TERMS AND CONDITIONS OF USE OF WEB-SITE

Your use of this Web-site is expressly conditioned on your acceptance of these Terms and Conditions of Use. By using this Web-site, you signify your agreement to these Terms and Conditions of Use. If you do not agree with any part of these Terms and Conditions of Use, do not use this Web-site.
The Aquaya Institute (“Aquaya”) may revise the information on this Web-site or otherwise change or update the Web-site, including these Terms and Conditions of Use, without notice to you. Aquaya may also make improvements and/or changes to the information, products and/or services described on or offered through this Web-site or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions of Use to see if there have been any changes to our policies that may affect you. Your continued use of this Web-site will signify your continued agreement to these Terms and Conditions of Use as they may be revised from time to time.

Third-Party Sites, Products and Services

This Web-site may contain links to other Internet Web-sites (“Third-party Sites”) that are not operated or maintained by Aquaya. These links are provided for your convenience. Aquaya makes no warranties or representations about the content of, any information, products or services offered by, or the privacy or intellectual property compliance of, such Third-party Sites. Aquaya also recommends that you take the time to read the privacy policies, terms and conditions of use and user agreements of these Third-party sites to make sure that they are acceptable to you.

Aquaya’s Privacy Policy

Please review Aquaya’s Privacy Policy. Subject to any other written agreement that you may have with Aquaya, Aquaya’s Privacy Policy governs Aquaya’s use of any personal information that you have or may provide to Aquaya including pursuant to this Web-site.

Password Registration and Usage

Some Aquaya Web-site functions, features or services may be restricted and may require a user identification code (“User ID”) and a password for access. Unauthorized use of or access of such functions, features or services is strictly prohibited.
In accessing or using Aquaya Web-site functions, features or services requiring a User ID and password, you agree that:
• Aquaya is entitled to act on instructions received under your User ID and password.
• Aquaya is not liable for any unauthorized access to your information.
• You will keep your password confidential and you will notify Aquaya immediately if you believe someone else has obtained your User ID and password or any unauthorized access to any on-line function, feature or service has occurred or may occur.
• Aquaya may block access to any online function, feature or service without prior notice if Aquaya believes your User ID and password are being used by someone other than you, if any unauthorized access to your information has occurred or may occur, or for any other reason whatsoever.

Disclaimer of Warranty

THIS WEB-SITE AND ITS CONTENT AND ALL SITE-RELATED FUNCTIONS, FEATURES OR SERVICES ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THIS WEB-SITE, ALL WEB-SITE-RELATED FUNCTIONS, FEATURES AND SERVICES, AND FOR YOUR USE OF ANY THIRD PARTY WEB-SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AQUAYA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THIS WEB-SITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY AQUAYA.

Limitation of Liability

AQUAYA AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO OR FROM THIS WEB-SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, INJURY TO REPUTATION OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEB-SITE, WEB-SITE-RELATED FUNCTIONS, FEATURES OR SERVICES OR ANY PRODUCTS, CONTENT OR INFORMATION CONTAINED ON OR WITHIN OR REFERENCED ON THIS WEB-SITE, AND/OR ANY THIRD PARTY WEB-SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR UNDER ANY OTHER LEGAL THEORY AND WHETHER OR NOT AQUAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB-SITE, WEB-SITE-RELATED PRODUCTS OR SERVICES, AND/OR THIRD PARTY WEB-SITES IS TO STOP USING THIS WEB-SITE AND/OR THOSE FUNCTIONS, FEATURES, PRODUCTS, SERVICES OR THIRD PARTY WEB-SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Jurisdiction, Enforceability, Governing Law, Etc.

Should any provision of these Terms and Conditions of Use or the Privacy Policy be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. These Terms and Conditions of Use and the Privacy Policy shall be governed by and enforced in accordance with the laws of the State of California, excluding its conflict of laws rules. Any claim or dispute between the parties governed by, subject to, relating to or implicating theses Terms and Conditions of Use or the Privacy Policy shall be settled by binding arbitration conducted by a single arbitrator in San Francisco, California in accordance with the then Commercial Arbitration Rules of the American Arbitration Association.

Use by Children or Minors

This Web-site is not intended for children or minors, and children and minors may not use this Web-site. Please consult with your parents as to Web-sites that are appropriate for you to use.

Digital Millennium Copyright Act

Except as otherwise indicated, all content on this Web-site, including text, graphics, logos, button icons, photos, images, forms, audio, video, documents, agreements, questionnaires, and software, is the property of Aquaya or its licensors and is protected by United States and international copyright laws. Aquaya allows you to view and use the Web-site solely for your personal, non-commercial, internal use. The compilation of all content on this Web-site is the exclusive property of Aquaya and is protected by United States and international copyright laws. Unless specifically authorized in writing by Aquaya, any use of these materials, or of any materials contributed to this Web-site by entities other than Aquaya, on any other Web-site or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions of Use are reserved by Aquaya worldwide. Content and functions, features and services are subject to change or termination without notice in the discretion of Aquaya.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web-site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web-site, currently located at http://www.copyright.gov
In accordance with the DMCA, Aquaya has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: Ms. Jenna Scalmanini
Address: The Aquaya Institute:  Internet Services
101 Larkspur Landing Circle Suite 327
Larkspur, CA 94939
Telephone:  (415) 306 7593
Fax:  (415) 306 7594
E-mail: jenna@aquaya.org

 

Please note: If you materially misrepresent that online material, products, services or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Last updated: February, 2014

 

 

 

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