County Of Monterey Website Disclaimer

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The County of Monterey Website is offered to you, the user (‘User"), conditioned on acceptance of the terms, conditions, and notices contained in this Disclaimer and User Agreement without modification. User access and use of this site constitutes acceptance of all terms and conditions in this Disclaimer and User Agreement and creates a legally binding agreement between you and Monterey County.  If you do not want to be bound by this Disclaimer and User Agreement, your only option is not to visit, view, or otherwise use the County of Monterey website.

The County of Monterey Website is provided by the County of Monterey as a public service. Government personnel and the general public may use this system to review and retrieve publicly available government information. You, the User, agree and acknowledge that the County of Monterey is entitled to modify, improve or discontinue any of its services in its sole discretion and without notice to you, the User, even if it may result in your inability to access information it contains. 

CONDITIONS OF USE:

The User agrees to use this website as permitted by applicable local, state and federal laws. The User agrees, among other things, not to: 1) alter, damage, or destroy the County of Monterey’s, or another user’s, computer system, network, software, program, documentation or data; or 2) use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, the User agrees not to take action which results in blocking access to this website by other users.

The User acknowledges and agrees that the County of Monterey website may contain proprietary information, including trademarks, service marks, patents, logos, and other materials protected by intellectual property laws and international intellectual property treaties.  The User may view such materials for personal, non-commercial use only.  The User may not sell, reproduce, or distribute such content, or other content of the County of Monterey website, without the written permission of the County of Monterey or the third-party owners of trademarks, service marks, patents, logos, and other legally protected intellectual property.

The User of this website expressly consents to the County monitoring of website usage at all times. Users are advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you, as a User, do not wish to consent to monitoring, exit this system now.

IN ADDITION TO THE ABOVE, YOU, THE USER, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR OR CORRECTION TO THE COUNTY OF MONTEREY WEBSITE RESULTING FROM MISUSE, in violation of this Disclaimer and User Agreement or any applicable laws.

 

LINKS TO THIRD-PARTY WEBSITES

The County of Monterey website contains links and pointers to third-party Internet websites. These third-party sites are not under the County’s control. The County of Monterey does not assume any responsibility or liability for any information, communications or materials available at linked, third-party sites, or at any link contained within in a third-party site. The County of Monterey does not intend these third-party links to operate as referrals or endorsements of the linked entities by the County;rather, they are provided for User convenience only. Each individual third-party site has its own set of policies about what information is appropriate for public access. Users assume sole responsibility for use of third-party links and pointers. The search function of the County of Monterey website may not operate on linked, third-party websites or on Monterey County Department websites hosted by independent vendors.

DISCLAIMER OF WARRANTIES AND DAMAGES

You, the User, understand and agree that your use of the County of Monterey website is entirely at your own risk and that County of Monterey website services are provided “AS IS” and “AS AVAILABLE.”  The County of Monterey does not make any express or implied warranties, endorsements, or representations as to the operation of the County of Monterey website, information, content, materials, or products.  This disclaimer of warranties includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose, warranties of non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

The County of Monterey will not be liable for any damages or injury that accompany or result from your use of the County of Monterey website.

These include (but not limited to) damages or injury caused by any

  • Use of (or inability to use) the websites;
  • Use of (or inability to use) any site which you hyperlink from our sites;
  • Failure of performance;
  • Errors:
  • Omissions;
  • Interruptions;
  • Defects;
  • Delays in operation or transmission;
  • Computer viruses; or
  • Line failures
  • Cessations in service or access to information, whether permanent or temporary;
  • Deletions or corruptions of content or information;
  • Failures to store any content or information.

The County of Monterey is not liable for any damages, including

  • Damages for loss of profits, business interruption, injury to business reputation or good will
  • Damages intended to compensate someone directly for a loss or injury;
  • Damages reasonably expected to result from a loss or injury (legally, “consequential damages”);
  • Other miscellaneous damages and expenses resulting from loss or injury (legally, “incidental damages”);
  • Furthermore, the County is not liable even if the County has been negligent or if an authorized representative has been advised of the possibility of such damages or both.

DISCLAIMER OF ASSOCIATION WITH USER

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and County of Monterey as a result of this Disclaimer and User Agreement or use of the County of Monterey website. User agrees not to hold the User out as a representative, agent, or employee of the County of Monterey, and the County of Monterey shall not be liable for any representation, act or omission of the User.

