Terms of Service
Last Updated: May 18, 2026
Acceptance of Terms
By accessing and using Lake Powell Water Level – Software Secrets LLC (the "Service"), you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions contained herein, you may not use the Service.
You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and that you have the legal authority to enter into this agreement. If you are accessing the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Service.
Description of Service
Lake Powell Water Level – Software Secrets LLC provides a content platform that delivers information and data related to water levels at Lake Powell. The Service is provided on an "as is" and "as available" basis.
We reserve the right to modify, suspend, or discontinue the Service or any portion thereof at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service. We will make reasonable efforts to notify users of material changes to the Service, but are not obligated to do so.
Intellectual Property
Ownership. All content, data, information, software, text, graphics, logos, images, audio, video, and other materials available through the Service (collectively, "Content") are owned by Software Secrets LLC, its licensors, or content providers and are protected by copyright, patent, trademark, trade secret, and other intellectual property laws.
Limited License. Subject to your compliance with these Terms of Service, Software Secrets LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial purposes only. This license does not include the right to:
- Reproduce, modify, or create derivative works based on the Content
- Distribute, sell, rent, lease, transfer, or sublicense the Content or the Service
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying architecture of the Service
- Use the Service or Content for any commercial purpose
- Access or use the Service via automated means (including robots, spiders, scripts, or data mining tools) unless expressly authorized in writing by Software Secrets LLC
- Remove, alter, or obscure any copyright, trademark, patent, or other proprietary notices from the Service or Content
Trademarks. "Lake Powell Water Level," "Software Secrets LLC," and all related logos, product and service names, designs, and slogans are trademarks or registered trademarks of Software Secrets LLC. You may not use these trademarks without the prior written consent of Software Secrets LLC.
Feedback. Any feedback, suggestions, comments, or ideas you provide regarding the Service or Content (collectively, "Feedback") may be used by Software Secrets LLC for any purpose, including commercial purposes, without obligation to you or attribution.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violate any applicable local, state, national, or international law or regulation
- Harass, threaten, defame, or abuse any individual or entity
- Send unsolicited advertisements, promotions, or spam through the Service
- Scrape, crawl, or otherwise systematically collect data or Content from the Service without authorization
- Introduce viruses, malware, worms, or other malicious code into the Service
- Impersonate or misrepresent your identity or affiliation with any person or entity
- Infringe upon or violate the intellectual property rights of Software Secrets LLC or any third party
- Use the Service to develop, market, or support any product that competes with the Service
- Resell, distribute, or commercially exploit access to or use of the Service
- Attempt to gain unauthorized access to the Service, including hacking, password guessing, or exploiting security vulnerabilities
- Post, transmit, or share false, misleading, or fraudulent information
- Post, transmit, or share adult content, obscene material, or sexually explicit content
Software Secrets LLC reserves the right to investigate and take appropriate legal action against users who violate these prohibitions, including removal of offending Content, suspension or termination of accounts, and civil or criminal prosecution where warranted.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE SECRETS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SOFTWARE SECRETS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE SECRETS LLC'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO SOFTWARE SECRETS LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so some of the above limitations may not apply to you.
Disclaimer of Warranties
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOFTWARE SECRETS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED. SOFTWARE SECRETS LLC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE SERVICE.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICES, OR DATA RESULTING FROM YOUR USE OF THE SERVICE.
Indemnification
You agree to indemnify, defend, and hold harmless Software Secrets LLC, its officers, directors, employees, agents, and licensors from and against all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service or Content
- Your violation of these Terms of Service
- Your violation of any applicable law or the rights of any third party
- Any Content you provide or any activity you undertake through the Service
- Any claim that your use of the Service infringes upon or violates the intellectual property rights or privacy rights of any third party
This indemnification obligation applies regardless of whether the claim is based in contract, tort, strict liability, or any other legal theory.
Termination
Software Secrets LLC may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including:
- Violation of these Terms of Service
- Violation of applicable law
- Conduct that Software Secrets LLC believes, in its sole discretion, is inappropriate, offensive, or harmful
- Prolonged inactivity
Upon termination, your right to use the Service ceases immediately. The following provisions survive any termination: Intellectual Property, Prohibited Activities, Limitation of Liability, Disclaimer of Warranties, Indemnification, Dispute Resolution, Governing Law, and Severability.
Dispute Resolution
Informal Resolution. Before initiating any formal dispute resolution process, you agree to contact Software Secrets LLC at support@lakepowellnavigator.com and make a good faith effort to resolve any dispute informally. The parties shall engage in negotiation for a period of thirty (30) days from the date one party notifies the other of a dispute.
Mediation. If the dispute is not resolved through informal negotiation, either party may submit the dispute to non-binding mediation. The parties shall mutually select a mediator, or if they cannot agree, a mediator shall be appointed. The parties shall share equally in the cost of mediation. Mediation shall take place in Salt Lake City, Utah, unless the parties agree otherwise.
Binding Arbitration. If the dispute is not resolved through mediation within sixty (60) days of the mediation demand, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules. The arbitration shall take place in Salt Lake City, Utah. The arbitrator shall issue a written decision and may award any relief that a court of competent jurisdiction could award under applicable law. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Small Claims Exception. Notwithstanding the above, either party may pursue claims in small claims court in lieu of arbitration if the claim is within the jurisdiction of small claims court.
Class Action Waiver. YOU AND SOFTWARE SECRETS LLC AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. NEITHER YOU NOR SOFTWARE SECRETS LLC SHALL PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST THE OTHER. IF THE PROHIBITION ON CLASS ACTION RELIEF IS FOUND TO BE UNENFORCEABLE, THIS ENTIRE ARBITRATION PROVISION SHALL BE VOID, AND THE DISPUTE SHALL BE RESOLVED IN COURT.
Opt-Out. You have the right to opt out of binding arbitration within thirty (30) days of your first acceptance of these Terms of Service. To opt out, you must send written notice to Software Secrets LLC at the address provided in the Contact Information section below, with the subject line "Arbitration Opt-Out," stating your name, email address, and the date of your first acceptance of these Terms of Service. If you opt out, all other terms of the Dispute Resolution section will continue to apply.
Governing Law
These Terms of Service and all disputes arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah, for the resolution of any disputes not subject to arbitration.
Severability
If any provision of these Terms of Service is found to be invalid, unenforceable, or in violation of applicable law by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed. The remainder of the Terms of Service shall continue in full force and effect.
Changes to Terms
Software Secrets LLC may update or modify these Terms of Service at any time. When we make material changes to these Terms of Service, we will notify you by updating the "Last Updated" date at the top of this document and, where practicable, by sending you an email notification or displaying a notice through the Service.
Your continued use of the Service following the posting of updated Terms of Service constitutes your acceptance of the changes. If you do not agree to the updated Terms of Service, you must discontinue your use of the Service.
Contact Information
Contact Email: support@lakepowellnavigator.com
Company / Legal Entity: Software Secrets LLC
Service / Product Name: Lake Powell Water Level – Software Secrets LLC
Website: https://www.lakepowellwaterlevel.com/
Mailing Address:
155 31st Street
Ogden, UT 84401
Response Time: Inquiries are answered within a reasonable timeframe.
Supervisory Authority Links:
- California Privacy Protection Agency: https://cppa.ca.gov/
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