Website Terms of Use

 

BY ACCESSING, VIEWING, OR USING THIS SAN JOSE WATER COMPANY ("SJWC") WEBSITE ("WEBSITE") YOU INDICATE THAT YOU UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER.

SJWC reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. Therefore, you are responsible for periodically checking these Terms of Use for changes. Your use of the Website is governed at all times by these Terms of Use.

1. Your Conduct and Use of the Website

As a condition of your use of the content or services provided on the Website, you agree that you will not use the content or services for any purpose that is unlawful or contrary to the Terms of Use. You may not use the content or services in any manner that could damage, disable, overburden, or impair the content or services. You may not attempt to gain unauthorized access to any account, computer system or network associated with the Website.
You are solely responsible for all content that you upload or otherwise transmit via the Website. You agree not to upload or otherwise transmit via the Website content that (i) includes unauthorized disclosure of personal information, (ii) is inaccurate, harmful, obscene, defamatory, racist, violent, offensive, harassing, or otherwise objectionable, or (iii) violates or infringes anyone's intellectual property rights.
You agree that you will not use the Website to (i) pretend to be SJWC or someone else, (ii) transmit spam, bulk or unsolicited communications, (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content or services associated with the Website, (iv) collect or store personal information about other users, or (v) misrepresent your affiliation with any person or entity.
If you enroll or register for the Electronic Bill Presentment and Automatic Payment Service ("Paperless Billing"), your use of Paperless Billing will also be governed by the Paperless Billing Terms and Conditions, available on the Paperless Billing portion of this site.

2. Third Party Website, Content, Products and Services

The Website may display links to third party websites. You agree that SJWC is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posed by the other website regarding privacy and terms of use before you use them. If you choose to use content or purchase products from a third party, your relationship is directly with the third party, and SJWC is not responsible for any of the third party products or services.

3. Termination of Use

You agree that SJWC may, in its sole discretion, at any time terminate your access to the Website and any account(s) you may have in connection with the Website.

4. Intellectual Property Rights

All content on the Website, including without limitation, all trademarks, service marks, logos, text, graphics, images, logos, and software is the intellectual property of SJWC and is protected by U.S. and foreign laws and conventions. Except as expressly authorized by SJWC, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Website content or services. You may not use any meta tags or any other hidden text utilizing SJWC's name or trademarks without the express prior written permission of SJWC. If you believe that any content on the Website infringes another party's intellectual property rights, please contact SJWC promptly.

5. Disclaimer

THIS WEBSITE, THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SJWC (INCLUDING ITS AFFILIATES AND SUBSIDIARIES) MAKES NO WARRANTY THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SJWC OR A SJWC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

6. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SJWC (INCLUDING ITS AFFILIATES AND SUBSIDIARIES) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), COSTS OF COVER, OR ANY OTHER SIMILAR DAMAGES OR LOSS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF SJWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification and Release

You agree to defend, indemnify, and hold harmless SJWC (including its affiliates and subsidiaries), and their officers, directors, employees, agents, successors or assigns from any and all claims, liabilities, costs, expenses (including attorney's fees) arising in any way from your use of the Website or use of your account(s). In addition, you hereby release SJWC from any and all claims for damages (actual or consequential), costs, or expenses of any kind or nature whatsoever, that you may have against SJWC arising our of or in any way related to any content or services made available at the Website. You hereby agree to waive all laws that may limit the efficacy of such releases.

8. General Terms

These Terms of Use constitute the entire agreement between SJWC and you with respect to your use of the Website. No modification to the Terms of Use, or waiver of any of the terms herein, will be binding, unless in writing and signed by an authorized SJWC representative. Any waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement.
You must not assign or otherwise transfer the Terms of Use or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use SJWC or third party products or services.
If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.
These Terms of Use are governed by the laws of the State of California without regard to conflicts of laws provisions. You agree to the exclusive jurisdiction and venue for the state courts located in Santa Clara County, California or the federal courts located in the Northern District of California, as appropriate, for any claim arising out of or relating to these Terms of Use.

9. Contact Information

If You have any questions regarding these Terms of Use, please contact SJWC at 408-279-7900. If You have any other questions regarding the Website, please contact SJWC at 408-279-7900.

Copyright © 2011, SJWC. All rights reserved.