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Terms of Use

KENTUCKY WATER & WASTEWATERS

OPERATORS ASSOCIATION

WEBSITE TERMS AND CONDITIONS

 

Introduction

 

Please read the following information carefully.  This website and its related services are provided subject to your compliance with the terms and conditions set forth below.  Your continued use of this website indicates your agreement to be bound by the terms and conditions set forth below.  If you disagree with these terms and conditions or any part of these terms and conditions, promptly exit this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to the Kentucky Water & Wastewater Operators Association's (KWWOA’s) use of cookies in accordance with the terms of KWWOA's privacy policy.

License to use website

Unless otherwise stated, KWWOA and/or its licensors own the pages and material within this website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • you shall not post unauthorized commercial communications (such as spam) on this website, outside of those allowed by members; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without KWWOA’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without KWWOA’s express written consent. 

Restricted access

Access to certain areas of this website is restricted.  KWWOA reserves the right to restrict access to areas of this website, or indeed this entire website, at KWWOA’s discretion.

If KWWOA provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

KWWOA may disable your user ID and password at KWWOA’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to KWWOA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to KWWOA the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or KWWOA or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

KWWOA reserves the right to edit or remove any material submitted to this website, or stored on KWWOA’s servers, or hosted or published upon this website.

Notwithstanding KWWOA’s rights under these terms and conditions in relation to user content, KWWOA does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  KWWOA makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, KWWOA does not warrant that:

  • this website will be constantly available, or available at all;
  • the information on this website is complete, true, accurate or non-misleading;
  • the information found on other websites accessed through this website are accurate nor do we endorse or accept responsibility for the content, or the use, of the linked site.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. You assume total responsibility and risk for your use of this website, its related services , any hyperlinked websites.  If you require advice, you should consult an appropriate professional.

Limitations of liability

KWWOA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, incidental, special, exemplary, consequential, punitive loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if KWWOA has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, KWWOA has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against any of KWWOA’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KWWOA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KWWOA.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify KWWOA and undertake to keep KWWOA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KWWOA to a third party in settlement of a claim or dispute on the advice of KWWOA’s legal advisers incurred or suffered by KWWOA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to KWWOA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, KWWOA may take such action as KWWOA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

KWWOA may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

KWWOA may transfer, sub-contract or otherwise deal with KWWOA’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.  You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable or if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with KWWOA’s Privacy Policy constitute the entire agreement between you and KWWOA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the Commonwealth of Kentucky law and any disputes, claims or causes of actions relating to these terms and conditions will be resolved exclusively in the U.S. District Court for the Western District of Kentucky or a state court located in Franklin County, Kentucky.  You agree to submit to the personal jurisdiction of such courts for the purposes of litigating such claims.

Organizational detail:

The full name of KWWOA is the Kentucky Water & Wastewater Operators Association.  KWWOA is a non-profit registered with the Kentucky Secretary of State under registration number 61-1154137.  KWWOA’s address is P.O. Box 700, Lawrenceburg, KY 40342.  You can contact Lisa B. Detherage, Member Services Director, by email at Lisa@kwwoa.org or via phone at 502-352-0510.

Credit:  This document was created with revisions using a Contractology template available at http://www.freenetlaw.com.

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