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Access and Use In these Terms, “you” refers to an individual accessing the Site, regardless of the particular features, materials, opportunities or services made available on the Site that you choose to browse, use or take advantage of. To the extent applicable, “you” also includes the corporation or other legal entity (your “Company”), if any, on whose behalf you are accessing the Site. You represent and agree that all information that you provide to Lakewood Township Municipal Utilities Authority (LTMUA) in connection with your access to and use of the Site is, and shall be true, accurate, and complete to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at anytime, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site. Customer Agreements If you are a customer of LTMUA, nothing in these Terms will supersede any other agreement respect to your relationship with LTMUA. Security LTMUA takes commercially reasonable measures to secure and protect information transmitted via or stored on the Site and transmitted to and from the Site. Nevertheless, no security system is impenetrable. We cannot and do not guarantee that information that users of the Site may happen to transmit or otherwise supply, or that any communications or any electronic commerce conducted on or through the Site, is or will be totally secure. You agree to immediately notify us of any breach of Site security, this Privacy Policy or the Terms of Use of which you become aware. Disclaimer Although LTMUA strives to make the Site, the Content, and the features, materials, opportunities, and services provided through the Site reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Site, the Content, and all materials, products, and services available through the Site and LTMUA are at your own initiative and risk. LTMUA does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and LTMUA are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose that you, or your Company, may desire to use them; and (b) free of viruses and other disabling devices and destructive routines. THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND LTMUA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. LTMUA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LTMUA DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH LTMUA ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH LTMUA ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Limitation of Liability IN NO EVENT SHALL LTMUA, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH LTMUA; (B) LTMUA’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PAR11ES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL LTMUA, ITS CONTRACTORS, SUPPLIERS, CONTENT- PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH LTMUA, THE USE, COPYING OR DISPLAY OF THE SITE OR THE CONTENT, OR TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF LTMUA WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF LTMUA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF LTMUA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, AMERICAN WATER AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. 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Indemnity You agree to indemnify and hold LTMUA and our subsidiaries, affiliates, officers, directors, agents, employees, customers and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party, or otherwise arising out of the use of these services. Acknowledgement BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
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