Terms of Use

Welcome to the Hydropower Foundation, Inc. (“HPF”) website.  Your use of our website at www.hydrofoundation.org, which includes or may include HPF’s mobile sites and downloadable mobile applications and social media pages (collectively the “Site”), or any services offered through the Site (“Services”) is subject to these Terms of Use (these “Terms”).  Please read these Terms in full before using the Site.  By accepting these Terms, or by using the Site, you agree to be legally bound by these Terms.

Acceptance of these Terms
If you do not agree to these Terms, please do not use the Site.  The HPF reserves the right to change these Terms at any time without prior notice and your use of the Site binds you to any/all changes made.  As we do occasionally update these Terms, please refer to them in the future.  The HPF has the right, but not the obligation, to take any actions without providing any prior notice to you including: (i) change or terminate all or any part of the Site or Services; (ii) restrict or terminate your access to all or any part of the Site or Services; and (iii) refuse, move, or remove any content that is available on the Site and any material you submit to the Site.

You agree that the HPF shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or Services. 

Access to the Site
You will be able to access the Site without having to register any details with us. 

Use of the Site
The contents of the Site may be used for informational purposes only.  Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents without the prior written consent of the HPF is expressly forbidden.

Any trademarks or service marks appearing anywhere on the Site are the property of their respective owners.  To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that the HPF or other business has established in any products, features, or service names or logos.

Except as expressly authorized by the HPF in writing, you may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, methods, or process whatsoever, now known or hereafter developed, any content of the Site for commercial gain or profit.  Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you.  You agree to observe copyright and other applicable laws and may not use the contents of the Site in any manner that infringes or violates the rights of any person or entity.  Those portions of the Site owned by the HPF are the copyright of the HPF.  All rights are reserved.  You agree that any/all of the HPF’s trademarks, trade names, service marks, logos, and service names are the property of the HPF (the “HPF Marks”).  You agree not to display or use in any manner the HPF Marks without the prior written permission of the HPF. 

As a condition of your use of the Site, you will not use the Site, or any contents or any of the Services, for any purpose that is unlawful in any applicable jurisdiction where the Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section below.  You may not use the Site or any Services in any manner that could interfere with any other party’s use and enjoyment of the Site, or any content or any Services, other than those you are so authorized.

While every effort is made to ensure the timeliness and accuracy of the Site and any Services, the HPF makes no warranties either express or implied, and assumes no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness, or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness, or reliability. 

We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or Services whatsoever that may be accessed through the Site, or the results to be obtained from using the Site.  We make no representation or warranty that the Site or content is free from defects or viruses.  Your use of any external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made to ensure that all content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer.  We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site.  While every effort is made to ensure smooth operation, we do not warrant the Site will operate error free.
 
User Conduct
When using the Site, you shall not post or send to or from the Site: (i) content for which you have not obtained all necessary consents; (ii) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Site is being used; and (iii) content which is harmful in nature including, and without limitation, computer viruses, corrupted data, or other potentially harmful software or data.

If you provide information to the Site that is untrue, inaccurate, incomplete or not current, of if the HPF has reasonable grounds to suspect that such information is inaccurate, incomplete or not current, the HPF has the right to refuse any and all current or future use of the Site, or any portion thereof, without prior notice.  You agree that the HPF will not be liable to you or any third party for any termination of your access to the Site.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to the Site in breach of this Section.

Third-Party Websites
Any links furnished on the Site may allow you to leave the Site.  These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website or any changes or updates to any of these websites.  We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising.  If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by the HPF of the third-party website.

If you would link to the Site, you may only do so on the basis that you link to, but do not replicate, any page of the Site, and subject to the following conditions: (i) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; (ii) you do not misrepresent your relationship with us or present any false information about us; (iii) you do not link from a website that is not owned by you; and (iv) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the United States of America.

If you choose to link the Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer
THE HPF ASSUMES NO LIABILITY FOR YOUR RELIANCE ON THE CONTENTS OF THE SITE.  ALL INFORMATION ON THE SITE IS FURNISHED FOR YOUR GENERAL KNOWLEDGE AND UNDERSTANDING AND FOR GENERAL REFERENCE ONLY.  THE INFORMATION ON THE SITE DOES NOT CONSTITUTE LEGAL OR PROFESSIONAL ADVICE AND INFORMATION ON THE SITE IS NOT INTENDED TO, NOR DOES IT, INCLUDE INFORMATION REGARDING SAFE OPERATIONS AND MAINTENANCE PRACTICES.  ALL OPERATIONS AND MAINTENANCE PRACTICES SHOULD BE IN ACCORDANCE WITH YOUR COMPANY’S SPECIFIC SAFETY REQUIREMENTS AS WELL AS ALL APPLICABLE LAWS, REGULATIONS AND RECOMMENDED INDUSTRY PRACTICES ADDRESSING SAFETY COMPLIANCE (E.G., OSHA, ETC.).  YOU ARE RESPONSIBLE FOR SEEKING LEGAL OR PROFESSIONAL ADVICE ON ALL MATTERS CONCERNING LEGAL COMPLIANCE AND SAFETY.

All information on the Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only.  The documents and any related graphics published on the Site could include technical inaccuracies or typographical errors.  Changes are periodically added to the information on the Site.  We may make improvements and/or changes to any of the products depicted of described herein at any time.  We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on information from the Site.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, INCLUDING TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Limitation of Liability
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.  THE HRF WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnification
You agree to defend, indemnify, and hold the HPF, its officers, directors, employees, volunteers, agents, licensors, suppliers, and other partners harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third-party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Enforcement
The HPF does not assume responsibility to you or to others for any failure by the HPF to enforce the provisions contained in these Terms.

Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law
We make no representations that the content or the Site are appropriate or may be used or downloaded outside the United States.  Access to the Site and/or the content may not be legal in certain countries outside of the United States.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

You and the HPF agree that these Terms and the relationship between you and the HPF shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflicts of law provisions.  The Site, and the contents thereof, and any disputes arising therefrom shall be construed and interpreted under the laws of the District of Columbia, and applicable federal laws of the United States.  Use of the Site constitutes irrevocable and unconditional agreement to the jurisdiction of the District of Columbia for purposes of all legal proceedings arising out of or relating to these Terms and you agree not to commence any legal proceedings related thereto except in such court.

The Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries.  You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on the Site, as may be required.

General
These Terms, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site. 

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the HPF’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS FOREVER BARRED.

Our Contact Information
If you have any questions or concerns about the Site or these Terms, please contact: info@hydrofoundation.org