City of La Palma Terms and Conditions

PLEASE READ THESE CITY OF LA PALMA GENERAL TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEBSITE www.cityoflapalma.org OR ANY SERVICES OFFERED BY THE CITY OF LA PALMA.

By using the website, interactive modules, and other services offered by the City of La Palma,you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.

The website www.cityoflapalma.org is an online information service provided by the City of La Palma, which may revise and update these Terms and Conditions at any time by posting such revised Terms and Conditions on this website. Your continued usage of this site or any of its services will mean you accept those changes.

No Legal Advice
The materials available on this site (the "Materials") have been prepared by the City of La Palma, its Staff and other contributors for informational purposes only, are not legal advice and should not be relied on as such. The City of La Palma does not guarantee or warrant that the Materials are accurate, complete or up-to-date. The Materials are general in nature and may not apply to particular factual or legal circumstances. Laws and procedures change frequently and are subject to differing interpretations. The Materials are not intended to substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction. If you want legal advice, please consult a lawyer. This site is not intended to create, and your use of the Materials does not constitute, a lawyer-client relationship. You should not act upon any of the Materials without seeking professional counsel. Any opinions, whether legal or otherwise, expressed on this site are solely those of the respective author(s).

Copyright
The Materials are protected by United States and other copyright laws, except for works of the United States Government pursuant to 17 U.S.C. Section 105. The selection, arrangement, and presentation of all Materials (including information in the public domain), and the overall design of this site are copyright © 2008-2012 City of La Palma, CA and its representatives. All rights reserved. The CivicPlus Content Management System is copyrighted © 1997-2012, by CivicPlus. All rights reserved. Permission is granted to view and print materials from this site for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or Materials on this site, whether in electronic or hard copy form, without the express prior written permission of the City of La Palma, is strictly prohibited.

Trademarks
The City’s various seals, logos, or other identifying marks are trademarks or service marks of the City of La Palma.

Interactive Modules (Community Voice)
The purpose of our interactive modules is to obtain suggestions, ideas, and feedback to benefit our community. In consideration of your use of the City of La Palma’s interactive modules, you agree not to: (1) upload or transmit any communications or content of any type that infringe or violate any rights of any party; (2) post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law; (3) impersonate another person or allow any other person or entity to use your identification for posting materials to the list; (4) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (5) engage in any other conduct that restricts or inhibits any other person from using or enjoying the list.

The City of La Palma has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the interactive modules (or any portion thereof) at any time.

By submitting communications or content to any part of the interactive module, you agree that such submission is non-confidential for all purposes. If you make any submission, you automatically grant -- or warrant that the owner of such content has expressly granted -- to the City of La Palma a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.

User Authentication
Because user authentication on the Internet is difficult, this site cannot and does not confirm that each User is who they claim to be. Because this site does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release this site from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

External Links
The City of La Palma provides links to external or third party web sites, solely as a visitor convenience and does not imply that we endorse or accept any responsibility for its use. Following links to other sites is done so at your own risk and the City of La Palma accepts no liability for any linked sites or their content. When you choose to visit those websites, we are not responsible for their privacy policies or how they treat user information. We are not responsible for the actions and policies of these third parties, and you should review the privacy policies of these parties when supplying personally identifiable information to them.

Privacy
The City of La Palma’s Privacy Policy is also available for viewing.

No Warranties
THE CITY OF LA PALMA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, OR ANY THIRD PARTY SITES LISTED ON THIS SITE, AND THE CITY OF LA PALMA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE CITY OF LA PALMA DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED. THE CITY OF LA PALMA IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

IN NO EVENT WILL THE CITY OF LA PALMA OR ITS OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THIS SITE OR DOWNLOADED FROM THIS SITE, EVEN IF THE CITY OF LA PALMA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THIS SITE . BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE CITY OF LA PALMA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend and hold harmless the City of La Palma and its officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of this site and any violation of these Terms and Conditions by you.

Governing Law and Jurisdiction
These Terms and Conditions constitute a contract made under and shall be governed by and construed in accordance with the laws of the State of California. You agree that the Orange County Superior Court – North Justice Center, if it has subject matter jurisdiction, shall have exclusive jurisdiction to hear and determine any claims or disputes between you and the City of La Palma (and/or its officers, employees, agents and the assigns of same), pertaining directly or indirectly to these Terms and Conditions, or to any matter arising there from, or any other document executed and delivered in connection herewith or therewith.

Miscellaneous
Except as expressly provided in a particular legal notice posted by the City of La Palma on this site, these Terms and Conditions constitute the entire agreement between you and the City of La Palma with respect to the use of this site and the Materials. The City of La Palma’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. The City of La Palma may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

Last Updated
These Terms and Conditions were last updated on February 6, 2012.

Contact Information
Questions or comments regarding this site should be sent by e-mail to administration@cityoflapalma.org or by U.S. mail to: City of La Palma, 7822 Walker Street, La Palma, California 90623.