Legal Items
Privacy, Data Policy & Terms of Service
Protecting your privacy
The Indiana Section of the American Water Works Association (IN-AWWA) is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the IN-AWWA web site and governs data collection and usage. By using the IN-AWWA website, you consent to the data practices described in this statement.
Collection of your Personal Information
IN-AWWA collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. IN-AWWA also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by IN-AWWA. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by IN-AWWA for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the IN-AWWA website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through IN-AWWA public message boards, this information may be collected and used by others. Note: IN-AWWA does not read any of your private online communications.
IN-AWWA encourages you to review the privacy statements of websites you choose to link to from IN-AWWA so that you can understand how those websites collect, use and share your information. IN-AWWA is not responsible for the privacy statements or other content on websites outside of the IN-AWWA and IN-AWWA family of websites.
Use of your Personal Information
IN-AWWA collects and uses your personal information to operate the IN-AWWA website and deliver the services you have requested. IN-AWWA also uses your personally identifiable information to inform you of other products or services available from IN-AWWA and its affiliates. IN-AWWA may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
IN-AWWA does not sell, rent or lease its customer lists to third parties. IN-AWWA may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, IN-AWWA may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to IN-AWWA, and they are required to maintain the confidentiality of your information.
IN-AWWA does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
IN-AWWA keeps track of the websites and pages our customers visit within IN-AWWA, in order to determine what IN-AWWA services are the most popular. This data is used to deliver customized content and advertising within IN-AWWA to customers whose behavior indicates that they are interested in a particular subject area.
IN-AWWA websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on IN-AWWA or the site; (b) protect and defend the rights or property of IN-AWWA; and, (c) act under exigent circumstances to protect the personal safety of users of IN-AWWA, or the public.
Use of Cookies
The IN-AWWA website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize IN-AWWA pages, or register with IN-AWWA site or services, a cookie helps IN-AWWA to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same IN-AWWA website, the information you previously provided can be retrieved, so you can easily use the IN-AWWA features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the IN-AWWA services or other websites you visit.
Security of your Personal Information
IN-AWWA secures your personal information from unauthorized access, use or disclosure. IN-AWWA secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
IN-AWWA will occasionally update this Statement of Privacy to reflect company and customer feedback. IN-AWWA encourages you to periodically review this Statement to be informed of how IN-AWWA is protecting your information.
Contact Information
IN-AWWA welcomes your comments regarding this Statement of Privacy. If you believe that IN-AWWA has not adhered to this Statement, please contact IN-AWWA at info@inawwa.org. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Contact:
Indiana Section AWWA
PO Box 127
Brownsburg, IN 46112
866.213.2796
Terms of Use
This page states the Terms of Use ("Terms") under which You may use www.inawwa.org ("inawwa.org "), an on-line association management services portal and guide. Please read these Terms carefully. If You do not accept the Terms stated here, do not use inawwa.org and its services. By using inawwa.org, You agree to be bound by these Terms, including the inawwa.org Privacy Statement.
1. Eligibility.
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use inawwa.org in any manner. By visiting inawwa.org or accepting these Terms, You represent and warrant to inawwa.org that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to inawwa.org that You will use inawwa.org in a manner consistent with any and all applicable laws and regulations.
2. Use of inawwa.org Content.
Inawwa.org authorizes You to view and access a single copy of the content available on or from inawwa.org solely for your personal use. The contents of inawwa.org, and of all other Web sites under inawwa.org 's control, whether partial or otherwise (inawwa.org and such other Web sites are sometimes collectively referred to as " inawwa.org Sites") such as text, graphics, images, logos, button icons, software and other inawwa.org content (collectively, "inawwa.org Content"), are protected under both United States and foreign copyright, trademark and other laws. All inawwa.org Content is the property of Indiana Section, American Water Works Association or its content suppliers or clients. You further agree to in no other way misuse inawwa.org Content that appears on this Site, other than those specifically permitted herein or by written agreement with inawwa.org. Unless specifically permitted herein or in writing by inawwa.org, the use of the inawwa.org Content on any other Web site or in a networked computer environment for any purpose is prohibited.
3. Inawwa.org 's Ownership Rights. inawwa.org and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the inawwa.org Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the inawwa.org Products and Services. By entering into this Agreement or by using inawwa.org, You will not acquire any intellectual property or similar rights in the inawwa.org Products or Services other than a limited right to use the Products or Services for Your personal benefit.
