Modification of the Agreement
Conduct Using our Services
The Services are intended to support a variety of data and modeling activities, with a focus on water data and hydrologic models. You are responsible at all times for using the Services in a manner that is legal, ethical, and not to the detriment of others. You agree in your use of this service you will not:
- Violate any applicable law, commit a criminal offense or perform actions that might encourage others to commit a criminal offense or give rise to a civil liability;
- Post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
- Use the Services to impersonate other parties or entities;
- Use the Services to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Services or the hardware or software of any other person who accesses the Services;
- Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
- Alter, damage, or delete any content posted on the Services, except where such alterations or deletions are consistent with the access control settings of that content in the Services;
- Disrupt the normal flow of communication in any way;
- Claim a relationship with or speak for any business, association, or other organization for which you are not authorized to claim such a relationship;
- Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
- Post any material that infringes or violates the intellectual property rights of another.
Certain portions of the Services are limited to registered users and/or allow a user to participate in online services by entering personal information. You agree that any information that you provide to the Services in these areas will be complete and accurate, and that you will neither register under the name of, nor attempt to enter the Services under the name of another person or entity.
You are responsible for maintaining the confidentiality of your user ID and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Services do not authorize use of your User ID by third-parties.
THE SERVICES, INCLUDING ANY INFORMATION, PRODUCTS, OR APPLICATIONS ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUAHSI and its licensors and participating institutions do not warrant, and hereby disclaim any warranties, either expressed or implied, with respect to the accuracy, adequacy or completeness of any good, service, or information obtained from the Services. CUAHSI and its licensors and participating institutions do not warrant that the Services will operate in an uninterrupted or error-free manner or that the Services are free of viruses or other harmful components. Use of the Services is at your own risk.
You agree that CUAHSI and its licensors and participating institutions shall have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to your use of the Services, or any other resource that you access through the Services.
The Services host content from a number of authors. The statements and views of these authors are theirs alone, and do not reflect the views or policies of CUAHSI, the HydroShare research team, or their sponsors, nor does posting by any author imply the endorsement of CUAHSI, HydroShare, or their sponsors. CUAHSI makes no representations concerning any Content contained in or accessed through the Service, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
Fees and Payment
Although our Services are currently free to users, CUAHSI reserves the right to amend or withdraw such free Services at any time. CUAHSI reserves the right to institute charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your continuing use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable (your statutory rights are not affected).
Choice of Law/Forum Selection/Attorney Fees
You agree that any dispute arising out of or relating to the Services, whether based in contract, tort, statutory or other law, will be governed by federal law and by the laws of Massachusetts, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving the United States of America, Massachusetts as the exclusive legal forums for any such dispute.
Intellectual Property Rights
Copyright Dispute Policy. CUAHSI has adopted the following general policy toward copyright infringement in accordance with the European Union Copyright Directive. The address of CUAHSI’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It CUAHSI’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
CUAHSI may not be able to act on your complaint promptly or at all if you do not provide this information.
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single Web site are involved, please provide a representative list of such works on that site. CUAHSI Copyright/DMCA Agent shall receive all claims of infringement
- Describe the material that is claimed to be infringing and provide sufficient information to permit CUAHSI to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- Certify that the information that you have provided CUAHSI is accurate.
- Include your physical or electronic signature.
CUAHSI COPYRIGHT/DMCA AGENT
The Consortium of Universities for the Advancement of Hydrologic Science, Inc.
150 Cambridgepark Drive
Cambridge, MA 02140
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, LICENSORS, INTEGRATORS OR CONTENT PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100) (IN THE AGGREGATE) OR THE FEES PAID BY YOU FOR THE SERVICE DURING 12-MONTH PERIOD PRECEDING THE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (V) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.