These Terms and Conditions of Use (the "Terms of Use") apply to the StormwaterGO website located at www.stormwatergo.com and the content provided thereon (the “StormwaterGO Site”). The StormwaterGO Site is the property of ComplianceGO, LLC (“ComplianceGO”). BY USING THE STORMWATERGO SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE STORMWATERGO SITE.
ComplianceGO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the StormwaterGO Site following the posting of changes will mean that you accept and agree to the changes.
The StormwaterGO Site provides informational courses relating to stormwater management (the “StormwaterGO Content”). You may use the StormwaterGO Site to access and review the StormwaterGO Content for informational purposes only. You should not consider the StormwaterGO Content as authoritative content or otherwise rely on the StormwaterGO Content for purposes of complying with any regulations governing stormwater management.
Subject to your compliance with the Terms of Use, ComplianceGO grants you a non-exclusive, non-transferable, limited license to use the StormwaterGO Site for the limited purpose of accessing the StormwaterGO Content. You agree that you will not use, or attempt to use, the StormwaterGO Site for anything other than this limited purpose.
You further agree not to:
Personal information you provide to ComplianceGO through the StormwaterGO Site is governed by the StormwaterGO Privacy Policy. Your election to use the StormwaterGO Site indicates your acceptance of the terms of the StormwaterGO Privacy Policy.
You must have a user account to access the StormwaterGO Site. You are responsible for maintaining the confidentiality of your username, password and other sensitive information associated with your user account. You are responsible for all activities that occur in your user account and you agree to inform ComplianceGO immediately of any unauthorized use of your user account.
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity while using the StormwaterGO Site. You may not use or attempt to use another person’s account or personal information to gain access to the StormwaterGO Site. You may not attempt to gain unauthorized access to the StormwaterGO Site, or to the computer systems or networks connected to the StormwaterGO Site, through hacking, password mining, or any other means.
ComplianceGO reserves the right to terminate any user account that is inactive for a continuous period of 365 days.
Through your user account, you will have the option to access StormwaterGO Content. In granting you such access, ComplianceGO does not grant you any ownership or intellectual property right in or to the StormwaterGO Content. The only right you may obtain is the right to access any StormwaterGO Content for which you have paid the applicable fee or to which ComplianceGO has otherwise granted you access.
You shall not create a copy of any StormwaterGO Content or any portion of the StormwaterGO Content. You also shall not create any derivative work of the StormwaterGO Content or otherwise use any portion of the StormwaterGO Content.
Where permitted, you may rely on the StormwaterGO Content for continuing education purposes. StormwaterGO may provide a certificate to you for this purpose. However, you should not otherwise rely on the StormwaterGO Content for any legal or regulatory purpose. The StormwaterGO Content is for informational purposes only. Any certificate you may receive in response to your completion of any portion of the StormwaterGO Content represents only that you completed that portion of the StormwaterGO Content
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE STORMWATERGO SITE IS AT YOUR SOLE RISK. THE STORMWATERGO SITE, INCLUDING THE STORMWATERGO CONTENT, IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMPLIANCEGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLIANCE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPLIANCEGO MAKES NO WARRANTY THAT THE STORMWATERGO SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT YOUR USE OF THE STORMWATERGO SITE WILL RESULT IN YOUR COMPLIANCE WITH ANY REGULATION, RULE, LAW OR GOAL. USE OF THE STORMWATERGO SITE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM YOUR RELIANCE ON THE STORMWATERGO CONTENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COMPLIANCEGO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. COMPLIANCEGO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE STORMWATERGO SITE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE STORMWATERGO SITE. YOUR SOLE REMEDY AGAINST COMPLIANCEGO FOR DISSATISFACTION WITH THE STORMWATERGO SITE IS TO STOP USING THE STORMWATERGO SITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, 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.
ComplianceGO reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of the StormwaterGO Site, or any portion of the StormwaterGO Site, for any reason; (2) to modify or change the StormwaterGO Site, or any StormwaterGO Content; and (3) to interrupt the operation of the StormwaterGO Site, or any portion of the StormwaterGO Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT COMPLIANCEGO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE STORMWATERGO SITE, EVEN IF COMPLIANCEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COMPLIANCEGO’S ENTIRE LIABILITY TO YOU IN ANY RESPECT, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TO OBTAIN ACCESS TO THE STORMWATERGO CONTENT.
YOU EXPLICITLY AND SPECIFICALLY AGREE THAT COMPLIANCEGO SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR HARM THAT YOU, OR THE ORGANIZATION THAT YOU REPRESENT, MAY EXPERIENCE DUE TO A FAILURE TO COMPLY WITH ANY REGULATION, RULE, LAW OR GOAL, INCLUDING BUT NOT LIMITED TO, ANY REGULATION GOVERNING STORMWATER MANAGEMENT. THE STORMWATERGO SITE, INCLUDING THE STORMWATERGO CONTENT, IS NOT A SUBSTITE FOR YOUR OBLIGATION TO ENSURE YOUR COMPLIANCE WITH STORMWATER MANAGEMENT REGULATIONS.
You agree to indemnify and hold harmless ComplianceGO, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claim that you have used the StormwaterGO Site in violation of another party's rights, in violation of any law, in violation of any provisions of the Terms of Use, or any other claim related to your use of the StormwaterGO Site.
You further agree to indemnify and hold harmless ComplianceGO, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to your failure, or the failure of the organization you represent, to comply with any regulation, rule, law or goal, including any regulation governing stormwater management.
Any controversy or claim arising out of or relating to the Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Utah and will be governed by the laws of Utah without regard to its conflicts of laws provisions. Any judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, ComplianceGO may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
ComplianceGO may transfer its rights under the Terms of Use to anyone at any time and for any reason and any such transfer will not impact your obligations under the Terms of Use.
No agency, partnership, joint venture or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.
If any of the provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use, so that the Terms of Use shall remain in full force and effect.
The Terms of Use constitute the entire agreement between the parties with respect to your use of the StormwaterGO Site.