This Privacy Policy is effective as of August 20, 2008.
The practices set forth in this Privacy Policy apply to the services available under the domain and subdomains of the www.palisadesindexes.com web site (the “Web site”), which is owned and operated by Palisades Water Index Associates, LLC, a Delaware limited liability company, and its corporate affiliates (collectively, “us”, “we,” or “the Company”). By using the Web site, you signify that you have read, understand and agree to be bound by this Privacy Policy (“Privacy Policy”).
The Company’s Privacy Policy (and any revisions thereto) is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using the Web site. This Privacy Policy shall govern all information collected from or posted at the Web site, and the use of the personal information you decide to share. We reserve the right, at our sole discretion, to change, modify, add or delete portions this Privacy Policy at any time without further notice. If we do this, we will post the changes to this Privacy Policy on the Web site and will indicate at the top of the page the Privacy Policy’s effective date. Your continued use of the Web site after any such change constitutes your acceptance of the new Privacy Policy. If you do not agree to be bound by these or any revisions thereto, please do not use or access the Web site. It is your responsibility to regularly review this Privacy Policy.
The Company cares deeply about online privacy and the privacy of our users. If you have any questions concerning this Privacy Policy, please contact us at 310-922-1481.
WHAT PERSONAL INFORMATION DO WE COLLECT?
You may browse most of our Web site without providing us with any personal
information about yourself. However, in order to download our product
brochures, we request that you provide your personal information, including
your name, address, e-mail address, and telephone number. We will
then email you a username and password to access the requested brochure.
Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times and referring Web site addresses, but is not linked to your personal information. This data is used to manage the Web site, track usage and improve the Web site services.
SHARING OF INFORMATION
The privacy of individual user data is always respected and protected.
We will never disclose, sell, or rent personal information that identifies
any of our users without specific authorization to do so. We do
not and will not disclose your identity in any statistical reports or
analyses distributed to third parties.
MARKETING
From time to time, we may use your personal information to send you informational
and marketing literature about our company by email. If you have
received a promotional email from us and do not wish to receive future
emails, please contact us at: 310-922-1481.
BUSINESS TRANSFERS
As we continue to develop our business, we might form, sell or buy subsidiaries
or business units. In such transactions, customer information
generally is one of the transferred business assets but remains subject
to the promises made in any pre-existing Privacy Policy (unless, of
course, the customer consents otherwise). Also, in the unlikely
event that we sell substantially all of its assets or stock, customer
information will of course be one of the transferred assets.
LEGAL REQUESTS
We release personal information when we believe such release is appropriate
to comply with the law or enforce or apply our Terms and Conditions and
other terms and conditions or protect the rights, property, or safety
of the Web site, our users, or others. This includes exchanging
information with other companies and organizations for fraud protection
and credit risk reduction. Due to the existing regulatory environment,
we cannot ensure that all of your private communications and other personal
information will never be disclosed in ways not otherwise described in
this Privacy Policy. Obviously, however, this does not include
selling, renting, sharing, or otherwise disclosing personally identifiable
information from customers for commercial purposes in violation of the
commitments set forth in this Privacy Policy.
CHILDREN UNDER THE AGE OF 13
The Company does not knowingly collect or solicit personal information
from anyone under the age of 13 or knowingly allow such persons to register
on the Website. If you are under 13, please do not send any information
about yourself to us, including your name, address, telephone number,
or email address. No one under age 13 is allowed to provide any
personal information to The Company. In the event that we learn
that we have collected personal information from a child under age 13
we will delete that information as quickly as possible.
CHILDREN BETWEEN THE AGES OF 13 AND 18
The Company does recommend that minors over the age of 13 ask their
parents for permission before sending any information about themselves
over the Internet.
SECURITY
Although no use of the Internet is
100% secure, we work to protect the security of your information
during transmission by using Secure Sockets Layer (SSL) software, which
encrypts information you input. We use reasonable measures to
protect user information that is stored within our database, and we
restrict access to user information to those employees who need access
to perform their job functions, such as our customer service personnel
and technical staff. Please note that we cannot guarantee the
security of user information. Unauthorized entry or use, hardware or
software failure, and other factors may compromise the security of
user information at any time. For any additional information
about the security measures we use on the Web site, please contact
us at 310-922-1481.
EXTERNAL LINKS
The Web site may contain links to other
web sites. We of course
are not responsible for the privacy policies and/or practices on other
web sites. When linking to another web site we encourage our users
to read the privacy policy stated on each and every web site. This Privacy
Policy only governs information collected on the Website.
