These Terms are entered into by and between You and the Lower Colorado River Authority govern Your use of, and LCRA’s obligations arising out of, the Website; please read them carefully. We may amend these Terms at any time by posting updates to this page. Your use of the Website is voluntary, and Your continued use of the Website constitutes Your acceptance of the Terms and any future amendments to these Terms.
When used in these Terms, the following terms have the following meanings:
- “LCRA”, “We”, “Us”, “Our”, and “Ours” mean and refer to the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas created pursuant to Article XVI, Section 59, of the Texas Constitution, acting on behalf of itself and its affiliates.
- “Website” means the publicly-accessible internet site located at www.lcra.org.
- “You”, “Your”, and “Yours” mean and refer to the person accessing the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, or any of its contents, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for both:
- Making all arrangements necessary for You to have access to the Website; and
- Ensuring that all persons who access the Website through Your internet connection are aware of these Terms and comply with them.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LCRA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit You to use the Website for Your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials; and
- You may store files that are automatically cached by Your web browser for display enhancement purposes.
You may not:
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or
- Use any part of the Website or any content, services, or materials available through the Website for any commercial purposes.
If You copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, Your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by LCRA or LCRA’s licensors. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate applicable copyright, trademark, and other laws.
The LCRA logos are trademarks of LCRA, and You may not use such marks without the prior written permission of LCRA. All other names, logos, product names, service marks, and designs presented through the Website are trademarks of the respective LCRA affiliate or licensor providing such marks for LCRA’s use on the Website.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To impersonate or attempt to impersonate LCRA, an LCRA employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm LCRA or users of the Website, or expose them to liability.
Additionally, You agree not to:
- Sell, resell, distribute, host, lease, rent, license, or sublicense, in whole or in part, the Website;
- Decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer, or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure, or other elements of the Website in whole or in part, for competitive purposes or otherwise;
- Write or develop any derivative works based upon the Website;
- Perform any benchmark testing on the Website;
- Perform or disclose or cause to be performed or disclosed any information related to any security penetration or similar tests;
- Remove any identification, patent, copyright, trademark, or other notices or circumvent or disable any security functionality or features of the Website;
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
- Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include/includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by LCRA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of LCRA. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Texas in the United States of America. We provide the Website for use only by persons located in the State of Texas. We make no claims that the Website or any of its content is accessible or appropriate outside of the State of Texas. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States of America, You do so on Your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN SOLE RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LCRA NOR ANY PERSON ASSOCIATED WITH LCRA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER LCRA NOR ANYONE ASSOCIATED WITH LCRA REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, LCRA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LCRA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless LCRA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or Your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website must be instituted exclusively in the federal courts of the United States or the courts of the State of Texas located in the Travis County, Texas, although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Limitation on Time to File Claims
Waiver and Severability
No waiver by LCRA of any term or condition set out in these Terms may be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LCRA to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms constitute the sole and entire agreement between You and LCRA regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
LCRA respects Your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from You or that You may provide when You visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- On the Website;
- In email, text, and other electronic messages between You and the Website;
It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by LCRA; or
- Any third party, including through any application or content that may link to or be accessible from the Website.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of the Website, including information:
- By which You may be personally identified, such as name, postal address, e-mail address, telephone number, social security number or federal tax ID number (“personal information”);
- That is about You individually, such as transactions entered or initiated by You through the Website;
- That is about You but individually does not identify you, such as aggregated usage metrics; and/or
- About Your internet connection, the equipment You use to access the Website, and usage details.
We collect this information:
- Directly from You when You provide it to us; and
- Automatically as You navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
Information You Provide to Us
The information we collect on or through the Website may include:
- Information that You provide by filling in forms on the Website, including information provided at the time of registering to use the Website. We may also ask You for information when You report a problem with the Website;
- Records and copies of Your correspondence (including email addresses), if You contact us; and
- Details of transactions You carry out through the Website. You may be required to provide financial information in order to carry out transactions through Website.
Information We Collect Through Automatic Data Collection Technologies
As You navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns, including:
- Details of Your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that You access and use on the Website; and
- Information about Your computer and internet connection, including Your IP address, operating system, and browser type.
We do not control these third parties’ tracking technologies or how they may be used.
How We Use Your Information
We use information that we collect about You or that You provide to us, including any personal information:
- To present the Website and its contents to You;
- To provide You with information and services that You request from us;
- To fulfill any other purpose for which You provide it;
- To carry out our obligations and enforce our rights under the Terms;
- In any other way we may describe when You provide the information; and
- For any other purpose with Your consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To contractors, service providers, and other third parties we use to support our business and operations;
- To fulfill the purpose for which You provide it;
- For any other purpose disclosed by us when You provide the information; or
- With Your consent.
We may also disclose Your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- To enforce or apply any applicable terms of other agreements, including for billing and collection purposes;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of LCRA, our customers, or others.
We do not control third parties’ collection or use of Your information.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect Your personal information, we cannot guarantee the security of Your personal information transmitted to the Website. Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.