4. Inawwa.org Site Restrictions.
You may not use any inawwa.org Site in order to transmit, post, distribute, store or destroy material, including without limitation inawwa.org Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You agree that you will not use the inawwa.org site in any manner that could damage, disable, overburden, or impair the inawwa.org site or interfere with any other party's use and enjoyment of the inawwa.org site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the inawwa.org site.
5. Advertisers. If You Participate as an Advertiser, You are solely responsible for all advertising content You transmit or submit to inawwa.org or through the inawwa.org Advertiser Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and Participating as a Advertiser, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to inawwa.org (the "Advertiser Agreement"). [InsertDomain.com] disclaims all liability relating to Your Ads and You agree to indemnify inawwa.org for all loses inawwa.org incurs associated with the Ads.
By submitting Content for advertising to any public area of any inawwa.org Site, You automatically grant to [InsertDomain.com] and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Content, and to grant and authorize sublicenses thereof (through multiple tiers). Inawwa.org does not represent or guarantee the truthfulness, accuracy, or reliability of Advertiser Content.
6. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to inawwa.org, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Copyright Agent
[Company Name]
Attn: [person]
[address]
[fax]
[email]
7. Inawwa.org 's Liability.
Inawwa.org acts as a venue for on-line association management services portal and guide. inawwa.org may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for inawwa.org, damage inawwa.org 's brand or public image, or cause inawwa.org to lose (in whole or in part) the services of its ISs or other suppliers. While inawwa.org reserves the right in its sole discretion to remove Content or other material from inawwa.org from time to time, inawwa.org does not assume any obligation to do so and disclaims any liability for failing to take any such action.
The inawwa.org Sites and the inawwa.org Content may contain inaccuracies or typographical errors. inawwa.org makes no representations about the accuracy, reliability, completeness, or timeliness of any inawwa.org Content. The use of all inawwa.org Content is at your own risk. Changes are periodically made to inawwa.org Sites and may be made at any time. inawwa.org cannot guarantee and does not promise any specific results from use of inawwa.org or any inawwa.org Site. No advice or information, whether oral or written, obtained by You from inawwa.org or through or from inawwa.org or any other inawwa.org Site shall create any warranty not expressly stated herein.
8. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. inawwa.org ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL inawwa.org ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Local Standards.
We do not represent that materials on the inawwa.org site are appropriate for use in all locations. Persons who choose to access the inawwa.org site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Links to Content and Other Sites.
Inawwa.org and certain other inawwa.org Sites contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by inawwa.org of the contents on such third-party Web sites. Inawwa.org is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
Inawwa.org and certain other inawwa.org Sites contain links to social media sites, including but not limited testimonials. These links are provided solely as a convenience to You and not as an endorsement by inawwa.org of the content on such social media sites. inawwa.org is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with inawwa.org is at your own risk.
12. Indemnity.
You agree to defend, indemnify, and hold harmless inawwa.org, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other material You provide to any inawwa.org Site, or (ii) your breach of the terms of these Terms. inawwa.org shall provide notice to You promptly of any such claim, suit, or proceeding.
13. Miscellaneous. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Indiana, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Indiana, Hendricks County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Hendricks County in the State of Indiana. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by inawwa.org must be made in writing and signed by an authorized representative of inawwa.org specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, inawwa.org's successors, assigns and licensees.
14. Legal Disputes
If any dispute arises between You, another Advertiser and/or inawwa.org or any combination thereof, as it relates to inawwa.org and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in Hendricks County, Indiana and the decision of a single English speaking arbitrator shall be final and binding.
These Terms constitute a binding agreement between You and inawwa.org, and is accepted by You upon your use of the inawwa.org Site.
Indiana Section, AWWA Terms of Use
This page states the Terms of Use ("Terms") under which You may use www.inawwa.org ("inawwa.org "), an on-line association management services portal and guide. Please read these Terms carefully. If You do not accept the Terms stated here, do not use inawwa.org and its services. By using inawwa.org, You agree to be bound by these Terms, including the inawwa.org Privacy Statement.
1. Eligibility.
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use inawwa.org in any manner. By visiting inawwa.org or accepting these Terms, You represent and warrant to inawwa.org that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to inawwa.org that You will use inawwa.org in a manner consistent with any and all applicable laws and regulations.
2. Use of inawwa.org Content.
Inawwa.org authorizes You to view and access a single copy of the content available on or from inawwa.org solely for your personal use. The contents of inawwa.org, and of all other Web sites under inawwa.org 's control, whether partial or otherwise (inawwa.org and such other Web sites are sometimes collectively referred to as " inawwa.org Sites") such as text, graphics, images, logos, button icons, software and other inawwa.org content (collectively, "inawwa.org Content"), are protected under both United States and foreign copyright, trademark and other laws. All inawwa.org Content is the property of Indiana Section, American Water Works Association or its content suppliers or clients.
