Terms & Conditions of Use

Accuracy of Water-Related Data

This web site’s developers may collect and display data provided by third parties, such as news and reporting organizations; government agencies* at the local, regional, and federal levels; and others. The developers and editors cannot guarantee the accuracy of any specific information, or its completeness or timeliness, even if they have a high degree of confidence in those sources.

*Disclaimer included with data responses to database queries: Any data “…secured from the USGS NWISWeb database may include data that have not received Director’s approval and as such are provisional and subject to revision. The data are released on the condition that neither the USGS nor the United States Government may be held liable for any damages resulting from its authorized or unauthorized use.”

Google Maps

Any maps displayed are subject to terms imposed by the map provider. See the map’s terms for any restrictions, such as:

U.S. Government Restricted Rights. If the Products are being used or accessed by or on behalf of the United States government, such use is subject to additional terms located in the “Government End Users” section of Google’s Legal Notices page.

Concerning Use of This Web Site

h2oIQ, H2O IQ, and other phrases as may be indicated elsewhere, may be registered trademarks of Marlin Ouverson (“Owner”). Other product and company names may be trademarks or registered trademarks of their respective companies.

1. You may freely browse and download the public-facing materials found at this Site. You may not, however, distribute, modify, transmit, reuse, repost or use any of such materials for commercial purposes, without the express written permission of the Owner. All copyright and other proprietary notices contained in materials downloaded from the Site, as well as on the Site itself, must be retained in all uses.

2. You should assume that all contents of the Site are copyrighted, by the Owner or by third parties, unless otherwise noted and may not be used except as provided herein and without the express written permission of the Owner. Except as expressly provided, nothing contained herein shall be construed as conferring any license or right under any copyright, trademark, or other proprietary right. Yu can always contact the Site or the copyright owner, if different, with related requests.

3. All product names, logos, and trademarks displayed on the Site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of the Owner or any third party. No use of any Trademark may be made without the prior written authorization of its owner, except to identify the product or services of the company.

4. Images of people or places displayed on the Site are either the property of, or used with permission by, the Owner. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the Site or by the copyright holder, if different. Unauthorized use of the images may violate copyright, trademark, privacy, and/or publicity laws as well as communications regulations and statutes.

5. Each person assumes full responsibility and all risks arising from use of the Site. IN NO EVENT SHALL ANY OF the OWNER, OUR AFFILIATES, LICENSORS OR JOINT VENTURERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER THE OWNER OR ANY OF THE OTHER ENTITITES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses and other malware that may infect, your computer equipment. Without limiting the foregoing, everything on the Site is provided to you “AS IS” AND the Owner MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE. The Owner HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. The Owner MAKES NO REPRESENATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

6. Any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, gravatars/users’ avatar images, social indicators, or the like is, and will be treated as, non-confidential and non-proprietary information, and the Owner shall have no obligation of any kind with respect to such information. The Owner and any of our affiliates may use such data for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, the Owner and any of our affiliates shall be free to use such information, including, but not limited to, any ideas, concepts, know-how or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information.

7. This Site may link to other sites on the Internet. We believe our links from the Site meet regulatory guidelines and linked sites may be checked periodically for appropriate content. However, the Owner has not reviewed all of the sites that may be linked to the Site and we are not responsible for the content of any off-Site pages or any other sites linked to the Site that are outside our control. Your linking to any other off-Site pages or other sites is at your own risk. Please remember that such sites are not the Owner’s sites and the content on such sites could change without our knowledge. The opinions, claims, comments, or software contained in hyperlinked sites are those of the companies responsible for such sites and should not be attributed to the Owner in any manner. The Owner has not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. The Owner does not warrant, nor are we in any way responsible for, software on hyperlinked sites that are outside our control.

8. You are prohibited from posting or transmitting to the Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. The Owner may fully cooperate with any law enforcement authorities or court order requesting or directing the Owner to disclose the identity of anyone posting any such information or materials. The Owner assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, malicious, or otherwise damaging code or human language, or any inaccuracy contained in any information within the Site.

9. The Owner reserves the right to make additions, deletions, or modifications to the information or materials on the Site at any time without any prior notification.

10. The Owner cannot guarantee that all services, features, and functions of the Site will be available at all times. Similarly, he cannot guarantee that data it presents that originates from another site will always be available or current.

11. The Owner reserves the right to ban, mute, lock out of forums, and otherwise to restrict the activities and information available to any site user who does not abide by these terms and by other principles of good conduct in their use of the Site. The Owner or his agents, such as forum moderators, may decide to limit a user’s privileges in any way they see fit, at their own sole determination, even if the user is a donor to this project or is a paid member, at any level, with no obligation to refund or return any monies received from that person or organization. We intend to warn offending users before restricting them, but for the sake of a smooth-running online community we reserve the right to take even preemptive actions.

12. The Owner may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review current Terms and Conditions.

Leave a Reply

Your email address will not be published. Required fields are marked *