Terms and Conditions of Use
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
