Ownership; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the QPE Assistant application provided by Digame Systems (“Digame Systems”). By using the QPE Assistant application, you agree to these Terms of Use. If you do not agree, do not use the QPE Assistant application.

Changes to Terms

Digame Systems reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the QPE Assistant application following the posting of changes will mean that you accept and agree to the changes.

Description of the QPE Assistant Application

The QPE Assistant application, owned by Digame Systems, provides tools to help stormwater management professionals comply with California state regulations for inspections on or around “Qualified Precipitation Events” (QPEs). Users can use the QPE Assistant application as a tool to help predict when QPEs will occur using data provided by the National Weather Service.

License and Restrictions

Subject to your compliance with the Terms of Use, Digame Systems grants you a non-exclusive, non-transferable, limited license to use the QPE Assistant application for estimating when QPEs will occur. You agree not to alter the application, provide access to unregistered users, or alter program output when sharing information provided by the application.

User Accounts

To access the QPE Assistant application, you must create a user account. When creating a user account, you must provide accurate and complete information. Digame Systems may disable accounts with inaccurate information.

You are responsible for your use of the QPE Assistant application and any content you create or manage using it. Digame Systems may disable accounts for improper use or violations of these Terms of Use.

Data Ownership

Digame Systems respects your right to ownership of content created or stored with the QPE Assistant application. Digame Systems will not access, copy, distribute, or transmit your content without your permission, except as necessary to provide the QPE Assistant services or as required by law.

Disclaimer of Warranties

The QPE Assistant application is provided on an "as-is" and "as-available" basis. Digame Systems disclaims all warranties, including but not limited to compliance, accuracy, non-infringement, merchantability, and fitness for a particular purpose. Digame Systems makes no warranty that the QPE Assistant application will be uninterrupted, secure, or error-free.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT DIGAME SYSTEMS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE QPE ASSISTANT APPLICATION.
IN NO EVENT SHALL DIGAME SYSTEMS' ENTIRE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IN ANY RESPECT, EXCEED THE FEES PAID BY YOU TO OBTAIN ACCESS TO THE QPE ASSISTANT APPLICATION.
YOU EXPLICITLY AND SPECIFICALLY AGREE THAT DIGAME SYSTEMS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR HARM THAT YOU OR YOUR ORGANIZATION MAY EXPERIENCE DUE TO A FAILURE TO COMPLY WITH ANY REGULATION, RULE, LAW, OR GOAL, INCLUDING BUT NOT LIMITED TO, ANY REGULATION GOVERNING ENVIRONMENTAL MANAGEMENT.
YOU ALSO EXPLICITLY AND SPECIFICALLY ACKNOWLEDGE THAT THE QPE ASSISTANT APPLICATION PROVIDES [SPECIFY FUNCTIONALITY, e.g., REMINDERS TO PERFORM CERTAIN TASKS] AND THAT THESE FEATURES ARE ASSUMPTIONS AND GENERAL RECOMMENDATIONS. DIGAME SYSTEMS SHALL HAVE NO LIABILITY TO YOU IF YOU CHOOSE TO RELY ON THE QPE ASSISTANT APPLICATION FEATURES RATHER THAN INDEPENDENTLY VERIFYING AND ENSURING COMPLIANCE WITH APPLICABLE REQUIREMENTS.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT, INFORMATION, OR ADVICE PROVIDED THROUGH THE QPE ASSISTANT APPLICATION, INCLUDING BUT NOT LIMITED TO FORMS, DOCUMENTS, AND WORKFLOWS ("QPE CONTENT"), IS FOR INFORMATIONAL PURPOSES ONLY. DIGAME SYSTEMS MAKES NO CLAIM, REPRESENTATION, OR WARRANTY THAT QPE CONTENT COMPLIES WITH ANY STATE’S OR OTHER GOVERNING ENTITY’S CURRENT REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY FOR VERIFYING THE ACCURACY AND APPLICABILITY OF QPE CONTENT TO ENSURE COMPLIANCE WITH ANY REGULATION, RULE, LAW, OR GOAL.
IN NO EVENT SHALL DIGAME SYSTEMS HAVE ANY LIABILITY TO YOU AS A RESULT OF YOUR FAILURE TO CREATE COMPLIANT DOCUMENTATION OR YOUR RELIANCE ON QPE CONTENT.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration. The arbitration shall be conducted in California and governed by the laws of Santa Clara County.

Marketing Communications

By using the QPE Assistant application, you agree that Digame Systems may contact you for marketing purposes. This may include, but is not limited to, sending promotional materials, newsletters, or information about new features and services. Digame Systems may use the contact information provided by you during the registration process.

If you wish to opt out of receiving marketing communications, you can do so by following the instructions provided in the communication or by contacting our support team.

Please note that even if you opt out of marketing communications, you may still receive important transactional or administrative communications related to your use of the QPE Assistant application.

Support Provided by Digame Systems

Support Assistance:
Digame Systems is committed to providing technical assistance and support to users of the QPE Assistant application. Our support team is available to help you navigate and address technical issues, inquiries, and challenges related to the usage of the QPE Assistant services.

Technical Assistance:
The support team aims to assist you in utilizing the features of the QPE Assistant application effectively. If you encounter technical difficulties or have questions about the application's functionality, you can reach out to our support team through the designated channels provided on our website or email info@digamesystems.com.

Reliance on Support:
While our support team is dedicated to providing guidance, it is important to note that the assistance offered is not a substitute for your independent verification and responsibility. Digame Systems shall not be held liable for any decisions or actions taken based solely on the information or support provided by the support team.

Compliance and Documentation:
The support team is not authorized to provide legal advice or ensure compliance with specific regulations, rules, laws, or goals. Users are responsible for verifying the compliance of their environmental management program and documentation, even when seeking assistance from our support team.

Updates and Notifications:
Digame Systems may update the QPE Assistant application and its features. Users are responsible for staying informed about updates and changes. The support team may provide information on updates, but it is the user's responsibility to ensure they are using the latest version of the application.

Contacting Support:
For support inquiries, please visit our support page on the Digame Systems website or send inquiries to info@digamesystems.com. We encourage users to provide detailed information about their inquiries to facilitate a more effective and timely resolution.

Other Terms
Digame Systems may transfer its rights under these Terms of Use at any time. If you use the QPE Assistant application on behalf of a company, you represent that you are authorized to bind the company to these Terms of Use.

No agency, partnership, joint venture, or employment relationship is created. If any provision of these Terms of Use is void or unenforceable, it shall be limited or eliminated to the minimum extent necessary.

These Terms of Use constitute the entire agreement between the parties regarding the QPE Assistant application.