Reservoir Center Water Quality Program Terms and Conditions

Section 1 – Definitions

  1. “Reservoir Center” means the Reservoir Center for Water Solutions operated by Xylem Inc. at 301 Water ST. SE Washington DC.
  2. “Reservoir Center Water Quality Monitoring Project (“Water Quality Monitoring Project”) means the water quality project led by the Reservoir Center to provide publicly accessible water quality data through a visual dashboard and map on the Reservoir Center Water Quality Website. This dashboard provides assessments of water quality through the “good,” impaired,” “usual reading” categorization of water quality parameters to establish water quality readings on a time-interval basis.
  3. “Water Quality Data” means the data collected by the Water Quality Monitoring Project and made available through the Reservoir Center Water Quality website.
  4. “Reservoir Center Water Quality Website” (“Website”) means the website available at water-quality.reservoircenter.org
  5. “Partner” means any organization, institution, agency, or entity that collaborates with the Reservoir Center on the Water Quality Monitoring Project, including but not limited to entities involved in funding, data collection, research, analysis, or dissemination of Water Quality Data.
  6. “You” and “User” mean any individual or entity that accesses, browses, or interacts with the Website, including the retrieval or viewing of the Website.
  7. “Water Quality Sensors” means the sensors in the monitored waterways which measure temperature, conductivity, total dissolved solids, dissolved oxygen, pH, chlorophyll, turbidity, total suspended solids, and fluorescent dissolved organic matter.

Section 2 – Disclaimers

  1. The Water Quality Monitoring Project is not meant to evaluate the biological safety of the monitored waterways. Neither Reservoir Center, nor its Partners, are responsible or legally liable for any illnesses, injuries, or damages incurred by persons or property who engage with the monitored waterways, including without limitation, based on Water Quality Data or any content on the Website.
  2. Never drink directly from the monitored water ways no matter the data provided by the Water Quality Project.
  3. The Water Quality Monitoring Project is only looking at specific parameters measured by the water quality sensors. There may be other compounds or pollutants present in the water that make it unsafe for recreation.
  4. The Water Quality Monitoring Project’s water quality sensors only provide information about water quality at the precise location of the sensor. Water quality may be different elsewhere in monitored waterways. Water quality beyond a Water Quality Monitoring Project’s sensor’s precise location falls outside the scope of the Water Quality Project.
  5. Sensors are programmed to provide information about water quality every 15 minutes at the time of measurement. Water quality may vary between the scheduled measurements or during gaps that may occur due to data collection or transmission failures.

Section 3 – License

  1. The Water Quality Data is made available for User’s use in non-commercial, educational, research or public policy purposes. User’s use of Water Quality Data shall at all times follow good industry practice and comply with all federal, state, and local laws, ordinances, regulations, binding directives and orders, and economic sanctions that are applicable to User.
  2. Other than as specifically further described in this Section 3, You may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use Water Quality Data, without prior written authorization from the Reservoir Center.
  3. The name Reservoir Center Water Quality Monitoring Project and Reservoir Center must not be used in any advertising or publicity to endorse or promote any commercial products or commercial entities unless specific written permission is obtained in advance from the Reservoir Center.
  4. You agree to credit the Reservoir Center Water Quality Monitoring Project in any publication, presentation, or report related to education and research that results from the use of the Water Quality Data.
  5. The Reservoir Center reserves the right to revoke this license for any improper use or failure to abide by these Terms and Conditions.

Section 4 – Terms of Use

  1. The Water Quality Website and data are provided “as is,” without any warranty, whether express or implied, including but not limited to warranties of accuracy, completeness, or fitness for a particular purpose. The Reservoir Center, and its Partners, makes no representation or warranties regarding the reliability of the Water Quality Data, nor the uses to which such data should be applied. The Reservoir Center, and its Partners, disclaim any and all responsibility for any errors or inaccuracies in the Water Quality Data. The Reservoir Center, and its Partners, bear no responsibility for any use made of the Water Quality Data. No other warranties involving The Reservoir Center, its Partners, and the Water Quality Monitoring Project apply to the Website and its data.
  2. All intellectual property solely or jointly developed for the Water Quality Monitoring Project, including equipment, the Website, and Water Quality Data, is owned and retained by the Reservoir Center. Moreover, the License in Section 3 above does not create or govern a partnership or other business venture between You and the Reservoir Center, or its Partners. Each party’s expenses and revenues are solely their own. No party can bind the other in contract or otherwise, and nothing in these Terms and Conditions constitutes one party as a partner, employer, employee or agent of any other party.
  3. You agree to defend, indemnify and hold harmless The Reservoir Center and its Partners, including their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Website and its data, including any actions or inactions by third parties relying on your use of the Website and its data; (ii) Your violation of any term of these Terms and Conditions; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Conditions and Your use of the site. Each party’s liability shall be limited to direct damages.  No party shall be liable for; (i) any indirect, special, incidental or consequential damages; nor (ii) any lost revenue or profits.
  4. The Reservoir Center reserves the right to modify or update the Water Quality Data and these Terms and Conditions at any time without prior notice.
  5. These Terms and Conditions shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms and Conditions shall be brought exclusively in the courts located in Washington, District of Columbia.
  6. Water Quality data does not constitute an endorsement or approval by the Reservoir Center or its Partners of any conclusions or statements made by You or any third party based on the Water Quality Data. You are prohibited from using Water Quality Data to make false, misleading, disparaging, or defamatory statements, remarks, or comments regarding water quality or the actions of any government entity or organization. You acknowledge that data misuse, misinterpretation, or misrepresentation can lead to inaccurate conclusions and public misinformation.
  7. By accessing and downloading data from the Website, You agree to provide your name and email address as part of the download process. This information is collected to better understand who is interested in our data and to enhance our services.
  8. We respect Your privacy and are committed to protecting your personal information. Your personal information will be stored securely and will not be shared with third parties, except as may be required by law. You acknowledge that the Reservoir Center and its Partners will collect and process personal data for the purposes outlined in these Terms and Conditions. Xylem’s data privacy policy is available at https://www.xylem.com/en-us/support/privacy/. You acknowledge that you have read and understood these privacy policies and agree to the use of personal data outlined therein.  The collection and use of personal data by You is Your responsibility.
  1. This constitutes the entire Terms and Conditions between the parties and supersedes all prior and contemporaneous written or oral statements regarding the Terms and Conditions subject matter. You acknowledge that you have not entered into this Terms and Conditions in reliance upon, nor will any party have any remedies in respect of, any statement that is not expressly set out in this Terms and Conditions
  2. For questions or concerns regarding these Terms and Conditions or the use of Water Quality Data, please contact the Reservoir Center at 202-869-9100