Published: December 15, 2017
This website (“Site”) is operated and maintained by American States Utility Services, a wholly owned subsidiary of American States Water Company, collectively known as “American States Utility Services.” “User” refers to an individual or entity accessing this Site.
Intellectual Property; Use of Materials
All content, information, computer code, software and other materials that are part of the Site are the property of American States Utility Services or its third-party licensors and may be protected under the copyright laws of the United States and other countries. The User acknowledges that all copyrights and other intellectual property rights related to the Site are owned by American States Utility Services or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws.
To the extent a User posts or otherwise provides feedback through the Site or otherwise, the User gives American States Utility Services the right to use and display such feedback, including to improve its services, in connection with proposals, and for promotional and marketing purposes. Specifically, you grant American States Utility Services an irrevocable, world-wide, fully-paid, royalty-free license to use and display the User’s feedback as described in the foregoing sentence.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Site, whether or not appearing in large print or with the trademark symbol, belong exclusively to American States Utility Services or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of American States Utility Services, its affiliates, or any third party.
You may not access or use, or attempt to access or use, the Site to take any action that could harm American States Utility Services, its affiliates, or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, and without limitation, you may not:
• Make use of the contents of the Site in any manner that constitutes an infringement of the rights of American States Utility Services, other users or third parties, including copyrights.
• Upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site.
• Interfere with the servers or networks connected to the Site or violate any of the procedures, policies or regulations of networks connected to the Site.
• Take any action that imposes an unreasonable or disproportionately large load on any network or infrastructure, use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site, or otherwise take any action that violates or threatens the systems or network security.
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.
Disclaimer of Liability
The materials on this Site are provided “AS IS” and without warranties, representations, conditions, or guaranties, of any kind. American States Utility Services explicitly disclaims all warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
American States Utility Services does not warrant nor make any representations regarding the use, content, or the results of the use of the materials or information on this Site, or the accuracy, adequacy, completeness, legality, reliability, or usefulness of any of the materials and/or information reflected on this Site American States Utility Services shall not be held liable for any unauthorized or improper use of the materials or information described and/or contained on this Site and assumes no responsibility for User’s use of them.
American States Utility Services does not warrant that the functions contained in the materials in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site, or the server that makes it available, are free from viruses or other harmful components. It is User’s sole responsibility to safeguard against such risks while using this Site.
Limitation of Liability
In no event shall American States Utility Services be liable for any direct, indirect, incidental, special, exemplary, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (or any combination thereof) arising in any way out of the use of this Site or the materials and/or information contained herein.
This disclaimer of liability applies to any damages or injury, including, but not limited to, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, American States Utility Services’ liability in such jurisdictions shall be limited to the maximum extent permitted by law.
User acknowledges that, due to the dynamic nature of the Internet, materials and information freely available one day may be restricted the next day, or undiscoverable due to changes in the organization of menus, homepages or files.
Disclaimer of Content or Representations Made By An Off-site Website
Reference on this Site to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute nor imply an endorsement, recommendation or favoring by American States Utility Services.
American States Utility Services is not responsible for the contents of any off-site materials referenced on, or hyper-linked from, this Site. The User voluntarily and explicitly acknowledges that American States Utility Services is not liable for the defamatory, offensive or illegal conduct of other users, links, websites or third parties and that the risk of injury from the foregoing rests entirely with the User.
Links from this Site to other sites on the Web do not constitute an endorsement from American States Utility Services. These links are provided for informational purposes only. It is the User’s responsibility to evaluate the content and usefulness of the materials and/or information obtained from other sites.
To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless, American States Utility Services and its parent, affiliates, and their directors, officers, employees and/or agents, from and against all liabilities, claims and expenses, including attorneys’ fees, arising out of the User’s use of this Site, or the User’s use of the materials or information contained on this Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Any legal or equitable cause of action arising from or relating to User’s use of this Site must be brought within one (1) year after the cause of action arises.
Updated December 15, 2017
© 2017 American States Utility Services. All rights reserved.