Terms of Service

1. About the Toolkit

The Tomorrow's Water Workforce Pipeline Toolkit is a subscription-based web application designed to help water agencies and other authorized organizations develop, implement, and administer internship programs.

The Toolkit may include:

• Implementation guidance and roadmaps;
• Sample forms, policies, templates, and checklists;
• Internship planning tools;
• Customizable documents;
• Training and educational resources; and
• Other tools and resources made available from time to time.

The Agency may use designated templates to produce customized materials for its own internship program.

2. Organizational Subscription and Authorized Users

Access to the Toolkit is licensed to the subscribing Agency and is not sold to individual users.

Access may be provided to employees, officers, contractors, or other representatives whom the Agency authorizes to use the Toolkit for Agency business (“Authorized Users”).

The Agency is responsible for:

• Determining who should have access;
• Ensuring Authorized Users comply with these Terms;
• Promptly removing access when a person is no longer authorized;
• Maintaining accurate account and contact information; and
• Notifying Tomorrow's Talent promptly of suspected unauthorized access.

Access may not be transferred to or shared with another agency, company, association, consultant, or other organization unless expressly authorized in writing.

3. Account Security

Users must maintain the confidentiality and security of their login credentials.

Where supported or required, multi-factor authentication must be enabled.

The Agency and its Authorized Users must not:

• Share individual login credentials with unauthorized persons;
• Attempt to bypass security controls;
• Permit another organization to use the Agency's subscription;
• Attempt to gain unauthorized access to another Agency's information; or
• Attempt to interfere with the security or operation of the Toolkit.

If credentials or authentication devices are lost, compromised, or suspected of compromise, the Agency must notify Tomorrow's Talent promptly.

Tomorrow's Talent may require reasonable verification before resetting credentials or authentication factors.

4. License to Use Toolkit Materials

Except for Agency Data and materials expressly identified otherwise, Toolkit materials are owned by, licensed to, or provided on behalf of the ACWA Foundation and are protected by applicable intellectual-property laws.

During an active subscription, the Agency receives a limited, nonexclusive, nontransferable, revocable license to access and use Toolkit materials for the Agency's internal internship and workforce-development activities.

The Agency may customize Toolkit templates and use the resulting documents within its own operations.

Unless expressly authorized in writing, the Agency may not:

• Sell, sublicense, license, or commercially exploit Toolkit materials;
• Distribute Toolkit materials to another organization for that organization's independent use;
• Publish substantial portions of the Toolkit publicly;
• Make Toolkit materials available through another website, database, repository, or application;
• Remove proprietary notices or intellectual-property notices;
• Use Toolkit materials to develop a competing product or service; or
• Share login credentials with another organization.

The Agency may provide customized documents to students, parents, employees, applicants, schools, partners, or other persons when reasonably necessary to operate the Agency's own internship program.

5. Agency Data and Customized Documents

Information submitted by or on behalf of an Agency through the Toolkit (“Agency Data”) remains under the Agency's control.

Agency Data may include:

• Agency contact information;
• Logos or branding;
• Roadmap progress;
• Responses entered into customizable templates; and
• Other information submitted by Authorized Users.

The Agency grants Tomorrow's Talent and its technology service providers a limited right to process Agency Data only as reasonably necessary to operate, secure, maintain, and support the Toolkit, comply with law, and perform the applicable agreement.

When a customizable document is generated, the Toolkit may create that document dynamically from information previously entered by the Agency.

The Agency is responsible for reviewing generated documents before using or distributing them.

6. Information About Students, Interns, and Other Individuals

The Agency is responsible for ensuring that it has appropriate authority and a lawful basis to submit personal information to the Toolkit.

Unless a specific Toolkit function expressly requires it, users should not enter highly sensitive personal information into templates, including:

• Social Security numbers;
• Financial-account or payment-card numbers;
• Medical or health information;
• Driver's-license or state-identification numbers;
• Passwords or authentication credentials; or
• Other sensitive information unnecessary for the internship-related purpose.

The Toolkit is intended for use by authorized Agency personnel and is not intended to be used directly by children or students unless expressly stated for a particular feature.

7. Agency Responsibility for Internship Programs

The Toolkit provides educational resources, templates, examples, and operational guidance.

The Toolkit does not provide legal, employment, tax, accounting, human-resources, occupational-safety, or regulatory advice.

Laws and requirements governing internships may vary based on the Agency, student age, compensation, duties, work location, school involvement, bargaining agreements, funding source, and other circumstances.

