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Terms and Conditions and Disclaimer for Use of DSS-WISE™, DSS-WISE™ Web, and DSS-WISE™ Lite

Terms and Conditions (“Terms”)
Last updated: November 10, 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://dsswiseweb.ncche.olemiss.edu website (the “Service”) operated by The National Center for Computational Hydroscience and Engineering (NCCHE) (“us”, “we”, or “our”).

The Service is operated by The National Center for Computational Hydroscience and Engineering (NCCHE) (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

REGISTRATION

You may access areas of the Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, information, videos, or other material (“Content”). You are responsible for the correctness of this information.

You agree that any information provided to NCCHE is public and free of classification, protection, or copyright. Any derivative thereof (including simulation results, files, and information, whether specific or in aggregate) become the sole property of NCCHE. NCCHE retains the right to aggregate, disseminate, publish, share, and otherwise make accessible the information provided by you and the derivative thereof to third parties at its sole discretion.

TERMS

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not NCCHE are entirely responsible for all Content that you post, or otherwise submit to the Site. NCCHE does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by NCCHE. By way of example, and not as a limitation, you agree not to use the Services:

  • To abuse, harass, threaten, impersonate or intimidate any person;
  • To post or transmit, or cause to be posted or transmitted, any Content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • For any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction where you use the Services;
  • To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Site user;
  • To create or transmit unwanted “spam” to any person or any URL
  • To create multiple accounts for the purpose of violating these Terms;
  • You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  • To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or:
  • To sell or otherwise transfer your user account.
  • You are solely responsible for your interactions with other users of the Site. NCCHE reserves the right, but has no obligation, to monitor disputes between you and other users.

Our Service may contain links to third party web sites or services that are not owned or controlled by NCCHE. NCCHE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NCCHE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

LIABILITY

DSS-WISE™ Lite capability automatically generates flood inundation maps due to a sudden catastrophic failure of a selected dam or levee or controlled releases from a dam. Automatic preparation of input data based on the minimal information provided by the user involves a number of simplifying assumptions. The accuracy of the simulations also depends on the 1/3 arc-second (~30 ft) USGS NED from which the computational mesh is cut out and the choice of cell size made by the user.

The results provided by this automatic dam/levee break flood analysis tool represent a rough approximation to a more detailed and accurate flood inundation mapping that can be accomplished by a careful modeling study prepared and performed by a professional engineer using the full version of DSS-WISE™ software.

The user is, therefore warned that professional engineering judgement should be exercised in the interpretation of the results generated by the DSS-WISE™ Lite automatic dam-break flood modeling and mapping capability.

IN NO EVENT SHALL THE NATIONAL CENTER FOR COMPUTATIONAL HYDROSCIENCE AND ENGINEERING, OR THE UNIVERSITY OF MISSISSIPPI, INCLUDING THE FUNDING AGENCIES BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND, BE THEY PHYSICALOR MENTAL, DIRECT AND INDIRECT, RESULTING FROM THE USE OF THE DSS-WISE™ Web OR THE AUTOMATED DAM/LEVEE BREAK FLOOD MODELING CAPABILITY DSS-WISE™ Lite.

The name “DSS-WISE” is a trademark of NCCHE. The names “DSS-WISE”, “DSS-WISE Web”, and “DSS-WISE Lite” must not be used to endorse or promote products derived from the Software or use of the Site without express written permission. Any products, publications, or derivatives of information from the Software or use of the Site must give appropriate credit to NCCHE.

WAIVER OF WARRANTY

THE NATIONAL CENTER FOR COMPUTATIONAL HYDROSCIENCE AND ENGINEERING, THE UNIVERSITY OF MISSISSIPPI, PROVIDE “DSS-WISE™ Web” and “DSS-WISE™ Lite” “AS IS,” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

INDEMNITY

As a voluntary user of DSS-WISE™ Web and DSS-WISE™ Lite, you agree to indemnify and hold NCCHE, University of Mississippi, and its officials, representatives, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of DSS-WISE™ Web or DSS-WISE™ Lite or breach of this Agreement or your violation of any law or the rights of a third party.

ASSENT

Choosing the “I agree” option and selecting the “Submit” button when signing up to request access to the Service indicates that you voluntarily accept these terms and conditions. If you do not agree to these terms and conditions, please close the web page without selecting the “Submit” button or discontinue use of the Service.

TERMINATION

NCCHE may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. NCCHE may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you received, we will endeavor to give you advance notice and opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where NCCHE may decide that we need to take immediate action without notice. NCCHE has no obligation to retain your Content upon termination of the applicable Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide notice by email or an alert on the front page of this website prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

CONTACT US

If you have any questions about these Terms, please contact us.