Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Published: December 15, 2017

American States Utility Services reserves the right to limit or terminate any User’s use at any time at its sole discretion. Any failure to comply with these Terms of Use will serve as the basis for immediate termination of access to and / or use of American States Utility Services’ website.

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.

By using this Site, User assents to these Terms of Use. If User does not agree to them, User should not continue to use this Site. User expressly acknowledges that use of this Site is at User’s sole risk.

Changes to the Terms of Use

American States Utility Services expressly reserves the right to make any changes to these Terms of Use, or to the Site content, at any time and without prior notice. When changes and/or updates are made to the content of materials or information on this Site, American States Utility Services is not liable for any damages that may arise because these changes may or may not be accurately reflected on the Site.

User has a continuing duty to view these Terms of Use periodically to stay informed of changes that may affect User, as User’s continued use of this Site manifests User’s continuing consent to the then-existing Terms of Use.

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.

Users are authorized to use this Site for non-commercial, informational purposes only. Users are solely responsible for using this Site in conformity with the law. No material or information from this Site may be copied, reproduced, republished, uploaded, entered into a database, posted, transmitted, distributed, displayed, performed, modified, made into a derivative work, or in any other way exploited except as authorized in these Terms of Use, as expressly authorized on the information or materials themselves, or as approved in writing by American States Utility Services.

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.

If User has reason to believe that there is improper information contained on the Site, such as a potential copyright or trademark infringement, User should contact American States Utility Services immediately at info@asusinc.com to report the concern.

Prohibited Conduct

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.

Continuous Service

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.

Indemnification

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.

General Provisions

This Terms of Use policy is the final and completely integrated understanding of the agreement between American States Utility Services and User regarding User’s use of this Site. These Terms of Use supersede any and all prior or contemporaneous agreements or understandings between American States Utility Services and User.

Any modifications or waivers of any of the provisions within these Terms of Use are not binding unless in a writing signed by American States Utility Services.

American States Utility Services’s electronically, or otherwise properly stored copy of these Terms of Use, is the true, complete and enforceable copy of these Terms of Use. User shall not contest the admissibility or enforceability of American States Utility Services’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. If any provision of these Terms of Use is declared unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other terms and shall not affect the validity and enforceability of the remaining provisions.

These Terms of Use, including the legal disclaimers and indemnification, shall be governed by and construed in accordance with the laws of the State of California.

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.

Contact Us

If you have any questions or comments about the Terms of Use, please contact us. You may contact American States Utility Services by calling (540) 710-9203 or by e-mailing us at contactus@asusinc.com (please put “Terms of Use” in the subject line).

Updated December 15, 2017

© 2017 American States Utility Services. All rights reserved.