1. We may from time to time change the Terms and Conditions that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. The Site may terminate your right to and deny you access to this Site, or remove any material you may have posted at the Site, if, in the Site's sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever, in the Site's sole discretion. Except as otherwise provided herein, however, the Site undertakes no obligation to police, supervise, or monitor materials posted to this Site by you or other third parties.
2. This Web site is not directed to children under 16 years old. The policy of the Site is NOT to collect any personal information from children under 16, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 16, you should not fill out any forms provided on the Site or otherwise provide any information about yourself.
B. Prohibited Uses - The Site imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Site in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots”, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Site and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. You may not data mine the Site or in any way cause harm to the Site.
C. Trademarks and Copyright - The trademarks, service marks, trade names, logos, and commercial symbols of the Site, and other persons, used at this Site are protected by the trademark laws of the United States, applicable trademark laws of the several states and foreign countries, and international treaty. Such marks and commercial symbols may be used only as permitted by applicable law.
This Site and its contents are protected by the copyright laws of the United States and, as applicable, the laws of other countries or international treaty. Except as specifically permitted herein, and except for solely internal use for the evaluation of the Site and its products and services, and provided that, in those limited exceptions, you retain all copyright and other proprietary notices on any copies of the materials and such copies are maintained for your own internal use and are not further disseminated by you, copying any portion of the Site or its content (including electronic copying or downloading) is expressly prohibited without the prior written permission of the Site. No right, title or interest in any of the information, material, or other content of this Site are granted to you under any circumstances, and the Site reserves and retains all intellectual property rights in and to the Site and its content. Linking or framing to this Site or any of its content is also prohibited without the prior written permission of the Site.
D. Disclaimer of Warranties and Limitation of Liabilities - ALL USE OF THIS SITE, ANY INFORMATION, CONTENT, GOODS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS SITE, IS PROVIDED WITHOUT GUARANTY OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE SITE BE LIABLE TO YOU FOR LOST PROFITS OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THIS SITE OR ANY OF THE FUNCTIONALITY, SOFTWARE, PROGRAMMING, INFORMATION, CONTENT, GOODS, OR SERVICES CONTAINED OR PROVIDED AT THIS SITE. WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF THE SITE FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS SITE, ANY INFORMATION, CONTENT, GOODS, OR SERVICES CONTAINED AT OR PROVIDED OR PURCHASED FROM THIS SITE, OR OTHERWISE RELATING TO YOUR USE OF THIS SITE, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU TO THE SITE FOR INFORMATION OR CONTENT PURCHASED BY YOU FROM THIS SITE WHICH IS DIRECTLY RELATED TO ANY DAMAGE OR INJURY SUFFERED BY YOU.
FURTHER WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED AT THIS SITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, OR ACCURACY. You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at this Site. The Site will warrant the truth, accuracy, or completeness of any such information, if at all, only by separate mutual, bilateral written contract executed by both the Site and the party with whom the Site enters into such contract. No such contract is created or shall exist by virtue of your use of this Site, by this Agreement, or by making a purchase electronically at this Site. Likewise, the Site does not warrant the accuracy of third-party content contained within or referred to at this Site, including reference by any links to third-party websites.
E. No Legal Advice - The materials available on this site (the "Materials") have been prepared by the CITY OF DUARTE, its Staff and other contributors authorized in advance by the Site, for informational purposes only, are not legal advice and should not be relied on as such. The CITY OF DUARTE 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 author(s).
F. Indemnity - You agree to indemnify, defend and hold harmless the Site and the CITY OF DUARTE and its officers, officials, directors, affiliates, employees, representatives, agents, and volunteers, from and against all claims, losses, expenses, damages and costs, including expert witness fees and reasonable attorneys’ fees, resulting from or arising out of your use, unlawful use or other misuse, or inability to use the Site, or any of its content, or your breach of this Agreement. No officer, official, directors, affiliate, employee, agent, representative, or volunteer of the CITY OF DUARTE shall be personally liable to any person, firm, or entity, in the event of any default or breach by the CITY OF DUARTE or for any amount which may become due to any person, firm, or entity, or any successor, or for breach of any obligation of this Agreement.
