We acknowledge that the raw data obtained from the In-Situ monitoring devices purchased or leased by you and transferred into the site shall remain your property. Except as expressly provided in the previous sentence, all content included on the site, including text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of In-Situ or In-Situ’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content on the site is the property of In-Situ and is protected by the laws of the United States and other countries and international treaties. Marks indicated on the site are registered trademarks of In-Situ. All other trademarks that are not owned by In-Situ that appear on the site are the property of their respective owners.
License and Site Use
If you or your customers use the site, you are responsible for maintaining the confidentiality of membership and account information, usernames, passwords and IDs that may be required to use the site from time to time (“Account Information”) and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information. In-Situ reserves the right in its sole discretion to refuse access to the site or services provided through it, or terminate accounts and usage rights.
The HydroVu services and the site rely upon the availability of cellular, satellite, internet and other forms of electronic communications. You acknowledge that these varying forms of electronic communications are provided by third parties and are susceptible to periodic outages that are beyond our control. YOU AGREE TO NOT HOLD US RESPONSIBLE FOR DAMAGES OR DELAYS CAUSED BY DISRUPTIONS TO THE COMMUNICATIONS OR HOSTING SERVICES. You are also encouraged to download your information from the site on a regular basis in order to avoid potential loss of information.
THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN-SITU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN-SITU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN-SITU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, IN-SITU DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE PRIVACY OR SECURITY OF ANY INFORMATION ON THE SITE.
You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold In-Situ and its providers harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of the site. You shall use your best efforts to cooperate with us in the defense of any claim.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL IN-SITU BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY IN-SITU SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF IN-SITU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY YOU OVER THE PREVIOUS TWELVE MONTHS.