOEVER WILL BE LIMITED TO THE PRICE PAID FOR THE SUBSCRIPTION SERVICE FOR THE ONE-YEAR PERIOD PRIOR OT THE OCCURRENCE OF THE APPLICABLE CLAIM.

13.5 GOVERNING LAW AND VENUE. Any and all challenges and/or legal claims shall be governed solely in the county, state and country of this Site owner.

 

14  General

14.1 If a court or other competent authority holds any of these Terms to be void or unenforceable in whole or part, the other Terms and the remainder of the affected Terms shall continue to be valid.

14.2 Our failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of those or any other rights or remedies.

14.3 These terms may be updated at any time and without advance notification.

14.4 Entire Agreement. These Terms represent the entire Site Terms, Conditions, Notices and DISCLAIMERS for this Site, and supersede any and all prior or other written and oral communications. If there is a dispute among Terms between this Web Site Terms page and any other Site page, this Web Site Terms page shall prevail.

14.5 Section titles are for convenience only and have no legal or contractual effect.

14.6 Force Majeure.� We shall not be obligated to perform to the extent that such performance is delayed or prevented by circumstances beyond our control.