Terms of Use 

Arizona Department of Environmental Quality (ADEQ) websites are comprised of various web pages operated by ADEQ, as well as additional digital content, data, interactive map resources, social media accounts (including but not limited to Facebook, Instagram, LinkedIn, X (formerly Twitter), YouTube, Nextdoor etc.). ADEQ websites and social media accounts are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing or using ADEQ websites or social media accounts you agree that you have read, understand, and agree to be bound by all such terms, conditions, and notices.

Restrictions On Use – No Unlawful Or Prohibited Use

As a condition of your use of ADEQ websites and social media accounts, you may use ADEQ websites and social media accounts only for purposes expressly permitted by this site. You warrant to ADEQ that you will not use ADEQ websites and social media accounts for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use ADEQ websites and social media accounts in any manner which could damage, disable, overburden, or impair ADEQ websites and social media accounts, or interfere with any other party’s use and enjoyment of ADEQ websites and social media accounts. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through ADEQ websites and social media accounts.

Emergency Use

In an emergency, all communications, including websites’ content and social media accounts, will be used following the ADEQ Continuity of Operations Plan (COOP), ensuring that the agency's public information response to an emergency is responsive, accurate, sensitive, and responsible. ADEQ Communications will coordinate all crisis communications through ADEQ Executive Leadership and the ADEQ COOP and will work with the Governor's Office, the Arizona Department of Administration Communications, and the Arizona Department of Emergency and Military Affairs as part of response coordination (depending on the emergency).

Our social media accounts are monitored during business hours. Citizens should not utilize our social media accounts to seek emergency services. Anyone in need of emergency help should call 911. 

Collection and Use of Information

ADEQ’s Privacy Policy Statement, which is incorporated herein by reference, serves to inform you about the information that could be collected online as a result of visiting ADEQ websites.

Records Management

All content generated by ADEQ and provided to ADEQ, whether through social media interactions or otherwise, is subject to Arizona public records law and may be subject to disclosure as a public record.

Use of Communication Services

ADEQ websites and social media accounts may contain forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”). You agree to use the communication services only to post, send, and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, your posted information will not:

• Contain obscene or threatening language or discrimination (including hate speech) based on race, gender, sex, national origin, age, sexual orientation, religion, or disability;
• Contain inflammatory, extraneous, or off-topic messages designed to elicit an emotional response or that do not contribute to a productive discussion;
• Promote services or products;
• Contain sensitive or personally identifiable information (private phone numbers, email addresses, or postal addresses);
• Contain spam, malware or links to other sites;
• Promote illegal activity; or 
• Support or oppose political candidates, political parties or ballot propositions.

Social media accounts created on behalf of ADEQ are not private and may be monitored to ensure compliance with all agency policies. ADEQ respects the freedom of speech and First Amendment rights of Arizonans and welcomes comments that are on topic and an active exchange of ideas. Anyone can comment on our pages or reply. Our goal is to create a respectful space for citizens to engage with us. Comments should abide by the social media platforms’ policies and ADEQ’s Terms of Use. Comments made by individuals or entities other than ADEQ are the opinions of those individuals or entities and are not necessarily the views of or endorsed by ADEQ.

ADEQ makes every effort to moderate comments and respond to messages in a timely manner, but does not guarantee a response to all comments and messages. ADEQ assumes no obligation to monitor the communication services. Communications made through an ADEQ social media account in no way constitute a legal or official notice or comment to ADEQ or any ADEQ or Arizona government official for any purpose. 

While constructive criticism can be a healthy part of a conversation, ADEQ social media accounts will not allow use that discriminates or harasses other members of the community. ADEQ reserves the right to remove in its sole discretion any content that it considers to violate this Terms of Use or any other agency policy. 

Disclaimer

Your use of ADEQ websites and social media accounts is at your own risk. The content is provided “as is” and without warranties of any kind, either expressed or implied. ADEQ disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, or infringement. ADEQ does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that make it available are free of viruses or other harmful components. ADEQ does not warrant or make any representation regarding use, or result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and ADEQ may make changes or improvements at servicing, repairs, or correction, in the event of any loss or damage arising from the use of this site or its content. ADEQ makes no warranties that your use of the content will not infringe the rights of others and assumes no liability of responsibility for errors or omissions in such content. 

All information in ADEQ websites and social media accounts, whether historical or geographical in nature, or forward-looking, may only be relevant as of the date the information is posted on this site and ADEQ does not undertake any obligation to update such information after it is posted, or to remove such information from this site if it is not, or is no longer, accurate or complete. 

Limited Liability

ADEQ, the State of Arizona, its boards and commission, officers and employees and agents and suppliers will not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of ADEQ websites or social media accounts, with the delay or inability to use ADEQ websites and social media accounts or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through ADEQ websites or social media accounts, or otherwise arising out of the use of ADEQ websites or social media accounts, whether based on contract, tort, negligence, strict liability, or otherwise, even if ADEQ or any of its agents or suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of ADEQ websites or social media accounts, or with any of these terms of use, your sole and exclusive remedy is to discontinue using ADEQ websites or social media accounts.

Indemnity

You agree to defend, indemnify, and hold harmless ADEQ, the State of Arizona, its boards and commissions, officers and employees and agents and suppliers (the “Indemnified Parties”) from any breach of these terms of use by you, including any use of content other than as expressly authorized in these terms of use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. 

Waiver And Release

As a condition to your use of ADEQ websites or social media accounts, you hereby release ADEQ, the State of Arizona, its boards and commissions, officers and employees and agents and suppliers from any and all claims, causes of actions or other rights that you might have against us arising out of or relating to the submission and review of any materials made available through this site as well as any losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arise from any incorrect or inaccurate information you submit through ADEQ websites or social media accounts, whether caused by you or others on your behalf or by any of the equipment or programming associated with or utilized in the site, or as a result of any decisions made based upon information obtained from us or through ADEQ websites or social media accounts.

Termination/Access Restriction

ADEQ reserves the right, in its sole discretion, to terminate your access to the ADEQ website and social media accounts and the related services or any portion thereof at any time, without notice.

Governing Law

This agreement shall be governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Arizona, U.S.A. in all disputes arising out of or relating to the use of ADEQ websites and social media accounts. You hereby agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Arizona for the purpose of litigating all such claims or disputes.

Miscellaneous

If any part of these terms of use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ADEQ as a result of this agreement or use of ADEQ websites or social media accounts.

ADEQ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ADEQ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ADEQ, or information provided to or gathered by ADEQ with respect to such use.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ADEQ with respect to ADEQ websites and social media accounts and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ADEQ with respect to ADEQ websites and social media accounts.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other public records or business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.