AGREEMENT BETWEEN USER AND City of Clovis

The City of Clovis Web Site is comprised of various Web pages operated by City of Clovis.

The City of Clovis Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the City of Clovis Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE AND TERMINATION OF SERVICE

City of Clovis reserves the right to change the terms, conditions, and notices under which the City of Clovis Web Site is offered, including but not limited to the charges associated with the use of the City of Clovis Web Site.  The City of Clovis further reserves the right to terminate this site at any time without notice.

LINKS TO THIRD PARTY SITES

Please see the below PDF on the City of Clovis’ policies for 3rd party links/sites:

City of Clovis Third Party Links/Sites Policy

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the City of Clovis Web Site, you warrant to City of Clovis that you will not use the City of Clovis Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the City of Clovis Web Site in any manner which could damage, disable, overburden, or impair the City of Clovis Web Site or interfere with any other party’s use and enjoyment of the City of Clovis Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the City of Clovis Web Sites.

USE OF COMMUNICATION SERVICES

The City of Clovis Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

City of Clovis has no obligation to monitor the Communication Services. However, City of Clovis reserves the right to review materials posted to a Communication Service and to remove any materials, that, in its sole discretion, it deems a violation of these terms of use. City of Clovis reserves the right to terminate your access to any or all of the Communication Services at any time, without notice for violating these terms.

City of Clovis reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any information or materials  it deems, in its sole discretion, a violation of these terms of use.

If you believe that you have had access to Communication Services terminated, or information removed, in error, you may contact the City of Clovis at (559) 324-2060 to discuss your concerns.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. City of Clovis does not control or endorse the content, messages or information found in any Communication Service and, therefore, City of Clovis specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized City of Clovis spokespersons, and their views do not necessarily reflect those of City of Clovis.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO City of Clovis OR POSTED AT ANY City of Clovis WEB SITE

City of Clovis does not claim ownership of the materials you provide to City of Clovis (including feedback and suggestions) or post, upload, input or submit to any City of Clovis Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting City of Clovis, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. City of Clovis is under no obligation to post or use any Submission you may provide and may remove any Submission at any time, deemed, in the City of Clovis’ sole discretion, to be a violation of these terms of use.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE City of Clovis WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. City of Clovis AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE City of Clovis WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE City of Clovis WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

City of Clovis AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE City of Clovis WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. City of Clovis AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL City of Clovis AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE City of Clovis WEB SITE, WITH THE DELAY OR INABILITY TO USE THE City of Clovis WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE City of Clovis WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE City of Clovis WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF City of Clovis OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE City of Clovis WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE City of Clovis WEB SITE.

TERMINATION/ACCESS RESTRICTION

City of Clovis reserves the right, in its sole discretion, to terminate or restrict your access to the City of Clovis Web Site and the related online services or any portion thereof at any time, without notice, for violating these terms of use.  

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Fresno, California, U.S.A. in all disputes arising out of or relating to the use of the City of Clovis Web Site. Use of the City of Clovis Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and City of Clovis as a result of this agreement or use of the City of Clovis Web Site. City of Clovis’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of City of Clovis’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the City of Clovis Web Site or information provided to or gathered by City of Clovis with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and City of Clovis with respect to the City of Clovis Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and City of Clovis with respect to the City of Clovis Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

If you believe that you have had access to the City of Clovis Website or Communication Services terminated, or information removed, in error, you may contact the City of Clovis at (559) 324-2060.