Terms of Service

By accessing or using the Service, clicking to accept these Terms, or purchasing a report, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you use the Service on behalf of a water system, agency, or other organization, you represent that you are authorized to bind that organization, and “you” refers to that organization.

You must be at least 18 years old and authorized to act for the public water system whose data you submit. The Service is intended for water system operators, administrators, and the consultants or staff they authorize. You are responsible for ensuring that your use of the Service is permitted under your organization’s own policies and any applicable procurement rules.

RCSCA helps community water systems prepare Consumer Confidence Reports (“CCRs”) by collecting water-quality data, pre-filling values from available data sources, and generating a draft report formatted to common federal and state primacy-agency expectations.

The Service is a preparation and drafting tool only. It is not a law firm, engineering firm, laboratory, or regulatory agency, and it does not provide legal, engineering, or compliance advice. Unless we have agreed otherwise in a separate signed writing, RCSCA does not certify, submit, or file any report with any regulator on your behalf.

• You must provide accurate account information and keep it current.
• You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
• Notify us promptly at hello@rcsca.org if you suspect unauthorized use of your account.

The Safe Drinking Water Act and your state primacy agency place the legal duty to produce an accurate CCR on the water system, not on any vendor. Accordingly:

• You are solely responsible for reviewing and independently verifying every value, statement, and figure in any report before you certify, publish, distribute, or submit it.
• You are solely responsible for meeting all applicable monitoring, certification, public-notification, and reporting deadlines.
• Pre-filled and suggested values are aids based on available data and may be incomplete, out of date, or incorrect. They are not a representation that your report is accurate or compliant.
• RCSCA does not guarantee that any report generated through the Service satisfies the requirements of any federal, state, or local authority.

You assume full responsibility for the content and distribution of any report you finalize, and for any consequences of errors or omissions in the data you provide or approve.

As between you and RCSCA, you own the data you submit and the reports you generate (“Customer Data”). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to operate and provide the Service to you, and as otherwise described in our Privacy Policy.

You represent that you have the rights necessary to submit your Customer Data and that doing so does not violate any law or third-party right. We may create and use de-identified and aggregated data derived from use of the Service to operate, secure, analyze, and improve our products; such data does not identify you or any individual.

The Service may incorporate data from public sources, including the California State Water Resources Control Board (waterboards.ca.gov) and federal databases. That data is provided by third parties “as is” and may be incomplete, delayed, or inaccurate. We do not control and are not responsible for third-party data, and you must verify any such value before relying on it.

• Fees are charged per well and per report, at the prices shown at checkout, plus applicable taxes (including California sales tax where required). The price presented before payment controls.
• Payments are processed by our third-party payment processor. We do not store full payment-card numbers. Your use of payment features is also subject to the processor’s terms.
• Because a report’s detected values and export are delivered to you immediately upon payment, fees are non-refundable once a report is unlocked, except where a refund is required by law or expressly granted by us in writing.
• You are responsible for all taxes associated with your purchase other than taxes based on our net income.

You agree not to:

• submit data you are not authorized to submit, or impersonate any water system or person;
• reverse engineer, scrape, resell, or build a competing product from the Service, except to the extent this restriction is prohibited by law;
• interfere with the Service’s operation, attempt to bypass usage or payment controls, or access it through unauthorized means;
• upload malware or unlawful content, or use the Service to violate any law or third-party right.

The Service, including its software, design, and content (excluding Customer Data), is owned by RCSCA and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription or purchase, subject to these Terms. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY REPORT OR DATA PRODUCED THROUGH THE SERVICE WILL BE ACCURATE OR WILL SATISFY ANY REGULATORY REQUIREMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, RCSCA AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR REGULATORY PENALTIES OR FINES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

To the extent permitted by applicable law, you will defend, indemnify, and hold harmless RCSCA from any claims, damages, and costs (including reasonable attorneys’ fees) arising out of your Customer Data, your use of the Service, any report you certify or distribute, or your breach of these Terms or violation of law. We recognize that public agencies may be limited in their ability to indemnify; for such customers this section applies only to the extent permitted by applicable law.

These Terms apply while you use the Service. You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. Sections that by their nature should survive termination (including Sections 5, 6, 10–13, and 16) will survive.

We may modify the Service or these Terms. If we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to any arbitration provision the parties separately agree to, the state and federal courts located in [your county, e.g. Sacramento County], California will have exclusive jurisdiction over any dispute, and you consent to venue there. Nothing in this section limits either party’s ability to seek injunctive relief to protect its intellectual property.

• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Severability. If any provision is unenforceable, the rest remains in effect.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and RCSCA regarding the Service and supersede prior agreements, except for any separate signed agreement, which controls to the extent of a conflict.
• Waiver. Our failure to enforce a provision is not a waiver of it.

Questions about these Terms? Contact us at hello@rcsca.org or [RCSCA mailing address].