The Agency is solely responsible for determining and complying with applicable requirements, including, as applicable:

• Wage-and-hour laws;
• Child-labor and youth-employment requirements;
• Work permits;
• Workers' compensation;
• Occupational health and safety requirements;
• Anti-discrimination and harassment laws;
• Background-check requirements;
• School or educational requirements;
• Confidentiality requirements;
• Accessibility requirements;
• Recordkeeping requirements; and
• Other applicable federal, state, and local laws.

Agencies should consult their legal counsel, human-resources professionals, risk-management personnel, or other qualified advisors when appropriate.

8. Activity Records

The Toolkit may maintain activity records concerning account administration and use of certain Toolkit functions, such as:

• Account access or administrative changes;
• Template modification dates;
• Document-generation or download events;
• File downloads;
• Access-period changes; and
• Administrative actions.

Activity records may not contain the substantive contents of a completed template unless specifically disclosed in the Privacy Policy.

Retention of activity records is described in the Privacy Policy.

9. Subscription and Access Period

The Agency's access period is established through its applicable agreement, order, subscription record, or Account page.

Access may terminate or become unavailable when:

• The subscription period expires;
• Required payment has not been received;
• Access is suspended under the applicable agreement;
• The Agency materially violates these Terms;
• Continued access creates a security or legal risk; or
• The parties' agreement otherwise permits suspension or termination.

Unless otherwise stated in the applicable agreement, expiration or suspension of access does not automatically delete Agency Data.

Data retention and deletion are governed by the Privacy Policy and any applicable written agreement.

10. Availability and Maintenance

Tomorrow's Talent will use commercially reasonable efforts to operate and maintain the Toolkit.

However, uninterrupted or error-free operation is not guaranteed.

Access may be temporarily unavailable because of maintenance, upgrades, security matters, third-party service interruptions, emergencies, circumstances outside our reasonable control, or other operational needs.

11. Updates and Changes to the Toolkit

The Toolkit may be updated periodically to improve functionality, security, content, or compliance.

Features, resources, templates, and functionality may be added, modified, replaced, or discontinued.

Tomorrow's Talent will not materially reduce contracted services during an active subscription except where reasonably necessary for security, legal compliance, third-party platform changes, or circumstances beyond its reasonable control.

12. Changes to These Terms

These Terms may be updated periodically.

If a change materially affects an Agency's rights or responsibilities, notice will be provided to the primary contact associated with the Agency or through another reasonable method.

The Effective Date at the top of these Terms identifies the most recent revision.

Material changes will not retroactively alter rights or obligations that have already accrued unless required by law.

13. Third-Party Services

The Toolkit depends on technology and infrastructure provided by third-party service providers.

Those providers may process information only as necessary to provide infrastructure, hosting, security, authentication, storage, or other services supporting the Toolkit.

Additional information is provided in the Privacy Policy.

14. Disclaimer of Warranties

Except as expressly provided in a written agreement, the Toolkit and its contents are provided on an “as available” basis.

To the fullest extent permitted by law, Tomorrow's Talent and the ACWA Foundation disclaim implied warranties, including warranties of merchantability, fitness for a particular purpose, and noninfringement.

Nothing in these Terms limits any warranty or right that cannot lawfully be excluded.

15. Limitation of Liability

To the fullest extent permitted by law, neither Tomorrow's Talent nor the ACWA Foundation will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the Toolkit.

Any additional limitations of liability contained in the Agency's written subscription or services agreement will also apply.

Nothing in these Terms excludes liability that cannot lawfully be limited or excluded.

16. Agency Responsibility and Indemnification

To the extent permitted by applicable law and the Agency's written agreement, the Agency is responsible for claims arising from:

• Its unauthorized use of Toolkit materials;
• Information the Agency submits to the Toolkit;
• The operation of its internship program; or
• Its violation of applicable law or these Terms.

Any contractual indemnification obligations are governed by the Agency's written agreement.

17. Relationship to Other Agreements

If the Agency has entered into a written agreement, order form, statement of work, data-processing agreement, or similar agreement with Tomorrow's Talent or the ACWA Foundation, that agreement remains in effect.

If these Terms conflict with an expressly negotiated provision of a signed agreement, the signed agreement controls to the extent of the conflict.

18. Governing Law

Unless the Agency's written agreement provides otherwise, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Nothing in this section waives any statutory rights, governmental immunities, venue rights, or other protections that cannot lawfully be waived by a public agency.

19. Contact

Questions about the Toolkit or these Terms may be directed to:

Questions concerning the Agency's subscription may also be directed to the contact identified in the Agency's agreement.