AGREEMENT BETWEEN USER AND City of Monterey

The City of Monterey website is comprised of various Web pages operated by the City of Monterey.

The City of Monterey website is offered to you conditioned on your acceptance, without modification of the terms, conditions, and notices contained herein. Your use of the City of Monterey website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The City of Monterey reserves the right to change the terms, conditions, and notices under which the City of Monterey website is offered, including but not limited to the charges associated with the use of the City of Monterey website.

The City of Monterey website and the content of its servers and databases are continuously updated. While the goal is to keep information accurate and timely, the City of Monterey neither warrants nor makes any representations or endorsements as to content, accuracy or completeness of the information, text, graphics, links, and other items contained on our servers. Information has been compiled from a variety of sources and is subject to change without notice from the City as a result of updates, additions and corrections.

LINKS TO THIRD PARTY SITES

The City of Monterey website may contain links to other websites ("Linked Sites"). The City is not responsible for, and accepts no liability for, the availability of these outside resources. The Linked Sites are not under the control of, nor maintained by the City of Monterey and the City of Monterey is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The City of Monterey is not responsible for webcasting or any other form of transmission received from any Linked Site. The City of Monterey website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or promotion by the City of Monterey of the site, its content, or any association with its operators. These external links may have privacy policies that differ from the City of Monterey's privacy statement.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the City of Monterey website, you warrant to the City of Monterey that you will not use the City of Monterey website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the City of Monterey website in any manner which could damage, disable, overburden, or impair the City of Monterey website or interfere with any other party's use and enjoyment of the City of Monterey website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the City of Monterey websites.

USE OF COMMUNICATION SERVICES

The City of Monterey website may contain bulletin board services, chat areas, blogs, news groups, forums, social media, 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. You agree to abide by all appropriate laws, including the Brown Act, and policies, such as the City's web links and Facebook policy. You also agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy, trademark, and publicity) of others.
  • Publish, post, upload, distribute or disseminate any pornographic, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the City's or another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

The City of Monterey has no obligation to monitor the Communication Services. However, the City of Monterey reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The City of Monterey reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The City of Monterey reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the City of Monterey's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The City of Monterey does not control or endorse the content, messages or information found in any Communication Service and, therefore, the City of Monterey specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized City of Monterey spokespersons, and their views do not necessarily reflect those of the City of Monterey.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO City of Monterey OR POSTED AT ANY City of Monterey WEBSITE

The City of Monterey does not claim ownership of the materials you provide to the City of Monterey website (including feedback and suggestions) or post, upload, input or submit to any City of Monterey website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting @Work - City of Monterey Intraweb the City, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. By posting, uploading, inputting, providing or submitting your Submission, it may be subject to the Public Records Act. No compensation will be paid with respect to the use of your Submission, as provided herein. The City of Monterey website is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the City of Monterey's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SECURITY

The City of Monterey uses industry standard methods to monitor network traffic and maintain network security. However, the City of Monterey neither warrants nor makes any representations regarding the security of its website, network, or systems.

ACCESSIBILITY

The City of Monterey is committed to meeting the goals of the Americans with Disabilities Act and its website is being updated for W3C compliance.

LIABILITY DISCLAIMER

DISCLAIMER OF LIABILITY the City of Monterey shall not be held liable for any improper or incorrect use of the materials or information contained on the city website and assumes no responsibility for any user's use of them. In no event shall the City of Monterey be liable for any damages, whether direct, indirect, incidental, special, exemplary or consequential (including, but not limited to, business interruption or loss of use, data, or profits) regardless of cause, and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the website or the materials and information contained on the website, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, or destruction of data, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

DISCLAIMER OF WARRANTIES / ACCURACY AND USE OF INFORMATION

The materials in this site are provided "as is" and without warranties of any kind express or implied. To the fullest extent permissible to applicable law, the City of Monterey disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and title to any of the materials provided on this site. City of Monterey does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it free of viruses or other harmful components. The City of Monterey does not warrant or make any representations regarding the use or the results of the use of the materials on the city website, or through links to other sites, in terms of their correctness, accuracy, reliability or otherwise. User (and not the City of Monterey) assumes the entire cost of all necessary servicing, repair, or correction. Changes are made periodically to many city documents, including municipal codes, charter sections, regulations, guidelines, and schedules, and these changes may or may not be reflected in the materials or information present on the City of Monterey's website. Additionally, because the website is frequently under development, materials and information may be deleted, modified or moved to a different part of the website without advance notice.

INDEMNIFICATION To the extent permitted by applicable law, by using the City of Monterey's website, the user agrees to indemnify, and hold harmless, the City of Monterey, its agencies, officers, employees, representatives, and agents from and against all claims and expenses, including attorneys' fees, arising out of the user's use of this site or materials and information contained on this site.

IF YOU DO NOT AGREE TO OR UNDERSTAND ANY OR ALL OF THESE TERMS, PLEASE DO NOT USE THE City of Monterey'S WEBSITE. TERMINATION/ACCESS RESTRICTION

The City of Monterey reserves the right to terminate access to its website for violations of these Terms and Conditions.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the City of Monterey website are: Copyright 2016 by City of Monterey, California USA. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

SERVICE CONTACT: montereywebmaster@monterey.org