Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Failure to comply with these Terms of Use may result in the immediate termination of access to and / or use of American States Water Company’s web site.
This website (“Site”) is operated and maintained by American States Water Company, a wholly owned subsidiary of American States Water Company, collectively known as “American States Water.” “User” refers to an individual or entity accessing this Site.
By using this Site, User assents to these Terms of Use. If User does not agree to them, User should not continue to use this Site. User expressly acknowledges that use of this Site is at User's sole risk.
Changes to the Terms of Use
American States Water expressly reserves the right to make any changes to these Terms of Use, or to the Site content, at any time and without prior notice. When changes and/or updates are made to the content of materials or information on this Site, American States Water is not liable for any damages that may arise because these changes may or may not be accurately reflected on the Site.
User should view these Terms of Use periodically to stay informed of changes that may affect User, as User’s continued use of this Site manifests User’s continuing consent to the then-existing Terms of Use.
Restrictions on Use of Materials
No material or information from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed except as authorized in these Terms of Use, as expressly authorized on the information or materials themselves, or as approved in writing by American States Water.
Disclaimer of Liability
American States Water shall not be held liable for any improper or incorrect use of the materials or information described and/or contained on this Site and assumes no responsibility for User's use of them. In no event shall American States Water be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (or any combination thereof) arising in any way out of the use of this Site or the materials and / or information contained herein.
This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
Disclaimer of Warranties
The materials on this Site are provided "AS IS" and without warranties, representations, conditions, or guaranties, of any kind. Golden State explicitly disclaims all warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Risk of Computer Virus
American States Water does not warrant that the functions contained in the materials in this site will be uninterrupted or error-free, that defects will be corrected, or that this Site, or the server that makes it available, are free from viruses or other harmful components. It is User’s sole responsibility to safeguard against such risks while using this Site.
Accuracy and Use of Information
American States Water does not warrant nor make any representations regarding the use, content, or the results of the use of the materials or information on this Site, or the accuracy, adequacy, completeness, legality, reliability, or usefulness of any the materials and/or information reflected on this Site.
Continuous Service
User acknowledges that, due to the dynamic nature of the Internet, materials and information freely available one day may be restricted the next day, or undiscoverable due to changes in the organization of menus, homepages or files.
Disclaimer of Content or Representations Made By An Off-site Website
Reference on this Site to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute nor imply an endorsement, recommendation or favoring by American States Water.
American States Water is not responsible for the contents of any off-site materials referenced on, or hyper-linked from, this Site. The User voluntarily and explicitly acknowledges that American States Water is not liable for the defamatory, offensive or illegal conduct of other users, links, websites or third parties, and that the risk of injury from the foregoing rests entirely with the User.
Links from this Site to other sites on the Web do not constitute an endorsement from American States Water. These links are provided for informational purposes only. It is the User’s responsibility to evaluate the content and usefulness of the materials and / or information obtained from other sites.
Indemnification
To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless, American States Water, its directors, officers, employees and/or agents, from and against all liabilities, claims and expenses, including attorneys' fees, arising out of the User's use of this Site, or the User’s use of the materials or information contained on this Site.
General Provisions
This Terms of Use policy, which explicitly incorporates by reference American State Water’s Privacy Policy, is the final and completely integrated understanding of the agreement between American States Water and User regarding User’s use of this Site. These Terms of Use supersede any and all prior or contemporaneous agreements or understandings between Golden State and User.
Any modifications or waivers of any of the provisions within these Terms of Use are not binding unless in a signed writing by Golden State.
American States Water’s electronically, or otherwise properly stored copy of these Terms of Use, is the true, complete and enforceable copy of these Terms of Use. User shall not contest the admissibility or enforceability of American States Water’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use.
Any legal or equitable cause of action arising from or relating to User’s use of this Site must be brought within one (1) year after the cause of action arises.
If any provision of these Terms of Use is declared unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other terms and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Use, including the legal disclaimers and indemnification, shall be governed by and construed in accordance with the laws of the State of California.