Terms of Use and Disclaimer

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Welcome to the City of Montclair Homepage and its webpages. All access to, and any use of, the City of Montclair’s Homepage and any of its webpages and any Homepage or Webpage or Internet site established by any of the Department's boards, bureaus, programs, divisions, groups, or committees of the City of Montclair is governed by the following disclaimers and limits on use.

TERMS OF USE

The City of Montclair Homepage and its webpages are governed and controlled by the statutes and ordinances of the State of California and the City of Montclair and the terms, conditions, and notices contained herein.  All use of the City of Montclair Homepage and its webpages shall conform to all City, State and federal laws, rules and regulations.  Your use of the City of Montclair Homepage and its webpages constitutes your agreement to all such terms, conditions, and notices.  Unauthorized attempts to upload information or alter information on the City of Montclair homepage and its webpages are strictly prohibited.  Violators will be prosecuted to the extent allowed by law.  The City of Montclair reserves the right to periodically change the terms, conditions, and notices under which the City of Montclair Homepage and its webpages is offered.

PRIVACY POLICY

The City of Montclair and the City of Montclair Homepage and its webpages strive to maintain your online privacy and the confidentiality of personal information you may provide while interacting with us online. Our policy is to collect no personal information about you when you visit the City of Montclair Homepage or any of its webpages, unless you affirmatively choose to make such information available to us.  If you choose to share personal information by completing a credit card transaction, sending a message or filling out an electronic form with personal information, this information will be used to fulfill the purpose for which the information was submitted.  This may require that the information be shared with another City of Montclair department.  This information is not shared with, or sold to, any other organizations outside of the City of Montclair.  However, the City of Montclair does cooperate with law enforcement agencies in their official investigations and, if required, will provide law enforcement agencies with any requested information the City of Montclair may possess from any source.  The City of Montclair is subject to the California Public Record Act, California Government Code section 6250 et seq. Government Code section 6250 finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this State.  Any information provided to the City of Montclair through the City of Montclair Homepage and its webpages is subject to the same laws as information provided to the City of Montclair on paper.  Therefore, all information collected on the City of Montclair Homepage and its webpages may become public record and subject to inspection by the public, unless exempted by law.  Persons submitting email comments or questions to the City of Montclair or to City of Montclair officials or employees should be aware that the City of Montclair cannot guarantee, nor does it represent that such communications will remain private or confidential.  Similar to mailed or delivered comments, comments received via email may become subject to public disclosure under the California Public Records Act and/or part of the discovery procedure in a civil lawsuit.  This privacy policy is subject to change at any time by the City of Montclair.

DISCLAIMER INFORMATION

Disclaimer of Liability

Neither the City of Montclair nor the City of Montclair Internet Homepage or any of its webpages or its contributors shall be held liable for the inaccuracy, or any improper or incorrect use, of the information described and/or contained herein and assumes no responsibility for anyone's use of the information.  The City of Montclair does not attest, confirm or otherwise assert to the validity of information or data presented on the City of Montclair Homepage or any of its webpages, nor to any to any opinions, assertions, or conclusions, beliefs, or extrapolations drawn or derived therefrom by the user or any other person.  It is not the purpose or intent of the City of Montclair to offer, present or provide any guarantee or sense or offer of security, comfort, or confidence in the information contained in, or provided through the City of Montclair Homepage or any of its webpages.  In no event shall the City of Montclair or the City of Montclair Homepage or any of its webpages 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 in any way out of the use of City of Montclair information systems including the City of Montclair Homepage or its webpages, 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 of Montclair, City of Montclair Home Page and its webpages, its contributors, any entity jointly created by them, their respective affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the on-line information by user.

Disclaimer of Warranties/Accuracy and Use of Data/Computer Viruses

Although the information found using the City of Montclair Webpage has been presented 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 of Montclair 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 published version of the City of Montclair Homepage or any of its webpages.  If the user has obtained information from a source other than the City of Montclair Homepage or any of its webpages, 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 of Montclair Webmaster.

Disclaimer of Endorsement

The City of Montclair, City of Montclair Homepage and its webpages serve as distributor 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, public agencies, governing boards, joint power authorities, private entities, private corporations, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the City of Montclair.  Reference herein to any public agency, studies, reports, data, commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the City of Montclair or the City of Montclair Homepage or its webpages or to its accuracy, and such reference shall not be used for advertising or product endorsement purposes.

Disclaimer: Links

Neither the City of Montclair, City of Montclair Homepage nor any of its webpages nor its contributors is responsible for the contents of any off-site pages that reference, or that are referenced by, the City of Montclair, City of Montclair Homepage or its webpages. The user specifically acknowledges that neither the City of Montclair, City of Montclair Homepage, nor its webpages or 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 of Montclair Homepage or is webpages on the World Wide Web to other sites, or from other sites to the City of Montclair Homepage or any of its webpages do not constitute an endorsement by the City of Montclair, City of Montclair Homepage or any of its webpages or its contributors.  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.

The City of Montclair Homepage and its webpages contain links to other sites.  When a user links to another site, the user is no longer on the City of Montclair Homepage or any of its webpages, and are subject to the privacy policies and other practices of the new site.  The City of Montclair, City of Montclair Homepage and its webpages have no control over and is not responsible for the information, practices or content of these or any other sites and the users participation in promotions or services of any kind with any third party found on or though this site, or the users correspondence or business dealings of any kind with any third party found on or through this site, including without limitation, payments, warranties, or representations associated with such dealings, are solely between the user and that third party.

The City of Montclair, City of Montclair Homepage and any of its webpages do not, by way of its links to other sites, endorse, adopt, recommend, promote or support products, positions, statements made or taken by parties controlling the other sites.

The City of Montclair, City of Montclair Homepage and/or any of its webpages is not responsible or liable for any loss or damage of any sort incurred as the result of your dealings with third party advertisers, or as the result of the presence of such advertisers on the web site.

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 of Montclair Homepage and any of its webpages is at the user's sole risk.  Neither the City of Montclair, the City of Montclair Homepage, any of its webpages, 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 of Montclair authorizes the user to copy, for non-commercial use only, documents originated and published by the City of Montclair 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 of Montclair 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 of Montclair, City of Montclair Homepage, or any of its webpages or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any City of Montclair copyright.

Although the City of Montclair 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 of Montclair may make changes, corrections and/or improvements in its publications, and/or the products, programs or services described in those publications, at any time without notice.

Unauthorized Use/Access

This computing system is operated by the City of Montclair and is for official use only.  Unauthorized access, unauthorized attempted access, or unauthorized use of any City of Montclair operated computing system is a violation of Section 502 of the California Penal Code and/or applicable federal law, and may be subject to prosecution.

Individuals using this computing system without authority, or in excess of their authority, are subject to having their activities on this system monitored and recorded by system personnel.  All http and ftp accesses may be logged.  In the course of such monitoring, or in the course of system maintenance or trouble shooting, the activities of authorized users also may be monitored.

Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, further legal action may be taken.

Severability

If any provision of these conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.