QUESTIONS?
If you have any questions or concerns about this Privacy Policy or other
aspects of the Web site, please contact us at: 310-922-1481.
This site (“Web site”) is owned and operated by Palisades Water Index Associates, LLC, a Delaware limited liability company, (the “Company” or “we” or “us”). Please feel free to browse this Web site; however, your access to, and use of, this Web site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing this Web site, you indicate your acknowledgement and acceptance of these Terms and Conditions. From time to time, we may modify the Terms and Conditions. Accordingly, please continue to review the Terms and Conditions whenever accessing or using the Web site. Your use of the Web site, or any service on the Web site, after the posting of modifications to the Terms and Conditions, will constitute your acceptance of the Terms and Conditions, as modified. If at any time you do not wish to accept the Terms and Conditions, you may not use the Web site. Any terms or conditions proposed by you that are in addition to or which conflict with the Terms and Conditions are expressly rejected by the Company and shall be of no force or effect.
License To Use Site
The Web site is for your personal and noncommercial use only. You
may not modify, copy, distribute, download, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
incorporate into any information retrieval system, or sell any information,
software, products or services obtained from the Web site without the
prior permission of the Company. You may not use or exploit any
data or information obtained from or through the Company for the purpose
of creating (whether by yourself or by any third party) any financial
product or service which seeks to match the performance of or whose capital
and/or income value is related to the Company’s indices or any
part thereof, or generally exploit the Company’s data or indices
in a manner designed to benefit you or any third party, unless you have
obtained a license from the Company.
Subject to your performance of all of the provisions of this Agreement, the Company hereby grants you a limited, terminable, personal, non-exclusive license to access and use the Web site solely as provided herein. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or purchase the Company product offerings. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of the Company is strictly prohibited. You acquire no rights or licenses in or to the Web site and materials contained therein other than the limited right to utilize the Web site in accordance with these terms.
Privacy
Any and all information that we obtain from you, including names, addresses,
telephone numbers, and e-mail addresses, and any other information
concerning use, transactions, and traffic through the Web site may
be collected and used by us as provided in our Privacy Policy which
can be accessed through the following link: <Privacy Policy>.
Additional User Representations
By using the Web site, you represent, warrant and covenant that you:
(i) have the power and authority to enter into this Agreement; (ii)
shall not use any rights granted hereunder for any unlawful purpose;
(iii) shall use the Web site only as set forth in these Terms and Conditions;
and (iv) are thirteen years of age or older to register on the Web
site. If you are under the age of 13, you are not allowed to
register for programs or services on the Web site.
Ownership Of Materials
You acknowledge that the Web site and the Company’s product offerings
have been developed, compiled, prepared, revised, selected and arranged
by the Company and others through the expenditure of substantial time,
effort and money and constitutes valuable intellectual property and trade
secrets of the Company. The Company exclusively owns all worldwide
right, title and interest in and to all documentation, software, contents,
graphics, designs, data, computer codes, ideas, know-how, “look
and feel,” compilations, magnetic translations, digital conversions
and other materials included within the Web site and related to the Web
site and all modifications and derivative works thereof, and all intellectual
property rights related thereto.
The trademarks, logos and service marks (“Marks”) displayed on the Web site, including without limitation the Company’s name and logo, are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Web site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. Users are prohibited from using, transferring, disposing of, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of or using any content on the Web site for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.
No Warranties
All information, data, and related information and materials provided
by the Company (“Company Data”) is for informational purposes
only, and the Company shall not be responsible for any use made of
the Company Data. You understand and agree that the Company Data, as
well as all other information on the Web site, is provided “as
is, as available,” and the Company does not warrant the accuracy,
completeness, non-infringement, originality, timeliness or any other
characteristic of the Company Data.
The Company Data does not constitute an offer or recommendation to buy or sell, or a solicitation of an offer to buy or sell, any security or instrument or to participate in any particular trading strategy. Further, none of the Company Data is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Past performance should not be taken as an indication or guarantee of any future results.
All information on the Web site is provided to you without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and express or implied warranties of title, non-infringement, security and accuracy. Use of the Web site and the Company Data is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Web site will be uninterrupted or error free or that errors will be corrected. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any damages of any kind arising from the use of this Web site or the Company Data. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web site.
