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Terms and Conditions

PLEASE READ THE GENERAL TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) OF THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY CAREFULLY BEFORE USING THE WEBSITE www.bbarwa.org OR ANY SERVICES OFFERED BY THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY.

By using the website, the discussion list, and other services offered by the Big Bear Area Regional Wastewater Agency, you must signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.

www.bbarwa.org is an online information service provided by the Big Bear Area Regional Wastewater Agency, which may revise and update these Terms and Conditions at any time by posting such revised Terms and Conditions at www.bbarwa.org. Your continued usage of this site or any of its services will mean you accept those changes.

No Legal Advice

The materials available on this site (the “Materials”) have been prepared by the Big Bear Area Regional Wastewater Agency, its staff and other contributors for informational purposes only, are not legal advice and should not be relied upon as such. The Big Bear Area Regional Wastewater Agency does not guarantee or warrant that the Materials are accurate, complete, or up-to-date. The Materials are general in nature and may not apply to particular factual or legal circumstances. Laws and procedures change frequently and are subject to differing interpretations. The Materials are not intended to substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction. If you want legal advice, please consult a lawyer. This site is not intended to create, and your use of the Materials does not constitute, a lawyer-client relationship. You should not act upon any of the Materials without seeking professional counsel. Any opinions, whether legal or otherwise, expressed on this site are solely those of the respective authors.

Copyright

The Materials are protected by the United States and other copyright laws, except for works of the United States Government pursuant to 17 U.S.C. Section 105. The selection, arrangement, and presentation of all Materials (including information in the public domain), and the overall design of this site are copyright (C) 2022 Big Bear Area Regional Wastewater Agency, all rights reserved. The Big Bear Area Regional Wastewater Agency is the owner of all copyrights in and to the Materials, except for works of the United States Government pursuant to 17 U.S.C. Section 105. Permission is granted to view and print materials from this site for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, re-transmission, or modification of information or Materials of this site, whether in electronic or hard copy form, without the express written permission of the Big Bear Area Regional Wastewater Agency, is strictly prohibited.

Trademarks

The Big Bear Area Regional Wastewater Agency logo is a service mark of the Big Bear Area Regional Wastewater Agency.

Discussion List

In consideration of your use of the discussion list of the Big Bear Area Regional Wastewater Agency you agree not to: 1) upload or transmit any communications or content of any type that infringes or violates any rights of any party; 2) post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or other violates any law; 3) impersonate another person or allow any other person or entity to use your identification for posting materials to the list; 4) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or inhibits any other person from using or enjoying the list.

The Big Bear Area Regional Wastewater Agency has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the discussion list (or any portion thereof) at any time.

By submitting communications or content to any part of the discussion list, you agree that such submission is non-confidential for all purposes. If you make any submission, you automatically grant or warrant that the owner of such content has expressly granted to the Big Bear Area Regional Wastewater Agency a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.

The Big Bear Area Regional Wastewater Agency disclaims any and all responsibility and liability for any materials that the Big Bear Area Regional Wastewater Agency deems inappropriate for posting which cannot be removed in an expeditious or otherwise timely manner. The Big Bear Area Regional Wastewater Agency reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Any articles, messages, posts, comments, images, video or other content containing any of the following shall not be allowed and may be removed as soon as possible:

  • Comments not topically related to the particular article or post being commented on;
  • Comments in support of or opposition to political campaigns or ballot measures;
  • Profane language or content;
  • Content that promotes, fosters, or perpetuates discrimination on the the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation;
  • Sexual content or links to sexual content;
  • Solicitations of commerce;
  • Conduct or encouragement of illegal activity;
  • Information that may tend to compromise the safety or security of the public or public systems; or content that violates a legal ownership interest of any other party.

Privacy

The Big Bear Area Regional Wastewater Agency has a Privacy Policy in place.

No Warranties

THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY DOES NOT MAKE ANY EXPRESS OF IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THIS SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, OR ANY THIRD PARTY SITES LISTED ON THIS SITE, AND THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED. THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.

IN NO EVENT WILL THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY OR ITS OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR 1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THIS SITE OR DOWNLOADED FROM THIS SITE, EVEN IF THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR 2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THIS SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless the Big Bear Area Regional Wastewater Agency and its officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorney’s fees and expenses), claims, damages and liabilities related to or associated with your use of this site and any violation of these Terms and Conditions by you.

Governing Law and Jurisdiction

The Website is controlled and operated by the Big Bear Area Regional Wastewater Agency. By choosing to visit our Website or otherwise provide information to the Big Bear Area Regional Wastewater Agency, you agree that any dispute over privacy or terms contained in the Privacy Policy and Terms and Conditions will be governed by the laws of the State of California. Any dispute arising from or relating to this Agreement shall be arbitrated in Big Bear, California; provided that this sentence shall not apply to you if you are a citizen or resident of the European Union or Switzerland. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgement on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought to to the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The prevailing Party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys’ fees and costs; provided that this sentence shall not apply to you if you are a citizen or resident of the European Union or Switzerland.

Miscellaneous

Except as expressly provided in a particular legal notice posted by the Big Bear Area Regional Wastewater Agency on this site, these Terms and Conditions constitute the entire agreement between you and the Big Bear Area Regional Wastewater Agency with respect to the use of this site and the Materials. The failure of the Big Bear Area Regional Wastewater Agency to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right, neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. The Big Bear Area Regional Wastewater Agency may assign its rights and duties under these Terms and Conditions to any party at any time without any notice to you.

Links to Third-Party Websites

This Website may contain links to third party sites. Access to any other internet site linked to this Website is at the user’s own risk and the Big Bear Area Regional Wastewater Agency is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. The Big Bear Area Regional Wastewater Agency provides these links merely as a convenience and the inclusion of such links does not imply endorsement.

Last Update

These Terms and Conditions were last updated on April 11, 2019.

Contact Information

Questions or comments regarding this site should be sent by e-mail or by U.S. mail to the Big Bear Area Regional Wastewater Agency, 121 Palomino Drive, P.O. Box 517, Big Bear City, CA 92314.

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