USE OF BULLETIN BOARD, OR ANY OTHER COMMUNICATION OR INTERACTIVEFORUMS

To the extent that this website contains, or may in the future contain, bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving the County of Monterey and other users ("Forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. In using such forums, Users simultaneously grant the County of Monterey an irrevocable, worldwide, royalty-free license to publish, display, and modify User content worldwide.  You, the User, confirm and warrant that you have the required authority to grant this license to the County of Monterey.

By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:

  • Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as privacy and publicity) of others.
  • Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights to the material or has received all necessary consents.
  • Deleting any author attributions, legal notices, proprietary designations, or labels in any uploaded file.
  • Falsifying the origin or source of any material contained in an uploaded file.
  • Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this website or the operation of another’s computer system, network, software, program documentation or data.
  • Knowingly accessing or attempting to access or use the County of Monterey computer system, computer network, or any part including this website, for the purpose of devising or executing any scheme or artifice to defraud; to obtain money, property or services by means of false or fraudulent pretenses, representations or promises; or to commit theft, including, but not limited to, theft of proprietary information.

User agrees to send and receive electronic mail, to engage in conferences and chats, to download and upload files, and to otherwise use this website only as permitted by these terms and conditions, by any additional policies or procedures published on this website from time to time by the County of Monterey, and by applicable law.

The County of Monterey reserves the right to remove any contents of this website received from users for violations of County of Monterey forum use policies and other applicable regulations and law, including violations of others’ constitutional rights. The County of Monterey reserves the right to edit any notices or postings for length in its sole discretion if,for example but not limited to, length interferes with other users’ access to and use of this forum.

The User acknowledges that chats, conferences, bulletin boards, discussion webs, and any other such interactive or communication forums hosted by the County of Monterey website are public and not private communications. Further, the User acknowledges that chats, postings, conferences, discussion websites, and communications of other Users are not endorsed by the County of Monterey, and such communications on the County of Monterey website shall not be considered reviewed, screened, or approved by the County of Monterey.

INDEMNITY

User, by accessing and using the County of Monterey website, agrees to indemnify, defend and hold harmless Monterey County, its officers, agents, and employees, from and against any and all claims, liabilities, expenses, and losses whatsoever (including attorneys’ fees at trial and appellate levels) occurring to and resulting to any and all persons, firms, corporations, or entities that arise from or are connected with User’s use of the County of Monterey website.

JURISDICTION

This Disclaimer and User Agreement is governed by the laws of the State of California, United States of America, without application of conflict of law principles.  User consents to the exclusive jurisdiction and venue of courts in Monterey County, California, United States of America.

This Disclaimer and User Agreement is subject to existing laws and legal process.  Nothing contained in this Disclaimer and User Agreement is in derogation of the County of Monterey’s right and/or obligation to comply with law enforcement requests or other legal requirements governing information provided to or gathered by, the County of Monterey about User’s use of the County of Monterey website.

The County in no way implies that the materials on the sites are appropriate or available for use outside of the United States. If you, the User, use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.

Some software from our sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported:

(a) into (or to a national or resident of) any country to which the United States has placed an embargo (as of today, these include Cuba, Iran, Iraq, Libya, North Korea, Syria and Yugoslavia);

or

(b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List of the U.S. Commerce Department’s Table of Deny Orders.

If you download or use the software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list.

CHANGES TO TERMS

The County of Monterey reserves the right to modify the terms of this Disclaimer and User Agreement from time to time, at its sole discretion, and without notice.  Changes to this Disclaimer and User Agreement become effective on the date they are posted.  Users’ continued use of the County of Monterey website after any changes to the terms of this Disclaimer and User Agreement constitute agreement to be bound by such changes.

SEVERABILITY

If any part of this Disclaimer and User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Disclaimer and User Agreement shall continue in effect.

CLOSING OF AGREEMENT

This Disclaimer and User Agreement constitutes the entire agreement between the User and County of Monterey with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the County of Monterey with respect to this website. This Disclaimer and User Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Disclaimer and User Agreement, the terms of this Disclaimer and User Agreement shall control. A printed version of this Disclaimer and User Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Disclaimer and User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The terms of this Disclaimer and User Agreement continue to apply in perpetuity, subject, however, to the County of Monterey’s sole right to amend, modify and/or delete website content and the content of this Disclaimer and User Agreement, in its sole discretion.

Any rights not expressly granted in this Disclaimer and User Agreement are reserved.