TERMS OF USE

Welcome to the Alliance for Water Efficiency ("AWE") website ("Site"). This website is provided as a service of AWE.

Agreement

By using the Site, you agree to this Terms of Use (“Terms of Use” or “Agreement”). AWE reserves the right to change these Terms of Use from time to time. The current “Terms of Use” will always be posted on the Site, and you may view them at any time through the link at the bottom of any public page of the Site.

Your Voluntarily Supplied Personal Information and Our Privacy Policy

By using the Site, and completing any of the online forms within, you agree to the terms of our Privacy Policy, which is incorporated by reference.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

AWE has no obligation to monitor the any such Communication Services. However, AWE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AWE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.\

AWE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AWE's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AWE does not control or endorse the content, messages or information found in any Communication Service and, therefore, AWE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AWE spokespersons, and their views do not necessarily reflect those of AWE.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Intellectual Property

The entire contents and design of the Site, including all trademarks, logos, trade names, documents, databases, graphic representations, and other information, are the property of AWE, or are used by AWE with permission, and are protected under U.S. and international copyright and trademark laws, whether or not a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. Except as otherwise provided herein, users of the Site may save and use information contained on the Site only for personal or other non-commercial, educational purposes. No other use, including, without limitation, reproduction, retransmission, or editing, of Site information may be made without the prior written permission of AWE, which may be requested by contacting AWE at contact@a4we.org

Limitation of Liability

In no event shall AWE or its officers, directors, members, staff, or agents be liable for any damages of any kind, including, without limitation, any special, incidental, indirect, or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of, or in connection with, the use or performance of the Site or any content appearing on the Site.

Disclaimer

AWE makes no warranty, guaranty, or representation regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within the Site, including, without limitation, the warranties of merchantability, fitness for a particular use, and non-infringement of proprietary rights. The information, opinions, and recommendations presented within the Site are for general information only. Unless specifically stated otherwise, AWE does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the Site, and information from the Site should not be referenced in any way to imply such endorsement or approval. Moreover, AWE makes no warranty that the Site, or the server that makes it available, is free from viruses, worms, or other elements or codes that manifest contaminating or destructive properties. AWE expressly disclaims any and all liability or responsibility for any direct, indirect, incidental, consequential, special, or other damages arising out of any individual’s use of, reference to, reliance on, or inability to use the Site or the information presented on the Site. In any jurisdiction that does not permit such a disclaimer of liability, AWE’s liability shall be limited to the greatest extent allowed by applicable law.

External Links

Links or pointers connecting the Site with other Internet sites are provided as a courtesy only and do not imply, directly or indirectly, the endorsement, sponsorship, or approval by AWE of the linked site, the organization or individual operating the linked site, or any product, service, individual, or organization referenced in the linked site. In general, any website that has an address (or URL) that does not contain “allianceforwaterefficiency.org” is a linked site. The content of any linked site does not necessarily reflect the opinions, standards, or policies of AWE. Some linked sites are not under the control of AWE, and AWE is not responsible for the content of any such linked site, any links contained within a linked site, any changes or updates to such sites, or the compliance with applicable laws of such linked sites.

DMCA Notice and Takedown Procedures

AWE abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of its response, AWE may remove or disable access to material on the Site that is claimed to be infringing, in which case, AWE will make a good-faith attempt to contact the person who submitted the affected material so that person may make a counter notification, also in accordance with the DMCA. By posting material to the Site, the posting party represents and warrants that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants AWE and users of the Site the nonexclusive, unrestricted, royalty-free right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Anyone who believes that material posted on the Site infringes on his or her copyrighted work should refer to the NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT below.

Choice of Law and Forum

This Agreement is entered into and performed in the State of Illinois, USA, and is governed by the laws of Illinois, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Site, each party irrevocably submits to the exclusive personal jurisdiction of the state courts located in Cook County, Illinois, or the United States District Court for the Northern District of Illinois, whichever has jurisdiction, and each party waives any jurisdictional, venue, or inconvenient forum objections to such court.

Complete Agreement

If any provision or provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. These Terms of Use supersede any other statements included elsewhere on the Site that are inconsistent or conflict with these Terms of Use.

Amendments

AWE reserves the right to modify or change the terms and rules for use of the Site as it determines from time to time in the best interests of AWE. Use of the Site constitutes the user’s continuing agreement to be bound by these Terms of Use, as they are amended from time to time.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe any material on the Site infringes a copyright you own or control, you may submit written notification to:

Alliance for Water Efficiency
Attn: Legal Department
33 N. LaSalle St., Ste. 2275
Chicago, IL 60602

To be effective, the written notification must meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. Section 512, and include the following:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred as of result of our relying on such misrepresentation in removing or blocking the material.

Please note that this procedure is exclusively for notifying AWE that your copyrighted material has been infringed.