You further agree to in no other way misuse inawwa.org Content that appears on this Site, other than those specifically permitted herein or by written agreement with inawwa.org. Unless specifically permitted herein or in writing by inawwa.org, the use of the inawwa.org Content on any other Web site or in a networked computer environment for any purpose is prohibited.
3. Inawwa.org 's Ownership Rights. inawwa.org and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the inawwa.org Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the inawwa.org Products and Services. By entering into this Agreement or by using inawwa.org, You will not acquire any intellectual property or similar rights in the inawwa.org Products or Services other than a limited right to use the Products or Services for Your personal benefit.
4. Inawwa.org Site Restrictions.
You may not use any inawwa.org Site in order to transmit, post, distribute, store or destroy material, including without limitation inawwa.org Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You agree that you will not use the inawwa.org site in any manner that could damage, disable, overburden, or impair the inawwa.org site or interfere with any other party's use and enjoyment of the inawwa.org site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the inawwa.org site.
5. Advertisers.
If You Participate as an Advertiser, You are solely responsible for all advertising content You transmit or submit to inawwa.org or through the inawwa.org Advertiser Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and Participating as a Advertiser, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to inawwa.org (the "Advertiser Agreement"). [InsertDomain.com] disclaims all liability relating to Your Ads and You agree to indemnify inawwa.org for all loses inawwa.org incurs associated with the Ads.
By submitting Content for advertising to any public area of any inawwa.org Site, You automatically grant to [InsertDomain.com] and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Content, and to grant and authorize sublicenses thereof (through multiple tiers).
Inawwa.org does not represent or guarantee the truthfulness, accuracy, or reliability of Advertiser Content.
6. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to inawwa.org, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Copyright Agent
[Company Name]
Attn: [person]
[address]
[fax]
[email]
7. Inawwa.org 's Liability.
Inawwa.org acts as a venue for on-line association management services portal and guide. inawwa.org may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for inawwa.org, damage inawwa.org 's brand or public image, or cause inawwa.org to lose (in whole or in part) the services of its ISs or other suppliers. While inawwa.org reserves the right in its sole discretion to remove Content or other material from inawwa.org from time to time, inawwa.org does not assume any obligation to do so and disclaims any liability for failing to take any such action.
The inawwa.org Sites and the inawwa.org Content may contain inaccuracies or typographical errors. inawwa.org makes no representations about the accuracy, reliability, completeness, or timeliness of any inawwa.org Content. The use of all inawwa.org Content is at your own risk. Changes are periodically made to inawwa.org Sites and may be made at any time. inawwa.org cannot guarantee and does not promise any specific results from use of inawwa.org or any inawwa.org Site. No advice or information, whether oral or written, obtained by You from inawwa.org or through or from inawwa.org or any other inawwa.org Site shall create any warranty not expressly stated herein.
8. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. inawwa.org ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL inawwa.org ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Local Standards.
We do not represent that materials on the inawwa.org site are appropriate for use in all locations. Persons who choose to access the inawwa.org site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Links to Content and Other Sites.
Inawwa.org and certain other inawwa.org Sites contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by inawwa.org of the contents on such third-party Web sites. Inawwa.org is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
Inawwa.org and certain other inawwa.org Sites contain links to social media sites, including but not limited testimonials. These links are provided solely as a convenience to You and not as an endorsement by inawwa.org of the content on such social media sites. inawwa.org is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with inawwa.org is at your own risk.
12. Indemnity.
You agree to defend, indemnify, and hold harmless inawwa.org, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other material You provide to any inawwa.org Site, or (ii) your breach of the terms of these Terms. inawwa.org shall provide notice to You promptly of any such claim, suit, or proceeding.
13. Miscellaneous. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Indiana, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Indiana, Hendricks County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Hendricks County in the State of Indiana. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by inawwa.org must be made in writing and signed by an authorized representative of inawwa.org specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, inawwa.org's successors, assigns and licensees.
14. Legal Disputes
If any dispute arises between You, another Advertiser and/or inawwa.org or any combination thereof, as it relates to inawwa.org and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in Hendricks County, Indiana and the decision of a single English speaking arbitrator shall be final and binding.
These Terms constitute a binding agreement between You and inawwa.org, and is accepted by You upon your use of the inawwa.org Site.