1. Your Agreement. Thank you for visiting the website (together with all services, Contents and compilation of all Contents from time to time available thereon, “Site”) for the South Coast AQMD ("we”, “us” or “our”). We are located at 21865 Copley Dr. Diamond Bar, CA 91765. We ask that you carefully review the body of these Terms of Use and all documents referenced in or linked from the body of these Terms of Use (collectively, "Terms of Use") before using the Site. These Terms of Use establish a binding agreement that governs your use of this Site as described in the remainder of this Section 1. The body of these Terms of Use, together with the Privacy & Security Policy referred to in Section 4 below, governs all manners in which you may use this Site. You agree to be bound by all portions of these Terms of Use applicable to any manner in which you use this Site. If you do not agree to any applicable portion of these Terms of Use, you may not use this Site in the manner governed by such portion of these Terms of Use.
2. Information Accuracy and Currency. Although we update this Site periodically, you acknowledge that the information from time to time available on this Site may not be accurate or current.
3. Our Content Rights. Unless otherwise noted, all contents of this Site, including, without limitation, all text, programs, processes, technology, information, content and other materials, together with all copyrights, trademarks, and/or other intellectual property therein (collectively, “Contents”), are owned by us, or by third parties who have licensed such Contents to us. Such Contents are protected by U.S. and international copyright laws. Additionally, the compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is owned by us or our licensors and is protected by U.S. and international copyright laws. We, on behalf of ourselves and our licensors, expressly reserve all rights, including, without limitation, intellectual property rights, in this Site and all Contents and compilation of Contents from time to time available on this Site. Access to this Site does not confer, and shall not be considered as conferring, upon you or any other user of the Site any license or other rights to the Site, the Contents or the compilation of Contents.
4. Privacy and Security. Please review our Privacy & Security Policy, which also governs all manners in which you may use this Site. The Privacy & Security Policy is incorporated into the body of these Terms of Use by this reference.
5. Communications. Any notice or other type of information that is provided to you in connection with using this Site, such as these Terms of Use and the Privacy & Security Policy, amendments to any of these documents, payment confirmations, and other information (collectively, “Communications”), may be posted on this Site or, where applicable, sent to your e-mail address. We are not obligated to provide any Communication to you in paper form.
6. No Warranties. This Site is provided to you on an “as is” basis without any warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, we do not make any representations or warranties that (a) the Contents or the compilation of Contents on our Site will be error-free, (b) defects in our Site will be corrected, (c) our Site or its servers are free of viruses or other harmful components and/or (d) our Site will be secure, accessible continuously and without interruption. Further, we do not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of the Contents or compilation of Contents on our Site.
7. Links to Other Sites. We may provide links from our Site to other sites as a convenience to our visitors. We have no control over the content posted at those linked sites, all of which have separate terms of use and privacy policies. We make no representations about the use, accuracy, reliability, and/or completeness of such sites or any material available on such sites. Links to such sites are not intended to, and do not imply affiliation with or sponsorship or endorsement of, these sites or of the third parties operating such sites. Once you link to another site, you are subject to the terms of use and privacy and security policy of that site and use that site at your own risk.
8. Third Party Sites. We have not reviewed all the third party sites linked to or framing this Site and are not responsible for the contents of any pages contained on such third party sites. By entering this Site, you agree that we are not responsible for the content of any pages of such third party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you may have or might be requested to give to any third party, and you hereby irrevocably waive any claim against us with respect to such third party sites and their content. Your linking to any other pages connected to other sites is at your own risk.
9. Limitations on Use. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g., Firefox, Chrome, or Microsoft Explorer).
10. Limitation of Liability. Neither we South Coast AQMD, nor its officers, employees, nor other agents, accept any liability for any conduct, acts or omissions occurring at this Site. To the maximum extent permitted by law, under no circumstances will we, South Coast AQMD, or its officers, employees, or other agents be liable to you for any consequential, incidental or special damages, including, without limitation, any lost profits, even if you claim to have notified us about such damages, or for any claims by any third parties.
11. Indemnity. You agree to indemnify, defend, and hold us harmless, at your own expense, from and against any liability, fees (including attorney's fees) and/or costs arising out of or relating to your conduct, acts or omissions occurring at this Site, or your breach or violation of these Terms of Use.
12. Jurisdiction/Venue. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Terms of Use or the ownership, operation or maintenance of this Site shall be resolved exclusively in the appropriate state or, where subject matter jurisdiction is proper, federal court in Los Angeles County, California. All such disputes shall be governed by and construed in accordance with the laws of the State of California.
13. Amendments. You agree that we may modify or add to these Terms of Use at our sole discretion, without notice to you, and that your right to access this Site is conditioned upon your compliance with the most current version of these Terms of Use. You further agree that we may modify all or any portion of this Site and/or any service available on this Site without notice or cause at any time.
14. Entire Agreement. The body of these Terms of Use, together with all documents referenced in and/or linked from the body of these Terms of Use and any other terms and conditions posted by us on this Site constitute the entire agreement between you and us relating to your use of this Site and supersede any prior or contemporaneous representations or agreements. These Terms of Use shall govern our respective legal rights and obligations. Any rights not otherwise expressly granted by these Terms of Use are reserved by us. These Terms of Use may not be modified, either expressly or by implication, except as set forth in Section 13 above.
15. Termination. We may terminate all or any portion of these Terms of Use and/or all or any portion of this Site without notice or cause at any time. You agree not to use all the applicable portions of this Site for any reason if at any time we terminate your access to all or any portion of this Site, we terminate all or any portion of these Terms of Use, or you do not agree to all or any portion of these Terms of Use. If at any time you do not agree with any portion of the body of these Terms of Use or the Privacy & Security Policy, you must immediately cease using this Site. Further, if at any time you are attempting to use this Site to make a payment, you do not agree with any applicable portion of the Additional Terms, you must immediately cease using this Site to make such payment. The provisions of Sections 3, 10, 11, 12, 13, 15, and 16 of the body of these Terms of Use and all of the Additional Terms shall survive any termination of these Terms of Use.
16. Invalidity. If any provision of these Terms of Use is deemed invalid or for some reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not in any way affect the validity or enforceability of the remainder of these Terms of Use not deemed invalid or unenforceable.