Indemnification
You shall indemnify, defend and hold harmless the Company, its officers,
directors, employees, suppliers, agents, subsidiaries, affiliates,
successors and assigns (each an “Indemnitee”) from all
liabilities, losses, damages, claims and expenses, including reasonable
attorneys’ fees and costs, whether or not a lawsuit or other
proceeding is filed, that in any way arises out of or relates to (a)
your breach or violation of this Agreement (b) your use of the Web
site or the Company Data, and any transaction or other activity that
arises from or is otherwise related to the Web site or the Company
Data; (c) any and all claims, demands, legal action or judgments arising
out of or relating to any use of the products or services you purchase
from the Company; and/or (d) your negligence or willful misconduct. In
the event you fail to promptly indemnify and defend such claims and/or
pay the expenses of such Indemnitee, as provided above, such Indemnitee
shall have the right to defend itself, and in that case, you shall
reimburse such Indemnitee for all of its reasonable attorney’s
fees, costs and damages incurred in settling or defending such claims
within thirty (30) days of each of such Indemnitee’s written
requests.
Limitation Of Liability
The Company shall not have any liability or obligation to you or any
other person for any claim, loss, damage or expense caused in whole
or in part, directly or indirectly, by the inadequacy of any program
or service for any purpose, or by any delay in the Company’s
performance, or for any special, direct, indirect, incidental, consequential,
exemplary or punitive damages, however caused, including without limitation,
property damage, personal injury or loss of business or profit, whether
or not you informed the Company of the possibility or likelihood of
any such damages. Additionally, the Company shall not be liable
for any direct, indirect, special, incidental, consequential or exemplary
damages, whether foreseeable or not, that are in any way related to
this Agreement, the breach thereof, the use or inability to use the
Web site or the Company Data, the results generated from the use of
the Web site or the Company Data, loss of goodwill or profits, lost
business however characterized and/or from any other cause whatsoever.
Communications On Internet; Events Beyond Our Control
Use of the Internet is solely at your own risk and is subject to all
applicable local, state, national, and international laws and regulations. While
the Company has endeavored to create a secure and reliable Site, the
Company and its affiliates are not responsible for the security of
information transmitted via the Internet, the accuracy of the information
contained on the Web site, or for the consequences of any reliance
on such information. You must make your own determination as
to these matters. The Company cannot guarantee your ability to
access the Web site at all times, or that the Web site will be secure,
uninterrupted, or error-free, nor can the Company provide assurances
that transactions will be completed properly. The Company is
not responsible for failure to receive a request or other technical
problems. The Company and its affiliates shall not be liable
for damages as a result of any delay or other failure of performance
due to causes beyond its reasonable control including, without limitation,
acts of God, acts of the customer or any of its representatives, acts
of military or civil authorities, fire or other casualty, strikes,
lockouts, weather, epidemic, war, riot, terrorism, telecommunications
interruptions or computer viruses.
Confidentiality Of User Communications
Except as required or permitted by law, the Company will maintain the
confidentiality of all user communications that contain personal user
information and are transmitted directly to the Company. Your use of
the Web site is subject to our Privacy Policy, which is part of these
Terms and Conditions.
Linked Internet Sites
The Company is not responsible for the content available on any other
Internet sites linked to the Web site. Access to any other Internet
sites linked to the Web site is at the user's own risk.
Changes To Terms And Conditions
The Company reserves the right to revise these Terms and Conditions at
any time and users of the Web site are deemed to be apprised of and
bound by any changes to these Terms and Conditions.
Termination By the Company
The Company may terminate this Agreement at any time, for any reason,
with or without notice to you. You agree that immediately upon
termination of this Agreement, whether or not you receive notice of
such termination, the license herein shall be immediately terminated
and you shall not have any further rights to use the Web site. Upon
termination of the license granted hereunder, the Company’s obligations
to you shall cease.
Governing Law/Venue
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the State of Delaware for agreements to be performed
entirely within the State of Delaware, without regard to choice of
law provisions. Both parties irrevocably submit to the jurisdiction
of the state or federal courts located in Delaware,
for any action or proceeding regarding this Agreement, and both parties
waive any right to object to the jurisdiction or venue of the courts
in Delaware.
Miscellaneous
To the extent that anything in or associated
with the Web site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not be deemed
either a waiver of such provision or a waiver of the right to enforce such
provision. This Agreement, including our Privacy Policy which is
incorporated by reference, constitutes the entire agreement between the
parties regarding the subject matter hereof, and supersedes all prior or
contemporaneous understandings or agreements, whether oral or written regarding