Ownership of web site
All text, graphics, user interfaces, visual interfaces, photographs, illustrations, articles, software, applications, scripting, sounds, images, user submissions, trademarks, logos and so forth (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the web site is owned, controlled or licensed by or to BWG, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including BWG's) rights.
You understand that BWG also owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.
Your Use of Services and the web site
As part of using the Services, you may create connections between various physical devices (which may be provided by BWG or by others), third party services, and the Services. You acknowledge and agree that you will not connect any physical devices or third party services to the Services (or otherwise use the Services) in a manner that could be dangerous to you or to others, or which could cause damage to or loss of any property (whether real, personal, tangible or intangible). For example, you should never connect heavy machinery, power tools, medical equipment, or other similar devices to the Services.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the web site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the web site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the web site. BWG reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the web site, or any other systems or networks connected to the web site or to any BWG server, or to any of the services offered on or through the web site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the web site or any network connected to the web site, nor breach the security or authentication measures on the web site or any network connected to the web site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the web site, or any other customer of BWG, including any BWG account not owned by you, to its source, or exploit the web site or any service or information made available or offered by or through the web site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the web site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the web site or BWG’s systems or networks, or any systems or networks connected to the web site or to BWG.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the web site or any transaction being conducted on the web site, or with any other person’s use of the web site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BWG on or through the web site or any service offered on or through the web site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You also agree that you will not contribute any submission or otherwise use the Services or interact with the Services in a manner that: violates any law or regulation; infringes or violates the intellectual property rights of anyone else; is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable; jeopardizes the security of your account or anyone else’s; copies or stores any significant portion of the Content; or decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services (except (i) for sample or tutorial code examples that we provide on the Services which are clearly marked as such, or (ii) to the extent such restriction is prohibited by applicable law).
Purchases of Services and Products
BWG reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Services in connection with such features. BWG reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
BWG’s obligations, if any, with regard to its products are governed solely by the agreements pursuant to which they are provided, and nothing on this web site alters such product agreements.
BWG may make changes to any products or Services offered on the web site, or to the applicable prices for any such products or Services, at any time, without notice. The materials on the web site with respect to products and Services may be out of date, and BWG makes no commitment to update the materials on the web site with respect to such products and Services.
Accounts, Passwords and Security
In order to use the Services, you may be required to sign up for an account, provide a verifiable email address, provide your name, and select a password or PIN number and user name (which may be your email address) (“BWG User ID”). You promise to provide BWG with accurate, complete, and updated registration information about yourself. You may not select as your BWG User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify BWG immediately of any unauthorized use of your account, user name or password, or any other breach of security. You may be held liable for losses incurred by BWG or any other user of or visitor to the web site due to someone else using your account, user name or password as a result of your failing to keep your account information secure and confidential.
You will only use the Services for your personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services.
You may not use anyone else’s user name, password or account at any time without the express permission and consent of the holder of that user name, password or account.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and BWG isn’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. BWG cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release BWG from all liability for you having acquired or not acquired Content through the Services. BWG can't guarantee the identity of any users with whom you interact in using the Services and is not responsible for which users gain access to the Services.
BWG will not be liable for any loss or damage arising from your failure to comply with these obligations.
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
Unless explicitly acknowledged or committed to as part of a feature of the Services, BWG has no obligation to maintain or persist your User Submissions or Device Data for any specified period of time, to guarantee access to User Submissions or Device Data, and has no liability for User Submissions or Device Data submitted to the Services that are or become unavailable through the Services. You hereby grant BWG a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback that you provide to BWG relating to the operation of the Services.
BWG does not endorse and has no control over any User Submission. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Links to Other web sites and Services
Your interactions with third party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services under any transaction you enter into with a third party, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that BWG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
BWG DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. THIS SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BWG CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BWG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BWG DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE, ANY SERVICES, ANY CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BWG FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT OR SERVICES IS TO STOP USING THE SITE OR ANY SUCH CONTENT OR SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, losses, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
Except where prohibited by law, in no event will BWG be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BWG has been advised of the possibility of such damages.
You agree to indemnify and hold BWG, its subsidiaries and affiliates, and BWG and their respective officers, directors, shareholders, members, predecessors, successors in interest, employees, and agents, harmless from any demands, losses, liabilities, claims or expenses (including attorneys’ and experts’ fees and costs), made against BWG, its subsidiaries and/or affiliates by any third party due to or arising out of or in connection with your use of the web site, Services or any Content.
BWG may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the web site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BWG’s rights or property, or the rights or property of visitors to or users of the web site, including BWG’s customers and product end users. BWG reserves the right at all times to disclose any information that BWG deems necessary to comply with any applicable law, rule, regulation, legal process or governmental request. BWG also may disclose your information when BWG determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that BWG may, in its sole discretion and without prior notice, terminate your access to the web site and its products and Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the web site or any service offered on or through the web site, or (4) technical issues or other problems.
Governing Law; Dispute Resolution
Void Where Prohibited
BWG administers and operates the www.balboawatergroup.com web site from its location in Tustin, California USA; other BWG sites may be administered and operated from various locations without or outside of the United States. Although the web site is accessible worldwide, not all features, products or Services discussed, referenced, provided or offered through or on the web site are available to all persons or in all geographic locations, or appropriate or available for use in certain countries outside the United States. BWG reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or Service made on the web site is void where prohibited. If you choose to access the web site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
The web site may contain references or cross references to BWG products, programs and Services that are not announced in your country. Such reference does not imply that BWG in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this web site shall be deemed to be non-confidential. BWG and others shall be free to use all such information on an unrestricted basis.
b. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
c. You will only use the Application in connection with an Apple device that you own or control;
d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
f. You acknowledge and agree that BWG, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, BWG, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
i. Both you and BWG acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
j. Both you and BWG acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
The information contained in this web site is subject to change without notice. Copyright © 2016 Balboa Water Group, LLC. All rights reserved. Balboa Water Group, LLC, 1382 Bell Avenue, CA 92780, USA.