Introduction
This Web site is operated by City Applications under
the domain name cityapplications.com ("us,"
"we," or "our"). By using our site
(the "Site"), you are agreeing to comply with
and be bound by the following terms and conditions of
use. Please review the following terms carefully. If
you do not agree to these terms, you should not review
information or transact with this site.
Acceptance
of Agreement
You agree to the terms and conditions outlined in this
Terms & Conditions of Use Agreement ("Agreement")
with respect to our Site. This Agreement constitutes
the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with
respect to the Site, the content, products or services
provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at
any time from time to time by us without specific notice
to you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using
the Site.
Copyright
The content, organization, graphics, design, compilation,
digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any
part of the Site, except as allowed herein, is strictly
prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through
the Site. The posting of information or materials on
the Site does not constitute a waiver of any right in
such information and materials.
Trademarks
Trademarks or registered trademarks of City Applications
and other product and company names mentioned on the
Site that may be trademarks of their respective owners
are protected under law.
Limited
Right to Use
The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only
a limited, nonexclusive license for use solely by you
for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content,
form or document may be reproduced in any form or incorporated
into any information retrieval system, electronic or
mechanical, other than for your personal use (but not
for resale or redistribution).
Third
Party Links and Documents
This Site may contain links to other Websites, documents,
or resources that are not own, controlled, affiliated
with, or approved of by City Applications. You acknowledge
and agree that we are not responsible for the availability
of such external Websites, documents, or resources,
and that we do not endorse and are not responsible or
liable for any content, advertising, products, or other
materials on or available from such sites or resources.
You further acknowledge and agree that City Applications
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such
content, goods or services available on or through any
such Website, document, or resource. We are not affiliated
with any governmental agencies, cities or counties.
Indemnification
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim
and expense, including reasonable attorneys' fees, related
to your violation of this Agreement or use of the Site.
Nontransferable
Your right to use the Site is not transferable. Any
password or right given to you to obtain information
or documents is not transferable. You are responsible
for maintaining the confidentiality of any passwords
given to you in connection with your use of this Site.
Disclaimer and Limits
THE INFORMATION, CONTENT, FUNCTIONS, SOFTWARE, AND MATERIALS
MADE AVAILABLE FROM OR THROUGH THE SITE IS PROVIDED
"AS IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING,
BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF
ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT
FROM USE OF OR INABILITY TO USE OUR SITE.
Third-party
content
The information contained in this Site is provided
largely by third-party sources. We do not and cannot
all information posted on this site. All information
should not be relied upon as an official source of information.
You should conduct the necessary due diligence to varify
any information prior to any decisions or actions. WE
ARE NOT RESPONSIBLE FOR YOUR USE OF THE CONTENT POSTED
ON THIS SITE. This site is for informational purposes
only and does not consitute legal, financial or tax
advise. All information in this Site is subject to the
limitations set forth above.
Jurisdiction/Governing
Law
This
Agreement shall be treated as though it were executed
and performed in San Diego, California and shall be
governed by and construed in accordance with the laws
of the State of California (without regard to conflict
of law principles).
Dispute
Resolution
You agree that any dispute or controversy arising out
of or relating to this Site (and/or any information,
products or services related thereto) and any interpretation,
construction, performance, or breach of this Agreement
shall be resolved by binding arbitration through the
American Arbitration Association at its offices located
in San Diego, California. Any such proceeding by you
must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth
above. The arbitrator will be authorized to grant temporary,
preliminary and permanent injunctive or other relief
in such dispute or controversy. The decision of the
arbitrator shall be final, conclusive, and binding on
the parties to the arbitration and the judgment may
be entered in any court of competent jurisdiction. All
parties to the arbitration shall share the arbitrator's
fees and costs equally, and each shall pay their own
attorney's fees and costs.
Change
of Terms
We
reserve the right, in our sole discretion, to change,
modify, add or remove any portion of this Agreement,
in whole or in part, at any time. Accordingly, you should
check this Agreement often for changes to any terms.
A "last modified" date will be posted at the
end of this Agreement when it is changed to assist you
with assessing whether you need to refamiliarize yourself
with these terms.
Miscellaneous
The language in this Agreement shall be interpreted
as within accordance with its fair meaning and not strictly
for or against either party. Should any part of this
Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and
the remaining portions shall remain in full force and
effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the
right to enforce such provision.
Last
Modified 7-8-07
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