G. Links to Other Pages - This Site contains links to other pages on the World Wide Web, also generally referred to as the Internet ("Linked Sites"). The CITY OF DUARTE does not assume responsibility for the contents, accuracy, or completeness of the Linked Sites. The CITY OF DUARTE will gladly remove any link from this Site upon request from the linked entity. THE CITY OF DUARTE, whether or not affiliated with the Linked Sites, is not responsible for the content of the Linked Sites. The Linked Sites are for your convenience only and you access them at your own risk.
I. Choice of Law, Arbitration, and Venue - This Agreement, the use of this Site, and any claim or controversy relating to or arising from the use of this Site, any purchases or other transactions made or entered into at this Site, or of any information, content, goods, or services herein contained or provided from this Site, or of any functionality or software or programming contained or provided at or from this Site, shall be governed by the internal laws of the State of California without reference to principles of choice of law, and, as applicable, the laws of the United States of America. Any dispute arising out of or relating to this Agreement, the use of this Site, and any claim or controversy relating to or arising from the use of this Site, any purchases or other transactions made or entered into at this Site, or of any information, content, goods, or services herein contained or provided from this Site, or of any functionality or software or programming contained or provided at or from this Site, shall be decided by one arbitrator under commercial arbitration rules of Judicial Arbitration and Mediation Services (JAMS) dispute resolution services. Such arbitration hearing shall take place in Los Angeles County, California. The decision of the arbitrator shall be final and binding. The award may be entered in, and any ancillary legal proceeding shall be conducted in, the Superior Court of the State of California, in and for the County of Los Angeles, or, where applicable, the federal District Court sitting in the County of Los Angeles, State of California.
J. Miscellaneous – Except as expressly provided in a particular legal notice posted by the CITY OF DUARTE on this Site, these Terms and Conditions constitute the entire agreement between you and the CITY OF DUARTE with respect to the use of this Site, the Service, and the Materials. The CITY OF DUARTE does not guarantee continuous, uninterrupted, or secure access to the Site, Service, or Materials, and operation of the Site may be interfered with by numerous factors outside of our control. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The CITY OF DUARTE’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 DUARTE may assign its rights and duties under these Terms and Conditions to any party at any time without notice.
The City Manager shall have the responsibility of interpreting the provisions of this Agreement and directing its implementation. The City Manager is authorized to delegate responsibility for website management and the interpretation and implementation of this Agreement to an authorized designee. The City Manager shall have final authority, however, for the interpretation and implementation of this Agreement.
Any amendments to this Agreement shall be approved by the City Council at a regular, adjourned regular, or special meeting of the City Council noticed and agendized in accordance with the provisions of the Brown Act. Your use of the Site following any amendment constitutes your agreement to follow and be bound by this Agreement as amended.
A. Personal Information - On certain occasions, the City may request personal information for purposes of correspondence or for conducting City business. The City’s goal in collecting personal information online is to provide users with the most personalized and effective service possible. By understanding needs and preferences, the City will be in a better position to provide improved service. The goal is to protect your online information in the same manner that we protect citizen and business information obtained through other means.
The City does not sell, share or give any personal information to a third party, unless required to do so by an order of regulatory body with jurisdiction or a court. We will only disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to comply with the law or to act in urgent circumstances to protect the safety of the public, City or the web site.
B. Log Files - The City archives web server log files in order to create aggregate statistical reports, detect errors on the Site, and keep the server and its data secure. These security measures ensure that the Site remains available for use. Reports about Site visitors are generated. These reports contain the following information:
the domain name of the visitor;
the Internet protocol number (IP number) of the visitor;
the date and time of the visit; and
These reports do not contain any personally identifiable information. No attempt is made to identify individual users unless illegal activity is suspected. The web log files are purged periodically at the discretion of the City’s Administrative Services Department.
C. Direct Mail - The City may use the personal data provided online to send information about City services and upcoming City activities.
D. Other Web Sites - This Site contains links to other sites. The City is not responsible for the privacy practices or the content of such web sites.
Public Information Officer
City of Duarte
City Manager's Office
1600 Huntington Drive
Duarte, CA 91010