IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. The City of Santa Monica ("The City") owns and operates this Web, located at http://www.shapethefuture2025.com (the Web site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE CITY OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. The City may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement. The terms and conditions apply to both public and private communication on the www.shapethefuture2025.net website. In using this website you accept the following :
- I agree to abide by all applicable federal, state and local laws pertaining to computer crime, including but not limited to the Electronic Communications Privacy Act of 1986.
- I agree to abide by all laws related to copyright and other proprietary rights. I agree not to violate rights of authorship, trademark, or patents when entering material onto the Web site or when printing or otherwise reproducing material from the Web site.
- I agree to abide by laws related to slander and libel, obscenity, or any other illegal activities. I agree not to place unlawful information on the Web site.
- I agree to abide by standards of common courtesy in my use of the Web site.
- I agree not to use the Web site for solicitation, advertisement, or promotion of commercial services or products, or for any other commercial purposes.
- I agree not to use the Web site’s discussion forum as a means to conduct commercial or corporate communication or business.
- I agree that the City of Santa Monica has the right to set and enforce rules and regulations for use of the Web site. The City has the right to terminate without prior notice or a hearing the privilege of access to and use of the Web site. I understand that the offering of discussion forum is a free and experimental service of the City and that no person shall acquire any right to the continued offering of the system by the City. The City has the right to review any information in the discussion forum and to delete any information in violation of this User Agreement. The City has the right to delete storage files of electronic mail and/or conferences which are outdated in the sole and absolute discretion of the City.
- I agree that any violations of federal, state or local laws or regulations related to participation on the Web site will be prosecuted to the full extent of the law. Evidence of illegal activity will be reported to proper legal authorities. Electronic communication on the Web site is not private and may be used as evidence in criminal investigations and/or prosecutions.
- I agree that the City has the right to determine the specific services and information which the City elects to offer on the Web site from time to time. The City reserves the right to set up private closed conferences from time to time.
- I AGREE AND DO HEREBY RELEASE AND DISCHARGE AND INDEMNIFY AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND LICENSORS AGAINST ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, INJURIES, DAMAGES, EXPENSES, AND COMPENSATION ARISING FROM USE OF OR INABILITY TO USE THE PEN SYSTEM, FROM THE ENFORCEMENT OR NON-ENFORCEMENT OF ANY USER AGREEMENT, FROM ANY INCORRECT INFORMATION ON the Web site, FROM ANY SYSTEM FAILURE, FROM ANY BREACH OF THE USER AGREEMENT BY ANY USER, OR FROM ANY OTHER CAUSE RELATING TO the Web site OR ITS USAGE, INCLUDING DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF THE CITY HAS BEEN ADVISED THAT SUCH DAMAGES, HARM, OR LOSS MAY OCCUR AND EVEN IF THE CITY WAS NEGLIGENT. THE CITY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO PEN OR ITS USE.
I UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE ARE HEREBY EXPRESSLY WAIVED. SAID SECTION READS AS FOLLOWS: CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- I agree that use of the Web site is being provided to me without charge by the City. However, I agree to pay for any telephone charges, personal equipment or software costs, which may be incurred in gaining access to the Web site.
- I agree that the City has the right to terminate my access to the Web site immediately without prior notice or a hearing if I violate any term of this User Agreement.
- I agree that the City has the right to terminate the discussion forum at any time without any prior notice or a hearing.
- I agree to comply with all rules and regulations promulgated by the City concerning use of the the Web site.
- I understand and agree that the rules and regulations set forth in this User Agreement have been promulgated to ensure that limited computer resources of the City may be allocated in a manner that can be utilized by as many City residents as possible. I further understand that one of the purposes of this User Agreement is to ensure that the City incurs no monetary obligations by providing access to the Web site. Therefore, I have freely entered in the obligations of this User Agreement knowing that I will not be able to seek any damages from the City, its City Council, officers, agents, servants, employees and licensors arising from or in any way relating to my participation in the Web site.
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