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TERMS OF USE AND DISCLAIMER OF LIABILITY

THE FOLLOWING TERMS OF USE APPLY TO YOUR USE OF THE WEBSITE AND ONLINE TOOL FOR SEPTIC SYSTEM OWNERS GUIDE (COLLECTIVELY, THE WEBSITE). BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

Definitions

"You," "your," or "user" means to any person, device, or program that views or otherwise interacts the Website.

"We," "us," "our," or "UNIVERSITY" means Regents of the University of Minnesota.

Electronic Communications

You are communicating with us electronically when you visit or send e-mails to us. You consent to receive communications from us electronically.

Copyright

All content included on the Website, including but not limited to text, graphics, downloads and software, is the property of University or its licensors, and may be protected by United States and international copyright and/or patent laws.

License and Restrictions

University grants you a limited license to access and make personal use of the Website. Except as otherwise explicitly agreed in writing between you and us, content owned by University you receive through the Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by licensors to University may be subject to additional restrictions imposed by the licensors.

The Website, including any portion thereof or content therein, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of University.

You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website. You may not use any meta tags or any other "hidden text" utilizing University's name, service, trademarks, or trade dress without the express prior written consent of the University. Any unauthorized use automatically terminates any permission or license granted by University, and University reserves all rights and remedies with respect to any such infringement.

Trademarks

University logos, graphics including print style and colors used, names and acronyms are trademarks, service marks, or trade dress of University and may not be used without the prior express written consent of the University. All permitted users must include tag lines identifying the marks as belonging to the University and being used with permission. Other trademarks or service marks that may appear on this site are the property of their respective owners and may not be used without prior permission of such owners.

Submitting Information

By submitting content to the Website, you represent and warrant that all information provided by you is current, accurate, and complete, and that you will maintain the accuracy and completeness of this content on a prompt, timely basis. Submitted content should be relevant to the subject and scope of the Website and may not be illegal, obscene, defamatory, threatening, infringing of intellectual-property rights, invasive of privacy, or otherwise injurious, objectionable, or illegal. Any person who provides any content for inclusion on is responsible for ensuring that the content does not violate other parties' copyright or other proprietary rights and does not otherwise violate law. By submitting content and data (including content and data relevant to the septic systems of your clients), you represent and warrant that you have the legal right to do so and that you understand that any content or data submitted may be made public. DO NOT SUBMIT ANY CONTENT OR DATA YOU DO NOT WANT TO MAKE PUBLIC. By submitting content and data (including content and data relevant to the septic systems of your clients), you further represent and that your submission does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or intellectual property rights recognized by applicable jurisdiction. You represent and warrant that you are who you say you are, and that you have not submitted fictitious, false, or inaccurate information about yourself.

University does not regularly review content submitted by third-parties, but University has the right – but not the obligation – to remove, without notice, any content which we consider, for any reason and in our sole discretion, to violate these Terms of use or to be outside the subject scope of the Website. University reserves the right to terminate or restrict your access to the Website, or to delete any content you submit to University, with or without notice, for any or for no reason.

By contributing content to University you grant University a non-exclusive, royalty-free, perpetual, worldwide, revocable license to use the content, including, without limitation, the rights to copy, distribute, transmit, publicly display, print, reproduce, edit, translate, and reformat the content, and for the use of the content by users of the Website in accordance with the Terms of Use provided herein.

You acknowledge and agree to indemnify and hold harmless the University, its affiliates, officers, directors, employees, and agents, including costs and attorneys' fees, from any claim or demand made by and third-party due to or arising out of your use of the Website, or your violation of these Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity, including the disclosure of personal information.

Links

By clicking links within the Website, you may be redirected to websites outside of the control University of Minnesota. University has not and cannot review the information available through websites linked or linking to any part of the Website. The owners of those other websites are solely responsible for the content on those other websites. You agree that University has no responsibility or liability for any content accessed or harm caused by any third-party website. No linking to or from University implies in any way that University is affiliated with any third-party website, or that University has investigated the content or information on those third-party websites.

DISCLAIMERS

THE WEBSITE IS PROVIDED BY UNIVERSITY ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE OR ON THE ACCURACY OF ANY INFORMATION OR MATERIAL GENERATED THOUGH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING SEPTIC SYSTEMS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UNIVERSITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNIVERSITY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM UNIVERSITY ARE FREE OF VIRUSES OR OTHER HARMFUL OR MALCICIOUS PROGRAMS OR COMPONENTS. UNIVERSITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OTHER OTHERWISE) ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Governing law; dispute resolution

Your use of the Website, including these Terms of Use and Disclaimers, shall be governed by the laws of the State of Minnesota, without regard to conflict-of-law principles.

You agree that any dispute between you and us relating in any way to your use of the Website may submitted to binding arbitration in Minneapolis, Minnesota may not be brought in a State or Federal Court. Arbitration under this agreement shall be conducted before a single arbitrator under the rules of the American Arbitration Association prevailing at the time the arbitration is commenced. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Notwithstanding the foregoing, in the event that you have in any manner violated or threatened to violate University intellectual property rights, University may seek injunctive or other appropriate relief in any State or Federal court in the State of Minnesota. You consent to personal jurisdiction in the State and Federal courts located in Minnesota, and agree that the exclusive venue of any such lawsuit shall be the State or Federal court located in or for Hennepin County, Minnesota.

Site Policies, Modification, and Severability

We reserve the right, in our sole discretion, to make changes to the Website, policies and these Terms of Use at any time. Your continued use of the Website following the posting of such changes will constitute your assent to and acceptance of all such changes. If you are dissatisfied with or in any way object to these Terms of Use, your sole remedy is to discontinue your use of the Website.

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, the surviving terms shall be severable and shall not affect the validity and enforceability of any remaining terms.

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