Stormwater Risk Management, LLC (“SRM”) provides web sites, web applications, training materials and supporting installable software (the “SRM Services”) to you, your company or your organization (“You” or “Your”) subject to Your acceptance of the terms and conditions (the “Terms of Use”) described below.
Acceptance of Terms
By accessing and using the SRM Services, You signify Your agreement to all terms, conditions, and notices contained or referenced herein. Terms of Use may change anytime at SRM’s discretion. You must check periodically for changes in our Terms of Use. You may review the current Terms of Use at http://www.stormwaterrm.com/tou. Using the SRM Services following the posting of any changes to the Terms of Use constitutes Your acceptance of such changes.
Proprietary Rights
By using the SRM Services You agree that all content and materials available are proprietary and are protected by copyrights, trademarks, service marks, trade secrets, intellectual property or other rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content for Your own commercial benefit without SRM’s prior written permission. You may, however, print or download the materials or content, provided You keep intact all copyright, proprietary notices and include any SRM trade or service marks on any copies. Reverse engineering, collecting data, viewing programming code or any other content from the SRM Services with the intent of creating, directly or indirectly, a database, software program or training program of a similar nature is also expressly prohibited without written permission from SRM. You may not access the SRM Services if You are our direct competitor or a direct competitor of our affiliates, except with SRM’s prior written permission.
User Conduct
The files, photographs, text and any other information (the “Content”) uploaded or posted to the SRM Services is the sole responsibility of the person that created the Content. SRM is not responsible for any Content uploaded or posted by You or other users that may be unlawful, objectionable or incriminating.
You agree that You will NOT:
A) upload or post any Content that is unlawful, abusive, threatening or vulgar;
B) attempt to access the SRM Services with logon credentials other than those assigned to You;
C) attempt to access Content belonging to another user that You have not been granted access to;
D) collect another user’s Content for a purpose that may infringe on their privacy.
Privacy Policy
SRM collects information about Your use of the SRM Services to document the viewing, creation and modification of Content and to record usage information to improve the SRM Services. SRM will not share Your personally identifiable information with other organizations without Your consent. SRM may use Your Content to provide anonymous reporting to other organizations.
Disclaimer Of Warranties
THE CONTENT, MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN THE SRM SERVICES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS AND ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE SRM SERVICES ARE PROVIDED WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SRM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SRM SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SRM SERVICES IS SOLELY AT YOUR RISK.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL SRM, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM:
A) THE USE OF, OR INABILITY TO USE, THE SRM SERVICES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS;
B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SRM SERVICES;
C) THE MATERIALS INCLUDED IN THE SRM SERVICES;
D) ANY OTHER MATTER RELATED TO THE SRM SERVICES, EVEN IF SRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WHERE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SRM’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Users agree to defend, indemnify, and hold harmless SRM, its subsidiaries, other affiliated companies, and the employees, contractors, officers, and directors of each from all liabilities, claims, and expenses, including reasonable attorney’s fees, which arise from Your use or misuse of the SRM Services or by use of any other user/member of Your account. Indemnification extends to any claims made by any third party due to or arising out of Your use of the SRM Services or infringement by You of any intellectual property or other right of any person or entity. SRM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with SRM in asserting any available defenses.
Legal Jurisdiction Used for Disputes
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or Your use of the SRM Services shall be filed only in the state courts located in Denver County, Colorado, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability
Unless otherwise specified herein, this agreement constitutes the entire agreement between You and SRM with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and SRM with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Links to Third Party Sites
The SRM Services may link You to other web sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of SRM, and You acknowledge that SRM is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by SRM or any association with its operators.
User Support
You understand that SRM has no actual or implied obligation to provide any assistance, including any technical or customer support, in the use of the SRM Services, and that Your use of the SRM Services is at Your own risk.
Termination
SRM reserves the right, in its sole discretion and at any time to:
A) terminate Your access to all or part of the SRM Services, with or without notice;
B) modify or discontinue the SRM Services;
C) limit, terminate or suspend Your use of all or portions of the SRM Services.