Last Modified: April 2018
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, service marks, trade names, service names, logos, sounds, music, artwork and computer code (collectively, the "Content"), including but not limited to the goodwill, design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content contained on the Websites is owned, controlled, operated and/or licensed by or to the IDAs, and is protected by federal and state trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws.
Your Use of the Websites
You may not use any "deep-link," "page-scrape," robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, distribute or monitor any portion of the Websites or any Content, or in any way reproduce, distribute or circumvent the presentation of the Websites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by the IDAs through the Websites.
You may use information on the IDAs' services only when it is clear, through specific notice, that it is purposely and knowingly made available by the IDAs for downloading from the Websites, provided that you: (1) do not remove proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer, server, website, or other medium for publication or distribution or for any commercial enterprise, or broadcast, copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any media or on any other computer, server, website or other medium for publication or distribution or for any commercial enterprise; (3) make no additions, deletions, changes, or modifications to any content or information contained therein; and (4) do not make any representations or warranties relating to such information.
You may not attempt to gain, or assist anyone in attempting to gain unauthorized access to any portion, page or feature of the Websites or Content, or any other systems or networks connected to the Websites, networked computers or their servers, or to any of the services offered on or through the Websites.
You may not, or assist anyone to probe, scan or test the vulnerability of the Websites or any network or server connected to the Websites, nor breach the security or authentication measures on the Websites or any network or server connected to the Websites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Websites, to its source, or exploit the Websites or the Content, or any service or information made available or offered by or through the Websites.
You agree not to use, or assist anyone to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any transaction being conducted on the Websites, or with any other person's, organization's or entity's use of the Websites.
You may not, or assist anyone to manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Websites or any service offered on or through the Websites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual, organization, or entity.
Other Terms and Conditions
The IDAs may make changes related to any links, affiliates, or services offered on the Websites, at any time, without notice. The materials on the Websites with respect to services or any other information may be out of date, and the IDAs make no commitment to update the materials on the Websites with respect to any services or information.
Accounts, Passwords and Security
Certain features or services offered on or through the Websites may require you to sign up for or open an account. You are entirely responsible for maintaining the confidentiality of the information you provide to sign up for, open or maintain your accounts, including your IDs, passwords and user names, and for any and all activity that occurs under your accounts, including as a result of you failing to keep this information secure and confidential. You may be held liable for losses incurred by the IDAs or any other third party, including but not limited to, any user of or visitor to the Websites, due to someone else using your IDs, passwords, user names, or accounts as a result of you failing to keep your account information secure and confidential.
You may not access, use, distribute, copy or obtain any information regarding anyone else's IDs, passwords, user names, or accounts at any time without the express permission and consent of the holder. You may not assume the identity of any other person, organization or entity when opening or using any ID, password, user name or account, or when providing contact or other personal information to the IDAs. You may not provide any other person's, organization's, or entity's contact or other personal information to the IDAs without such person's, organization's, or entity's express written permission to do so. The IDAs will not be liable for any loss or damage to you or to any other person, organization, or entity arising from your failure to comply with these obligations.
Links to Other Websites
The Websites may contain links to other independent third-party websites. They are provided solely as a convenience to our visitors. They are not under the IDAs' ownership, possession or control, and the IDAs are not responsible for and do not endorse the content of any other websites, including any information or materials contained on them. You will need to make your own independent judgment regarding your interaction with such third-party websites.
THE IDAs DO NOT WARRANT, AGREE, REPRESENT OR PROMISE THAT THE WEBSITES OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITES WILL FUNCTION IN ANY PARTICULAR MANNER, BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITES WILL PROVIDE ANY SPECIFIC RESULTS. THE WEBSITES AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
THE IDAs DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALL INFORMATION PROVIDED ON THE WEBSITES IS SUBJECT TO CHANGE WITHOUT NOTICE AND IS TO BE USED AT YOUR OWN RISK. THE IDAs CANNOT ENSURE THAT ANY ACTIVITY ON THE WEBSITES OR THAT ANY FILES, CONTENT OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITES WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES.
THE IDAs DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITES, CONTENT AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OR VISITATION OF THE WEBSITES AND ANY LINKED, INDEPENDENT OR THIRD-PARTY WEBSITES. YOU AGREE THAT IN EXCHANGE FOR YOUR VISIT OR USE OF THE WEBSITES, YOUR SOLE REMEDY AGAINST THE IDAs FOR DISSATISFACTION WITH THE WEBSITES OR ANY CONTENT IS TO STOP USING THE WEBSITES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability, injuries or loss caused by any actions or omissions of the Websites, the Content, or the IDAs, including but not limited to failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, statute, negligence, or any other cause of action or claim, either at law or in equity.
The IDAs reserve the right to do any of the following, in their sole and absolute discretion, at any time, without notice, for any reason and any duration of time: (1) modify, suspend or terminate operation of or access to the Websites, or any portion of the Websites; (2) discontinue, modify or change the Websites, or any portion of the Websites, and any applicable policies or terms; and (3) interrupt the operation of the Websites, or any portion of the Websites.
Exclusion and Limitations of Liability
In no event will the IDAs be liable to you for any contractual, tort, statutory, direct, indirect, special, consequential, liquidated, exemplary, incidental or punitive damages, including lost profits, even if the IDAs have been advised of the possibility of such damages.
You agree to indemnify and hold harmless the IDAs and their officers, directors, predecessors, successors in interest, assigns, employees, agents, attorneys, subsidiaries and affiliates, from any causes of action, damages, demands, losses, injuries, liabilities, claims or expenses, including attorneys' fees and costs, made against the IDAs by any third party due to or arising out of or in connection with your visit to or any use of the Websites or the Content.
The IDAs may disclose any information about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Websites or the Content, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the IDAs' rights or property, or the rights or property of visitors to or users of the Websites. The IDAs reserve the right at all times to disclose any information that they deem necessary to comply with any applicable contract, license, law, regulation, legal process or governmental request. The IDAs also may disclose your information if and when they determine in their sole and absolute discretion that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations.
You agree that the IDAs may, in their sole discretion and without notice, terminate your access to the Websites, and/or block your future access to the Websites for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions or modifications); (3) discontinuance or material modification of the Websites or any service offered on or through the Websites; or (4) technical issues or problems.
Governing Law; Dispute Resolution
No recovery may be sought or received for damages by you. In the event of any controversy or dispute between the IDAs and you arising out of or in connection with your use of the Websites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. The prevailing party will be entitled to costs and attorneys' fees.
You further agree that all matters relating to your access to or use of the Websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Maricopa County, Arizona, and waive any objection to such jurisdiction or venue, and any argument regarding forum non conveniens. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
Void Where Prohibited
The IDAs administer and operate the Websites in Maricopa County, Arizona; other sites may be administered and operated from various locations in the United States. Although the Websites are accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Websites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The IDAs reserve the right to limit, in their sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature or service made on the Websites is void where prohibited. If you choose to access the Websites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Websites, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Last Modified: April 2018