Conditions for Access and Use
All access to, and any use of, this Home Page and any Web page or Internet site established by any of the City of Santa Monica's Departments, programs or divisions, is
governed by the following disclaimers and limits on use.
Disclaimer of Liability
Neither the City of Santa Monica ("City") nor its contributors shall be liable for any improper or incorrect use
of the information contained herein and they assume no
responsibility for any person's use of the information. In no event shall the City, its Home Page or its contributors be liable for any direct, indirect, incidental, special,
exemplary, or consequential damages (including, but not limited to: procurement of substitute goods or services; loss of use, data, or profits; or business interruption)
however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising out of the use of this
system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract,
tortious behavior, negligence or any other cause of action, including but not limited to damages or injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, and/or theft, destruction or unauthorized access to,
alteration of, or use of any record.
Indemnification
User agrees to defend, indemnify, and hold harmless, the City, its contributors, any entity jointly created by them, their respective affiliates and their respective directors,
officers, employees, and agents against all claims and expenses, including attorneys' fees, arising out of the use of the on-line service by user or user's account.
Disclaimer of Warranties/Accuracy and Use of Data/Computer Viruses
Although the data on the Home Page have been produced and processed from sources believed to be reliable, no warranty expressed or implied is made regarding
accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information.
The City provides this information on an "AS IS" basis. All warranties of any kind, express or implied, including but not limited to the IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, freedom from contamination by computer viruses and non-infringement of proprietary rights ARE
DISCLAIMED. Changes may be periodically added to the information herein; these changes may or may not be incorporated in any new version of the publication. If
the user has obtained information from the City's Home Page from a source other than the City's Home Page, the user must be aware that electronic data can be altered
subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that the user pay careful attention to the contents of any metadata
associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If the user finds any errors or
omissions, we encourage the user to report them to the City.
Disclaimer of Endorsement
The City and its Home Page are distributors of content sometimes supplied by third parties and users. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or
distributor(s) and do not necessarily state or reflect those of the City. Reference to any specific commercial products, process, or service by trade name, trademark, manufacturer, or
otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the City or its Home Page, and such reference shall not be used for advertising
or product endorsement purposes.
Disclaimer for Hypertext Links
Neither the City, its Home Page nor its contributors is responsible for the contents of any off-site pages that reference, or that are referenced by, the City's Home Page.
The user specifically acknowledges that neither the City, its Home Page nor its contributors is liable for any defamatory, offensive, misleading or illegal conduct of other
users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from the City's Home Page on the World Wide Web to other
sites, or from other sites to the City's Home Page, do not constitute an endorsement by the City or its Home
Page. These links are for convenience only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites.
Disclaimer of Duty to Continue Provision of the Data
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restrict access the next, and the location of items
may change as menus, homepages, and files are reorganized. User expressly agrees that use of the City's Home Page is at the user's sole risk. Neither the City, its Home
Page, any entity jointly created by them, any of their affiliates, or any of their respective directors, officers, employees, agents, third party content providers or licensers
warrants that the service will be uninterrupted or error free.
Choice of Law
Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of California.
Copying of Documents
The City authorizes the user to copy, for non-commercial use only, documents published by the City on the World Wide Web. In consideration of this authorization, the
user agrees that any copy of these documents which the user makes shall retain all copyright and other proprietary notices that may be contained therein. Each
individual document published by the City on the World Wide Web may contain other proprietary notices and copyright information relating to that individual
document. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent or trademark of the City or any
third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any City copyright. Although the
City strives for accuracy in its publications, any publication may contain inaccuracies or typographical errors. Changes, corrections and improvements may be made
periodically to these publications, and will be incorporated in new versions of these publications. The City may make changes, corrections or improvements in its
publications, or the products, programs or services described in those publications, at any time without notice. |
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