1. ACCESS TO THIS SITE
Des Moines Water Works reserves the right to deny access to this site to any person at any time for any any reason consistent with law.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Des Moines Water Works believes the information you provide is not correct, current, or complete, Des Moines Water Works may refuse you access to this site or any of its resources, and may terminate or suspend your access at any time.
2. RESTRICTIONS ON USE
3. PROPRIETARY INFORMATION
This site may be hyper-linked to other sites which are not maintained by, or related to, Des Moines Water Works. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Des Moines Water Works. Des Moines Water Works has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and Des Moines Water Works makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Des Moines Water Works of that site.
You hereby grant to Des Moines Water Works the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Des Moines Water Works through this site (together, the ‘‘Submission’’), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Des Moines Water Works will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Des Moines Water Works operations.
You understand that Des Moines Water Works cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Des Moines Water Works does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Des Moines Water Works. All persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to you.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘‘AS IS’’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DES MOINES WATER WORKS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DES MOINES WATER WORKS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED 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 IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DES MOINES WATER WORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DES MOINES WATER WORKS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT DES MOINES WATER WORKS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DES MOINES WATER WORKS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Des Moines Water Works does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
7. LIMITATION ON LIABILITY
DES MOINES WATER WORKS, AND ITS JOINT BILLING UTILITIES, AND THEIR RESPECTIVE TRUSTEES, GOVERNING BODIES, EMPLOYEES, AGENTS, OFFICERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ATTORNEY, AND CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ALL OF THE ABOVE PERSONS AND ENTITIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DES MOINES WATER WORKS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Trademarks, service marks, and logos appearing in this site are the property of Des Moines Water Works or the party that provided the trademarks, service marks, and logos to Des Moines Water Works. Des Moines Water Works and any party that provided trademarks, service marks, and logos to Des Moines Water Works retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
10. INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that:
· you do not have the right to post, including proprietary material of any third party;
· advocates illegal activity or discusses an intent to commit an illegal act;
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to this site;
· threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
· seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
· infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
· violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
· advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
· solicits funds, advertisers, or sponsors;
· includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
· disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
· includes MP3 format or other audio or video files;
· amounts to a ‘‘pyramid’’ or similar scheme;
· disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
· contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Des Moines Water Works will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Des Moines Water Works considers insecure, Des Moines Water Works will be entitled to require the password to be changed and/or terminate your account.
Last updated: October 2011.
© 2011 Des Moines Water Works.