PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS WEB SITE (THE “SITE”) IS PROVIDED BY WEST VALLEY CLEANUP ALLIANCE, LLC (WVCA). BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AS WELL AS ALL OTHER POLICIES DESCRIBED IN THE SITE.
WVCA reserves the right, at its sole discretion, to change these terms without further notice. Use of the Site after any such changes constitutes acceptance of the new terms. Please do not use or download materials from this Site if you do not agree to abide to these or future terms.
WVCA may remove, modify or otherwise change any content, including that of third parties, on or from this Site. WVCA may impose limits on certain services or restrict access to parts or all of the Site without notice or liability. WVCA may terminate your use of the Site at any time at its sole discretion. The provisions of this paragraph shall not apply with respect to any specific services which WVCA has expressly committed to maintain in effect under an applicable paper-based written contract (including any contract amendment). The current and applicable version of these terms will be posted on the Site. You should review these terms prior to using the Site, and periodically, when you return to this Site as they may change without notice.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with WVCA.
Proprietary Rights
Copyrights
WVCA owns or has a license to use the copyrights in all contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without WVCA’s prior written permission.
Trademarks
Trademarks of WVCA and its affiliates may not be copied, imitated, or used, in whole or in part, without the prior written permission of WVCA. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners.
Inventions/Patents
WVCA’s or the U.S. government’s products and processes may be the product of an invention owned by WVCA or the U.S government, may be covered by one or more patents, and may be subject to other trade secret and proprietary rights. WVCA for its own inventions and patents, and on behalf of the U.S. government for U.S government inventions and patents, reserves all such rights.
Software
Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site or in an applicable paper-based written contract between you and WVCA, provided that such uses are not competitive with or derogatory to WVCA. WVCA or its affiliates or suppliers, or the U.S government, retains full and complete title to and all intellectual property rights in the Software.
Limitation on Use of Site
In using this Site, you represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials, or take any other actions, which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) disrupts or interferes with the security of the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site, (iii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iv) uses or attempts to use another’s account, service or system without authorization from WVCA or attempts to gain unauthorized access to portions of the Site which are restricted from general access, (v) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (vi) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (vii) contain a virus or other harmful component, (viii) contain any information, software or other material of a commercial nature, (ix) contain advertising of any kind, or (x) constitute or contain false or misleading indications of origin or statements of fact.
You may not modify, copy, transmit, display, perform, reproduce, license, publish, distribute, assign, sublicense, sell, create a derivative work from or make other use of the content of this Site. No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.
Indemnity
You hereby agree to indemnify, defend and hold WVCA, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the terms or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. WVCA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of WVCA.
Privacy
WVCA ‘s Privacy Policy is hereby incorporated by this reference. Please review WVCA ‘s Privacy Policy.
Communications
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to this Site, you hereby grant to WVCA a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against WVCA for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Third-Party Web sites and Content
The Site may contain links to third-party Web sites. Links to third-party Web sites are not under the control of WVCA, and WVCA is not responsible for the content, accuracy or opinions expressed in such Web sites, nor has WVCA investigated, monitored or checked for accuracy or completeness of any of such third-party Web sites. WVCA provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by WVCA of the site. If you decide to leave WVCA’s Site and access third-party sites, you do so at your own risk. If this Site contains content provided, posted or offered by third parties, you agree that neither WVCA nor its affiliates shall be liable to you whatsoever for any such third-party content.
All links to this Site are prohibited without the express written approval of WVCA.
Disclaimers
THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WVCA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WVCA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SITE CONTENT: (I) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE SITE OR SITE CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (III) ANY ERRORS WILL BE CORRECTED.
ANY SITE CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT WVCA AND ITS AFFILIATES AND THE U.S. GOVERNMENT SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WVCA AND ITS AFFILIATES AND THE U.S. OVERNMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WVCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE, INABILITY TO USE OR DELAY IN USE OF THE SITE OR SITE CONTENT UNDER ANY CAUSE OF ACTION WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.
