Terms and Conditions
- AGREEMENT BETWEEN YOU AND PARK WATER COMPANY
- CHANGES TO THIS AGREEMENT
- — USE OF WEBSITE
- COPYRIGHT AND INTELLECTUAL PROPERTY
- — USER SUBMISSIONS
- LIMITATION OF LIABILITY
- LINKS TO OTHER SITES
- NO ADDED LINKS
- COPYRIGHT INFRINGEMENT CLAIMS
- ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE
- GOVERNING LAW
- COMPLETE AGREEMENT
- CONTACT INFORMATION
AGREEMENT BETWEEN YOU AND PARK WATER COMPANY
This website, “www.parkwater.com” (“PARK website”) is operated by Liberty Utilities, a California corporation (“PARK”), on behalf of the Liberty Utilities utility (“utility”) which exclusively does business in Southern California. Your use of this website is conditioned on your acceptance of the terms, conditions, and notices contained herein, without modification, each time you visit this website.
THIS IS A LEGALLY BINDING AGREEMENT WHICH IS SUBJECT TO CHANGE. PLEASE READ IT CAREFULLY EACH TIME YOU VISIT THE PARK WEBSITE.
IF YOU AGREE TO THESE TERMS AND CONDITIONS OF — USE AND ALL APPLICABLE LAWS, WITHOUT MODIFICATION, CLICK HERE TO BE BOUND. IF YOU DO NOT AGREE, YOU MAY NOT — USE THIS PARK WEBSITE AND CANNOT ACCESS IT.
By accessing or using this PARK website, you agree to the terms and conditions of use and all applicable laws in effect when you visit (“Agreement”).
CHANGES TO THIS AGREEMENT
PARK reserves the right to change these terms, conditions, and notices at any time by updating them without any other notice to you. Any change will be effective immediately after it is posted or you are notified, whichever is earlier. It is your responsibility to regularly review these terms, conditions, and notices because they are binding on you. Certain terms may also be superseded by expressly designated legal notices or terms located on particular pages of the PARK website.
— USE OF WEBSITE
The PARK website is intended to allow PARK customers to access their accounts, request PARK services, and make on-line payment. Unless otherwise specified, the PARK website is for your personal and noncommercial use. PARK reserves the right to terminate your PARK website privileges, including, access and use, or modify or discontinue the PARK website or any of its content, at any time, for any reason, and without notice.
To access your account via the PARK website, you will be required to register and fully and accurately complete a registration form. You will be asked to provide your name, customer number, account number, email address, and a password. It is your responsibility to maintain the confidentiality of your password. You may not use the account, user name or password of anyone else at any time. You agree to immediately notify PARK of any unauthorized use of your account, user name or password.
COPYRIGHT AND INTELLECTUAL PROPERTY
The entire content of the PARK Website, including, without limit, text, design, graphics, interfaces, code, and the selection or arrangement of any of them is owned by PARK or its licensors and protected by copyright under the United States and other copyright laws. You may not copy, modify, display, perform, transmit, publish, distribute, reproduce, create derivative works from, license, transfer, or sell any information, content or software obtained from the PARK website in violation of the copyright, trademark, or other intellectual or proprietary rights of PARK or anyone. All rights not expressly granted to you in this Agreement are reserved to PARK and its licensors.
— USER SUBMISSIONS
The PWC website provides a conduit for PWC customers to make on-line payments of their PWC accounts. PWC has contracted with CollectorSolutions, Inc. (“CSI”), a Florida corporation, to provide on-line payment processing for PWC customers. If you submit credit card, bank account or other information in order to make an on-line payment to PWC, you understand and agree that your on-line payment information will not be collected or received by PWC, but instead all such information shall be submitted solely to CSI for processing and transfers of funds pursuant to your tender of on-line payment shall be solely effectuated by CSI. You further understand and agree that CSI shall be solely responsible for ensuring the confidentiality of your on-line payment information and competent processing of your on-line payments to PWC. In addition, you agree that your remedies, if any, in the event of any unauthorized access to or loss of your on-line payment information, error or other failure of any kind in the processing of your on-line payment to PWC, or other claim or right of any kind you may have in connection with your submission of on-line payment information or processing of your on-line payment shall be subject to both the Disclaimer and Limitation of Liability provisions which appear below in these Website Terms and Conditions.
