Last Updated: 12 - 6 - 2017
1 Acceptance of Terms.
1.1 Ponderosa Advisors LLC (referred to here as “Ponderosa”) provides its Service (as defined below) to you through its web site located at www.watersage.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TOS, You must not accept these TOS and may not use the Service.
1.2 Ponderosa may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.watersage.com/terms-of-service/. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service. Annual subscribers are subject to terms of service as detailed in their Subscriber Agreement.
2 Description of Service.
The “Service” includes (a) the Site, (b) the on-demand Water Sage water rights and land research application, tools and services provided through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Ponderosa. You agree that you shall not:
3.2.1 In whole or in part reproduce, copy, translate, reverse engineer, derive source code from, modify, adapt, disassemble, decompile, create derivative works based on, hack the Service, or use your access to the Service to assist any entity in doing so, provided, however, that you may print documents and content from the Service as it allows;
3.2.2 Exploit the Service or any of its components for any commercial purpose not otherwise set forth in this TOS;
3.2.3 Falsely imply any sponsorship or association with Ponderosa or Water Sage, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
3.2.4 Use any unauthorized third-party software that intercepts or collects information from the Service or Site;
3.2.5 Sell, grant a security interest in, or transfer reproductions of the Service to other parties in any way not expressly authorized in this TOS, or rent, lease, or license the Service to others.
3.3 You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. Ponderosa reserves the right to access any or all of your accounts.
3.4 You agree to cite Water Sage as the source of produced materials that are printed or saved from the Service. You agree that you will not remove Water Sage logo or branding from materials produced from the Service.
3.5 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Ponderosa’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.6 The failure of Ponderosa to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Ponderosa, even though it is electronic and is not physically signed by you and Ponderosa, and it governs your use of the Service and takes the place of any prior agreements between You and Ponderosa.
“Water Sage” and Ponderosa’s various Water Sage logos used or displayed on the Service are trademarks of Ponderosa and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Water Sage products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
5 Payment and Refunds.
5.1 The Service is made available through annual contracts. Prices of all licenses are subject to change without notice. Annual licenses are governed by and require Water Sage User Agreements between Ponderosa and the subscribing entity.
Ponderosa reserves the right to refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service if Ponderosa believes that You have violated these TOS. Ponderosa will use best efforts to publish on the Site or notify You about any planned downtime of the Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service. Ponderosa shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
7 DISCLAIMER OF WARRANTIES. THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND PONDEROSA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PONDEROSA PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE SERVICE, THE ACCURACY OF THE DATA AND INFORMATION CONTAINED AND PRESENTED IN THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND ACCURACY OF THE DATA AND INFORMATION CONTAINED IN THE SERVICE AND SITE IS WITH YOU. PONDEROSA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR FREE. THE DATA IS COMPILED FROM STATE, FEDERAL, AND LOCAL GOVERNMENT ELECTRONIC DATABASES, AND THE SOURCE DOCUMENTS REMAIN THE OFFICIAL RECORD. CONTACT THE APPROPRIATE AGENCY FOR THE OFFICIAL RECORD. IN NO EVENT WILL PONDEROSA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY WHETHER FROM USE OF THE WEBSITE, ANY FAILURE THEREOF OR OTHERWISE. PONDEROSA ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS. YOU ACKNOWLEDGE THAT NO INFORMATION OR ADVICE OBTAINED BY YOU FROM PONDEROSA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
8 DATA We concentrate our efforts to providing the most current and accurate property, water rights, and other information available. The maps and data are for reference purposes only. Data is taken from local, state and national government agency websites. Because of the data compilation and publication methods used by agencies, the data is subject to error. These data do not constitute a legal survey; when seeking the definitive description of real property, consult the deed recorded at the local county courthouse or official land records in the respective Federal or State agencies.
9 LIMITATION OF LIABILITY.
9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL PONDEROSA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, PONDEROSA SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE HOURLY LICENCE FEE PAID OR PAYABLE BY YOU FOR THE SINLGE USE PRECEEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
9.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, PONDEROSA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Ponderosa may assign or transfer this TOS, in whole or in part, without restriction.
11 Export Compliance.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
12 Governing Law.
These TOS shall be governed by the laws of the State of Colorado without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Colorado for the purpose of resolving any dispute relating to your access to or use of the Service.
13 EQUITABLE REMEDIES
You agree that Ponderosa would be irreparably damaged if the terms of this Terms of Service were not specifically enforced.
Please contact Ponderosa Advisors, LLC. with any questions:
518 17th Street
Denver, CO 80202