Web Site Terms of Use, Disclaimers & Privacy Statement

In visiting the Western-Water.com web site at http://www.western-water.com (hereinafter referred to as "the Web Site"), you are hereby notified that the following policies, disclaimers, and terms of use are in effect. Your online session at the Web Site means that you have accepted these policies and agree with them. These policies may be amended or updated at any time, at the sole discretion of the Web Site, its owners and principals, without notice.

No additional notice of any kind for any reason is due and you expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the Web Site.

No Legal Advice Intended.

The information and materials contained in the Web Site are not, nor are they intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Loss of Data; Viruses.

All reasonable precautions are made to ensure the availability of the Web Site and to ensure that any information electronically submitted by a visitor is stored until intentionally deleted pursuant to the terms herein. However, there may be events beyond the control of the Web Site and its owners, operators, and hosting providers that will cause the site to "crash" and lose electronic data. In such events, the Web Site, its employees, agents, webmasters and providers, are not liable for the loss of any data transmissions. Reasonable precautions are also taken to ensure that the Web Site is free of viruses, trojans, adware, spyware and other intrusive and unauthorized programs (collectively, "intrusive programs"). In the event that such programs invade the Web Site, all reasonable efforts will be made to remove such intrusive programs and the Web Site, its employees, agents, webmasters and providers are not liable for any damages and intrusive program installations that may affect any visitor to the Web Site or any email recipient of electronic transmissions from the western-water.com domain. The Web Site, its employees, agents, webmasters and providers do not engage in the practice of using spyware, adware or other intrusive programs to view and/or gather data about its visitors. Web visitors are encouraged to ensure that their computer systems are updated with appropriative anti-virus, anti-adware and other protective software programs.

Content.

The Web Site does not guarantee that any information on the Web Site is complete or up-to-date.  The Web Site does not guarantee that any information provided by third parties on the weblog or news submissions are complete, accurate or up-to-date.

The Web Site disclaims any responsibility for the accuracy of the content of the Web Site or the accuracy of water calculators provided on the Web Site. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the Web Site, you have no right to rely on any information contained herein as accurate. The Web Site makes no such warranty.

In addition to the foregoing comments with respect to the accuracy of content, the auction service is also subject to an additional user agreement (which is linked on the auction pages' footer).

Minors.

The Web Site is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.

Because of the nature of the World Wide Web, the Web Site cannot prohibit minors from visiting this site. The Web Site must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Parents and guardians are encouraged to read our Privacy Policy set forth herein.

No Endorsement of Third Parties.

The Web Site contains links to third party web sites for informational purposes as a convenience to visitors to the Web Site. In addition, the Web Site publishes articles, stories, press releases and comments submitted by visitors to the Web Site for informational purposes.  In providing these links and information, the Web Site does not necessarily endorse the content of said third party web sites, nor does it provide an endorsement, express or implied, of the services, information or products offered by such linked third parties.

Editorial Privilege.

The Web Site has the sole and exclusive right to edit or reject submissions to the Web Site in the blog, or in the comments field, or any other online submission service provided by the Web Site as a convenience to its visitors.

Copyright.

All original content included on the Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Web Site or its content suppliers, and protected by United States and international copyright laws. Graphic images are expressly licensed through the Internet provider, LegalTech, and LegalTech's paid IStockPhoto graphics licenses, and may not be copied or downloaded under any circumstances. The compilation of all content on this site is the exclusive property of the Web Site and protected by U.S. and international copyright laws. Notice is given that copyright infringement and theft of graphics will be prosecuted.

FAIR USE NOTICE. For reference and informational purposes, the Web Site contains summaries copyrighted material the use of which has not always been specifically authorized by the copyright owner. The Web Site makes such material available in an effort to advance awareness and understanding of issues relating to water matters facing the west, conservation, the environment, water law, etc. The Web Site, its agents, principals, webmasters and representatives believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this Web Site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information please visit: http://www.law.cornell.edu/uscode/17/107.shtml (new window). If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission directly from the copyright owner.

All press releases, articles, stories, comments or other materials submitted by third parties and visitors to the Web Site (submissions) must include a copyright notice and notice of publishing authorization if the material is being submitted under copyright. In submitting content to the Web Site, you expressly authorize the Web Site to publish said content.

You agree as a condition of viewing, that any communication between you and the Web Site is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Web Site and may be used, without further permission, for commercial use without additional consideration of any kind. You agree to only communicate that information to the Web Site, which it wishes to forever allow the Web Site to use in any manner as it sees fit. 

Use of the RSS Feeds.

The RSS feeds provided on Web Site may be used freely on your blogs and websites provided that (a) you do not alter the content, (b) you do not claim copyright to the content, and (c) the feed is used exactly as presented.

Privacy Policy.

The following is a privacy policy for the Web Site:

Contact Information. The homepage on the Internet is located at http://www.western-water.com You may contact the Web Site by postal mail at:

Western-Water.com c/o LegalTech

Post Office Box 2531

Pinetop, Arizona  85902 United States

You may contact the Web Site by e-mail at webmaster@western-water.com. You may also contact the Web Site by phone at 866-794-9273.

Opt-In / Opt-Out. The Web Site provides an electronic newsletter. Subscriptions to the newsletter are voluntary. If you wish to either voluntarily opt-in or opt-out of the use of your email subscription, you may do so by visiting the link provided in each electronic newsletter (email).  Email subscriptions include a double opt-in to avoid spam.

Voluntary Data Collection. The Web Site contains a contact form for electronic newsletters and on the blog. All information submitted by you must be submitted on a voluntary basis. The following data is collected from the contact page:

* Name

* Email

* In the case of blog submissions or comments, text that is authored for publication on the Web Site.

* IP address (to track fraudulent queries)

Anonymous and Involuntary Data Collection. When visiting web sites certain information about you and your computer can sometimes be collected. This section explains what information the Web Site collects, and how it is used.

Please note that all of the involuntary data collection outlined below is ANONYMOUS meaning that only the IP is recorded and not your personal data:

* Click-Stream Data. Virtually all web sites collect click-stream data. This data includes information such as which page was accessed, the time of the access, IP of the visitor etc. This information is typically stored in web access logs.

* HTTP Protocol Information. This includes information such as the referring page, browser type, operating system etc.

* User's Resource Interaction. Exist pages and how long a visitor remained on a page, which buttons were clicked, etc., are stored in the server logs.

* Search Terms. Search terms used on search engines or within the Web Site by visitors to the Web Site.

The involuntary, non-personal data collected on the Web Site's server is used for technical administration, marketing and research purposes.

Cookies. The Web Site uses cookies on the Web Site to allow you to store your usernames, passwords and other information on the blog, in the auction area, and in comments fields. 

External Links. The Web Site contains links to other sites (third party links) for informational purposes and as a courtesy to its visitors. The Web Site is not responsible for and makes no representation concerning the privacy practices or the content of such third party links, including without limitation, data collection, cookies and other practices on external web sites.

Dispute Resolution. Disputes will be handled under the applicable laws of the State of Arizona. Pursuant to applicable law, any disputes involving errors will promptly correct

If you have questions about these policies, please contact the Web Site at the address above.

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Last updated 10/12/2007