Use. CalSAWS CONSORTIUM hereby grants you a nonexclusive, nontransferable license to access and use the Website and to view and download a copy of the text and images made available to you by CalSAWS CONSORTIUM (the “Content”) for learning more about the CalSAWS CONSORTIUM. You may use the Website only for the retrieval of the Content and shall comply with all applicable laws and regulations with respect to use of the Website and the Content hereunder. You do not acquire any right of ownership or title in the Website or Content or any other licensed rights in them. All right, title and interest in and to the Website and Content will at all times remain the property of CalSAWS CONSORTIUM and its license(s) and service providers.
Restrictions. Your right to use the Website and Content is personal to you. You may not: (i) use, copy or disclose the Website or the Content except as permitted by this Agreement; (ii) use the Website or the Content for time-sharing, rental or service bureau purposes; (iii) sell, sublicense, resell, or otherwise transfer your right to use the Website or the Content; (iv) modify, reverse engineer, decompile or disassemble any part or all of the Website or Content; or (v) create or attempt to create derivative works based on or of the Website or the Content, in whole or in part.
Feedback. If any reader of the Content or other CalSAWS CONSORTIUM published information responds with information, including but not limited to feedback data, such as questions, comments, or suggestions regarding the Content or other CalSAWS CONSORTIUM published information, such information shall be deemed to be non-confidential and may be subject to disclosure as a public record. CalSAWS CONSORTIUM shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose or distribute such information to others without limitation. CalSAWS CONSORTIUM shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
Links. Neither CalSAWS CONSORTIUM nor the parties providing services to CalSAWS CONSORTIUM in relation to the project (collectively, “Contractors”) are responsible for the contents of any linked or off-site pages that reference, or that are referenced by, this Website. The user specifically acknowledges that neither CalSAWS CONSORTIUM nor the Contractors are liable for any defamatory, offensive, misleading or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user. Links on this Website to other sites, or from other sites to this Website, do not constitute an endorsement by CalSAWS CONSORTIUM or the Contractors. Such links are for convenience only. CalSAWS CONSORTIUM and the Contractors cannot control or guarantee the relevance, timeliness, or accuracy of off-site pages that reference, or that are referenced by, this Website. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites.
Monitoring. For site security purposes and to ensure that this service remains available to all users, this Website may employ software programs to monitor all network traffic, including unauthorized attempts to upload or change information, or otherwise cause damage. Unauthorized attempts to upload information or change information on this Website are strictly prohibited and will be prosecuted to the fullest extent of the law. CalSAWS CONSORTIUM reserves the right to perform statistical analyses of user behavior and characteristics in order to, among other things, measure interest in and use of the various areas of the site. Anyone using this Website expressly consents to such monitoring and is advised that, if such monitoring reveals possible evidence of criminal activity, further legal action may be taken.
Disclaimers of Warranties. CalSAWS CONSORTIUM AND THE CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION THE SUITABILITY OF THE CONTENT AND OTHER INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE OR AS TO THE QUALITY, CONTENT, ACCURACY, ADEQUACY, RELIABILITY, LEGALITY, OR COMPLETENESS OF THE CONTENT. UNLESS OTHERWISE NOTED, THE INFORMATION DOES NOT REPRESENT THE OFFICIAL STATEMENTS OR VIEWS OF C-IV OR THE CONTRACTORS. YOUR ACCESS TO AND USE OF THE WEBSITE, SUCH CONTENT AND OTHER INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CalACES CONSORTIUM AND/OR ITS CONTRACTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND OTHER INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY.
WITHOUT LIMITATION OF THE FOREGOING PARAGRAPH, CalSAWS CONSORTIUM AND ITS CONTRACTORS DO NOT WARRANT THAT: THE WEBSITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS; THE WEBSITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION ITS OPERATION, OR THE SERVICES WILL BE ERROR-FREE; ALL DEFECTS WILL BE CORRECTED; THE WEBSITE AND THE CONTENT WILL FUNCTION PROPERLY IN COMBINATION WITH YOUR EQUIPMENT; OR THE FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Limitation of Remedies. YOUR SOLE AND EXCLUSIVE REMEDY FROM YOUR INABILITY TO USE OR ACCESS THE WEBSITE OR THE CONTENT, DEFECTS IN THE WEBSITE, OR ANY OTHER MATTER ARISING FROM YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE THAT CalSAWS CONSORTIUM SHALL USE REASONABLE EFFORTS TO PROVIDE TO YOU WITH A COPY OF THE CONTENT IN AN INDUSTRY STANDARD ELECTRONIC FORMAT OR A PAPER COPY OF THE CONTENT, AT CalSAWS CONSORTIUM’S SOLE DISCRETION. THE OBLIGATIONS OF CalSAWS CONSORTIUM AND ITS CONTRACTORS AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE GIVEN IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF CalSAWS CONSORTIUM AND ITS CONTRACTORS.
Internet Disclaimer. ACTIONS OR INACTION OF THIRD PARTIES MAY RESULT IN SITUATIONS IN WHICH YOUR INTERNET CONNECTION, USE OF THE WEBSITE, THE CONTENT OR OTHER INFORMATION MAY BE IMPAIRED, DISRUPTED OR DAMAGED. CalSAWS CONSORTIUM AND ITS CONTRACTORS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE INTERNET, AND SO DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH ACTIONS OR INACTION.
Limitation of Liabilities. IN NO EVENT SHALL CalSAWS CONSORTIUM OR ITS CONTRACTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL, OR DAMAGE TO SYSTEMS OR DATA, WHETHER IN AN ACTION FOR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF C-IV OR ITS CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination. This Agreement is effective immediately upon your use of the Website and shall continue until terminated as described in this section. CalSAWS CONSORTIUM may suspend or terminate this Agreement immediately if you breach this Agreement and fail to cure such breach within 10 days after receipt of notice. Termination will not limit a party from pursuing any other remedies available to it. All rights and obligations that should by their nature survive will survive any termination of this Agreement. Upon termination, you will make no further use of the Website, and, within 10 days thereafter, you will return to CalSAWS CONSORTIUM all materials provided to you by CalSAWS CONSORTIUM related to the Website, if any.
Waiver, Severability, Amendment. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect. This Agreement may be amended only in a document signed by authorized representatives of you and CalSAWS CONSORTIUM .
Governing Law. This Agreement shall be governed by California law excluding its conflicts of laws principles. Venue for any action between the parties shall be San Bernardino County, State of California.