Terms of Service

These Terms of Use govern your use of the San Joaquin Tributaries Authority (SJTA) website (SJTribs.org), as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”) and your responsibilities as a user. By accessing and using this Site, you are agreeing to be bound by and comply with these Terms of Use. SJTA reserves the right to change these Terms of Use by posting changes on this Site. Your continued use of the Site following posting of any changes will constitute your acceptance of the changes.

These Terms of Use constitute a contractual agreement between you and SJTA. Please read these Terms of Use carefully before using the Site. Your use of the Site affirms your acceptance of and agreement to abide by these Terms of Use. If you do not agree to these Terms of Use, do not continue to use the Site.

Please direct any questions or comments you have concerning the Terms of Use to SJTA email (admin@SJTribs.org).

General Use Restrictions

All information, documents, trademarks, logos, graphics, images and other proprietary materials provided on the Site are subject to trademark, service mark, copyright and/or intellectual property rights or licenses held by SJTA or by third parties who have licensed their material to SJTA.

The content of the Site is intended for the personal, noncommercial use of visitors to the Site. As a user or strategic partner, SJTA grants you the limited right to display these proprietary materials only on your personal computer and to copy and download, print, and store the proprietary materials for your personal, noncommercial use, provided that all copyright and trademark notices located on the proprietary materials appear on the materials copied or downloaded. You agree not to use the proprietary materials for any other purpose or to edit, alter, or enhance them, without prior written consent of SJTA.

Commercial use or broadcasting or otherwise disseminating any information in the proprietary materials in any media, without prior written approval from SJTA, is strictly prohibited. For example, you may not post any content from the Site to news groups, mail lists or electronic bulletin boards. In addition, you may not “frame” or “mirror” any proprietary materials or other content contained on or accessible from this Site on any other server or Internet-based device without first obtaining written authorization. SJTA reserves complete title and full intellectual property rights of any content you download from this Site. This limited right granted to you by SJTA to use the proprietary materials terminates automatically, without notice to you, if you breach any of the Terms of Use. Upon termination you agree to destroy immediately any downloaded or printed proprietary materials.

Security rules

You agree not to violate or attempt to violate the security of or interfere with the operations of the Site, including without limitation, (a) accessing data that you are not authorized to access or that is not intended for your use; (b) testing the vulnerability of or breaching the security or authentication measures of any system or network related to the Site; (c) interfering with service to any other user, host or network; or (d) attempting to do any of the foregoing actions.

Disclaimer of Warranty and Limitation of Liability

Your use of the Site is at your sole risk. The materials and information on this Site are provided on an “as is” and “as available” basis and are for personal use only. To the maximum extent permitted by applicable law, SJTA disclaims all guarantees and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, any expectation of privacy, accuracy or completeness or non-infringement of third party rights as to the operation of this Site or the information, content or materials on or obtained through this Site, or other third parties. SJTA does not warrant that the functions contained anywhere on the Site or through the use of the Services or in the materials including on the Site will be uninterrupted or error free, that defects will be corrected or that this Site, any materials or any server used by SJTA are free from viruses or other harmful components.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL SJTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE IN ANY WAY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE FOR ANY INFORMATION, CONTENT OR MATERIALS ON OR OBTAINED THROUGH THIS SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, OR STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY, OR FOR CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY OFFENSIVE, INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OR VIEWING OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY USERS OF THE SERVICES.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SJTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (I) CONTENT YOU MADE AVAILABLE THROUGH YOUR USE OF THE SERVICES; (II) YOUR VIOLATION OF THE TERMS OF USE; OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

Local and Applicable Law

SJTA controls and operates the Site and makes no representation that the proprietary materials are appropriate or will be available for use in other locations. All marketing or promotional materials and other content found on this Site are solely directed to individuals, companies or other entities located in the SJTA’s service territory. Any action related to these Terms of Use will be governed by California law and controlling U.S. federal law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.

Notice For Claims of Intellectual Property or Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately. Send a “Notice of Infringement” to admin@SJTribs.org. The Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A) specifies required information.

Revisions to Terms of Use

You agree that SJTA can revise these Terms of Use at any time without notice or liability by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms of Use. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of SJTA to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SJTA. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.