PARK makes no warranties or representations about the accuracy, correctness, timeliness, completeness, reliability, usefulness, adequacy or suitability of the PARK website’s content. Nor does PARK promise that the PARK website will be uninterrupted or error-free, that defects will be corrected, or that the PARK website or server which makes it available are free of viruses or other harmful components. Rather, PARK makes the PARK website and its content available on a strictly “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied. PARK WATER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF EVERY KIND AND NATURE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER PARK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO OR VIA THE PARK WEBSITE WILL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, EVEN IF PARK OR ANY OF THEM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, PRIVACY LAWS, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE — USE, INABILITY TO — USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE PARK WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify and hold harmless PARK, its officers, directors, employees, agents, licensors, suppliers and affiliates from and against any and all claims, actions, demands, liabilities, losses, settlements, damages, and costs, including, without limit, reasonable fees and other attorney’s charges, resulting from, or alleged to result from, a violation of this Agreement, whether negligent or other wrongful conduct, by you or any other person accessing the PARK website using your internet account.
LINKS TO OTHER SITES
In an attempt to better serve you, the PARK Website may contain links to and advertisements for other sites operated by third party vendors or other third parties (“External Sites”). Even if the third party is affiliated with PARK, however, it has no control over these External Sites, all of which have separate privacy and data collection practices, completely independent of PARK. Any links and advertisements are only provided for your convenience and you access them at your own risk. Links do not imply that PARK sponsors, endorses, is affiliated or associated with, or has been legally authorized to use any intellectual property of any kind displayed on or accessible via such External Sites. PARK has no responsibility or liability for any aspect of these External Sites, including, their content, performance, practices, or policies, and your interaction or transactions with them. Nevertheless, PARK requests any feedback on the PARK website and External Sites, because PARK’s goal is to protect the integrity of the PARK website and the links appearing on it. You should contact the PARK website or External Site administrator if you have any concerns about links to External Sites or the content on them.
NO ADDED LINKS
You agree that you will not place a link to the PARK Website on any other internet site without the prior written consent of PARK.
COPYRIGHT INFRINGEMENT CLAIMS
PARK respects the intellectual property of others and asks that you do the same. PARK will process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of a notice which complies with the DMCA, PARK will remove or disable access to any material or link to any material found to be infringing or the subjection of infringing activity. If you believe that any information or material provided on or via the PARK Website infringes any copyright or is the subject of infringing activity, please use the notification procedure described below to notify us.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Pursuant to Title 17, United States Code, Section 512(c)(2), notice of claimed copyright infringement should be provided in writing by mail, fax or email to the designated agent for the PARK website as follows:
Attention: Public Affairs Legal Administration
9750 Washburn Road
P.O. Box 7002
Downey, CA 90241
Each claim of copyright infringement must include all of the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed, along with that person’s address, telephone number and email address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material you claim is infringing is located on the PARK website;
(4) Your address, telephone number, email address, and all other information reasonably sufficient to permit PARK to contact you;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, the owner’s agent, or the law; and,
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are, or authorized to act on behalf of, the owner of the intellectual property right that is allegedly infringed.
This Agreement and your use of the PARK Website shall be governed in all respects by the laws of the State of California, without regard to choice of law rules. You agree that exclusive jurisdiction over and venue in any legal proceeding arising out of or relating to the PARK Website shall be in the state or federal courts located in Los Angeles County, State of California. You further agree to the exercise of personal jurisdiction over you by those courts for any such dispute. Any cause of action or claim you may have with respect to the PARK Website must be commenced within one (1) year after the cause of action or claim arises. PARK’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Rather, no waiver shall be effective unless made in writing and signed by an authorized representative of PARK. Neither the course of conduct between the parties nor trade practice shall act to modify any of this Agreement’s terms and conditions. If any court of competent jurisdiction finds any term or condition of this Agreement to be invalid or unenforceable for any reason, all other terms and conditions shall be unaffected and remain in full force and effect unless otherwise validly terminated. PARK may assign its rights and duties under this Agreement to any party at any time without notice to you. PARK makes no representation that materials in the PARK website are appropriate or available for use in other locations outside California.
The provisions of this Agreement shall survive the term of your use of the PARK website.
By using the PARK website, you agree that PARK, in its sole discretion, may require you to submit any disputes arising out of your use of the PARK website or this Agreement, including, without limit, disputes arising from or concerning any part of the Agreement’s interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, but excluding procedures for large, complex commercial disputes, by one or more arbitrators appointed in accordance with those rules. Notwithstanding those rules, however, any such arbitration shall be governed by the laws of California as provided in the “Governing Law” section of this Agreement.
Any award in an arbitration initiated under this provision shall be limited to monetary damages and shall include no injunction or direction to any party other than to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
PARK can be reached with any questions or comments regarding the Site or any information or materials on the Site by email: email@example.com or via U.S. Mail addressed to Liberty Utilities, Attention: Public Affairs, 9750 Washburn Road, P.O. Box 7002, Downey, CA 90241-7002.
All Contents of the Site (except where otherwise noted): Copyright 2008 Liberty Utilities. All rights reserved.