Terms of Usage
Terms and Conditions
PLEASE READ THESE CITY OF DANA POINT GENERAL TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEB SITE (www.danapoint.org) OR ANY SERVICES OFFERED BY THE CITY OF DANA POINT.
By using the web site, discussion list and other services offered by the CITY OF DANA POINT, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
www.danapoint.org is an online information service provided by the CITY OF DANA POINT, which may revise and update these Terms and Conditions at any time by posting such revised Terms and Conditions at www.danapoint.org. Your continued usage of this site or any of its services will mean you accept those changes.
No Legal Advice
The materials available on this site (the "Materials") have been prepared by the CITY OF DANA POINT, its Staff and other contributors for informational purposes only, are not legal advice and should not be relied on as such. The CITY OF DANA POINT 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 respective author(s).
The Materials are protected by United States and other copyright laws, except for works of the United States Government pursuant to 17 U.S. C. Section 105. The selection, arrangement and presentation of all Materials (including information in the public domain), and the overall design of this site are copyright © 2003 CITY OF DANA POINT. All rights reserved. The CITY OF DANA POINT is the owner of all copyrights in and to the Materials, except for works of the United States Government pursuant to 17 U.S.C. Section 105. Permission is granted to view and print materials from this site for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or Materials on this site, whether in electronic or hard copy form, without the express prior written permission of the CITY OF DANA POINT, is strictly prohibited.
In consideration of your use of the CITY OF DANA POINT'S Discussion List, you agree not to: (1) upload or transmit any communications or content of any type that infringe or violate any rights of any party; (2) post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law; (3) impersonate another person or allow any other person or entity to use your identification for posting materials to the list; (4) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (5) engage in any other conduct that restricts or inhibits any other person from using or enjoying the list.
The CITY OF DANA POINT has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the discussion list (or any portion thereof) at any time.
By submitting communications or content to any part of the discussion list, you agree that such submission is non-confidential for all purposes. If you make any submission, you automatically grant - - or warrant that the owner of such content has expressly granted - - to the CITY OF DANA POINT a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.
THE CITY OF DANA POINT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, OR ANY THIRD PARTY SITES LISTED ON THIS SITE, AND THE CITY OF DANA POINT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE CITY OF DANA POINT DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED. THE CITY OF DANA POINT IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL THE CITY OF DANA POINT OR ITS OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THIS SITE OR DOWNLOADED FROM THIS SITE, EVEN IF THE CITY OF DANA POINT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THIS SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE CITY OF DANA POINT'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the CITY OF DANA POINT and its officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of this site and any violation of these Terms and Conditions by you.
Governing Law and Jurisdiction
These Terms and Conditions constitute a contract made under and shall be governed by and construed in accordance with the laws of the State of California. You agree that the Orange County Superior Court, if it has subject matter jurisdiction, shall have exclusive jurisdiction to hear and determine any claims or disputes between you and the CITY OF DANA POINT (and/or its officers, employees, agents and the assigns of same), pertaining directly or indirectly to these Terms and Conditions, or to any matter arising therefrom, or any other document executed and delivered in connection herewith or therewith.
Except as expressly provided in a particular legal notice posted by the CITY OF DANA POINT on this site, these Terms and Conditions constitute the entire agreement between you and the CITY OF DANA POINT with respect to the use of this site and the Materials. The CITY OF DANA POINT'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 DANA POINT may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
These Terms and Conditions were last updated on July 2, 2003
Questions or comments regarding this site should be sent by e-mail to firstname.lastname@example.org or by U.S. Mail to:
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
This site is not directed to children under 13 years of age, and children under 13 years of age shall not use the web site or services offered by this site to submit any individually identifiable information about themselves.
What Type of Information We Collect
The CITY OF DANA POINT does not collect any personally identifiable information about you through this website other than information that you affirmatively choose to submit to us. The CITY OF DANA POINT may automatically collect aggregate information about the use of its site, including which pages are most frequently visited, how many visitors we receive daily, and how long visitors stay on each page.
How We Use the Information We Collect
The personally identifiable information we collect from and about you may be used to provide e-mail based newsletters and other information to you as you request and to notify you from time to time about services offered by the CITY OF DANA POINT or other entities associated with the CITY OF DANA POINT.
With Whom We Share Information
We may disclose information about you if we have a good-faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of the CITY OF DANA POINT or others.
Other Terms and Conditions
The CITY OF DANA POINT General Terms and Conditions are available at www.danapoint.org.
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629