Monitor My Watershed® Terms of Use

The following terms and conditions govern all use of the https://MonitorMyWatershed.org website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Stroud™ Water Research Center and LimnoTech. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Website by Stroud Water Research Center and LimnoTech (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

  1. Your MonitorMyWatershed.org account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Stroud Water Research Center and LimnoTech may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Stroud Water Research Center and LimnoTech liability. You must immediately notify Stroud Water Research Center and LimnoTech of any unauthorized uses of your account or any other breaches of security. Stroud Water Research Center and LimnoTech will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you post material to the Website or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • all of the data you post to this site will be made public according to the Creative Commons Attribution Share Alike License (CC-By-SA).
    • the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Stroud Water Research Center and LimnoTech or otherwise.
  3. By submitting Content to Stroud Water Research Center and LimnoTech for inclusion on your account, you grant Stroud Water Research Center and LimnoTech a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting the Website. If you delete Content, Stroud Water Research Center and LimnoTech will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
  4. Without limiting any of those representations or warranties, Stroud Water Research Center and LimnoTech have the right (though not the obligation) to, in Stroud Water Research Center and LimnoTech's sole discretion (i) refuse or remove any content that, in Stroud Water Research Center and LimnoTech's reasonable opinion, violates any Stroud Water Research Center or LimnoTech policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Stroud Water Research Center's and LimnoTech's sole discretion. Stroud Water Research Center and LimnoTech will have no obligation to provide a refund of any amounts previously paid.
  5. Responsibility of Website Visitors. Stroud Water Research Center and LimnoTech have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Stroud Water Research Center and LimnoTech do not represent or imply that they endorse the material there posted, or that they believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Stroud Water Research Center and LimnoTech disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which MonitorMyWatershed.org links, and that link to MonitorMyWatershed.org. Stroud Water Research Center and LimnoTech do not have any control over those non-Stroud Water Research Center/LimnoTech websites and web pages, and are not responsible for their contents or their use. By linking to a non-Stroud Water Research Center/LimnoTech website or web page, Stroud Water Research Center and LimnoTech do not represent or imply that they endorse such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Stroud Water Research Center and LimnoTech disclaim any responsibility for any harm resulting from your use of non-Stroud Water Research Center/LimnoTech websites and web pages.
  7. Copyright Infringement and DMCA Policy. As Stroud Water Research Center and LimnoTech ask others to respect its intellectual property rights, they respect the intellectual property rights of others. If you believe that material located on or linked to by MonitorMyWatershed.org violates your copyright, you are encouraged to notify Stroud Water Research Center and LimnoTech in accordance with Stroud Water Research Center and LimnoTech's Digital Millennium Copyright Act ("DMCA") Policy. Stroud Water Research Center and LimnoTech will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Stroud Water Research Center and LimnoTech will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Stroud Water Research Center and LimnoTech or others. In the case of such termination, Stroud Water Research Center and LimnoTech will have no obligation to provide a refund of any amounts previously paid to Stroud Water Research Center and LimnoTech.
  8. Intellectual Property. This Agreement does not transfer from Stroud Water Research Center and LimnoTech to you any Stroud Water Research Center, LimnoTech, or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Stroud Water Research Center and LimnoTech. Stroud Water Research Center and LimnoTech, MonitorMyWatershed.org, the MonitorMyWatershed.org logo, and all other trademarks, service marks, graphics and logos used in connection with the websites named above, or the Website are trademarks or registered trademarks of Stroud Water Research Center or Stroud Water Research Center's licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Stroud Water Research Center, LimnoTech, or third-party trademarks.
  9. Changes. Stroud Water Research Center and LimnoTech reserve the right, at their sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Stroud Water Research Center and LimnoTech may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  10. Termination. Stroud Water Research Center and LimnoTech may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MonitorMyWatershed.org account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Stroud Water Research Center and LimnoTech if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Stroud Water Research Center and LimnoTech's notice to you thereof; provided that, Stroud Water Research Center and LimnoTech can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  11. Disclaimer of Warranties. The Website is provided "as is." Stroud Water Research Center and LimnoTech and their suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Stroud Water Research Center nor LimnoTech nor their suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  12. Limitation of Liability. In no event will Stroud Water Research Center and LimnoTech, or their suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Stroud Water Research Center and LimnoTech under this agreement during the twelve (12) month period prior to the cause of action. Stroud Water Research Center and LimnoTech shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with Stroud Water Research Center and LimnoTech’s Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  14. Indemnification. You agree to indemnify and hold harmless Stroud Water Research Center and LimnoTech, their contractors, and their licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  15. Miscellaneous. This Agreement constitutes the entire agreement between Stroud Water Research Center, LimnoTech, and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Stroud Water Research Center and LimnoTech, or by the posting by Stroud Water Research Center and LimnoTech of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Chester County, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute concerning the operation or performance of this agreement arises, the parties agree to first make good faith efforts to resolve that dispute by negotiation between the parties. In the event the dispute cannot be resolved by good faith negotiation, the parties agree to submit their dispute to binding arbitration in Wilmington, Delaware, under such rules of procedure that will permit both parties to fully discover and present all facts relevant to full and fair resolution of the dispute. The parties agree that the purpose and intention of this arbitration term is to advance the least time-consuming and least expensive means of resolving any dispute that may arise between the parties. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Stroud Water Research Center and LimnoTech may assign their rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.