WEBSITE
TERMS OF USE AGREEMENT
PLEASE
READ THE FOLLOWING AGREEMENT CAREFULLY.
This
Website Terms of Use Agreement (the "Agreement") is
between you (the user) and the California Statewide Automated
Welfare System ("SAWS") Consortium IV Joint Powers Authority,
comprised of the Counties of Merced, Riverside, San Bernardino,
and Stanislaus ("C-IV"). YOUR USE OF THE C-IV WEBSITE
(THE "WEBSITE") WILL BE DEEMED TO INDICATE YOUR ACCEPTANCE
OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU
DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR
DO NOT HAVE AUTHORITY TO SO AGREE, YOU MUST IMMEDIATELY LOG OFF
THE WEBSITE.
Use. C-IV hereby grants you a nonexclusive, nontransferable
license to access and use the Website and to view and download
a copy of the text and images made available to you by C-IV (the
"Content") for learning more about the C-IV project.
You may use the Website only for the retrieval of the Content
and shall comply with all applicable laws and regulations with
respect to use of the Website and the Content hereunder. You do
not acquire any right of ownership or title in the Website or
Content or any other licensed rights in them. All right, title
and interest in and to the Website and Content will at all times
remain the property of C-IV and its license(s) and service providers.
Restrictions. Your right to use the Website and Content
is personal to you. You may not: (i) use, copy or disclose the
Website or the Content except as permitted by this Agreement;
(ii) use the Website or the Content for time-sharing, rental or
service bureau purposes; (iii) sell, sublicense, resell, or otherwise
transfer your right to use the Website or the Content; (iv) modify,
reverse engineer, decompile or disassemble any part or all of
the Website or Content; or (v) create or attempt to create derivative
works based on or of the Website or the Content, in whole or in
part.
Feedback. If any reader of the Content or other C-IV published
information responds with information, including but not limited
to feedback data, such as questions, comments, or suggestions
regarding the Content or other C-IV published information, such
information shall be deemed to be non-confidential and may be
subject to disclosure as a public record. C-IV shall have no obligation
of any kind with respect to such information and shall be free
to reproduce, use, disclose or distribute such information to
others without limitation. C-IV shall be free to use any ideas,
concepts, know-how or techniques contained in such information
for any purpose whatsoever.
Links.
Neither C-IV nor the parties providing services to C-IV in relation
to the project (collectively, "Contractors") are responsible
for the contents of any linked or off-site pages that reference,
or that are referenced by, this Website. The user specifically
acknowledges that neither C-IV nor the Contractors are liable
for any defamatory, offensive, misleading or illegal conduct of
other users, links, or third parties and that the risk of injury
from the foregoing rests entirely with the user. Links on this
Website to other sites, or from other sites to this Website, do
not constitute an endorsement by C-IV or the Contractors. Such
links are for convenience only. C-IV and the Contractors cannot
control or guarantee the relevance, timeliness, or accuracy of
off-site pages that reference, or that are referenced by, this
Website. It is the responsibility of the user to evaluate the
content and usefulness of information obtained from other sites.
Monitoring.
For site security purposes and to ensure that this service remains
available to all users, this Website may employ software programs
to monitor all network traffic, including unauthorized attempts
to upload or change information, or otherwise cause damage. Unauthorized
attempts to upload information or change information on this Website
are strictly prohibited and will be prosecuted to the fullest
extent of the law. C-IV reserves the right to perform statistical
analyses of user behavior and characteristics in order to, among
other things, measure interest in and use of the various areas
of the site. Anyone using this Website expressly consents to such
monitoring and is advised that, if such monitoring reveals possible
evidence of criminal activity, further legal action may be taken.
Disclaimers of Warranties. C-IV AND THE CONTRACTORS MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR THE CONTENT,
INCLUDING WITHOUT LIMITATION THE SUITABILITY OF THE CONTENT AND
OTHER INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE OR
AS TO THE QUALITY, CONTENT, ACCURACY, ADEQUACY, RELIABILITY, LEGALITY,
OR COMPLETENESS OF THE CONTENT. UNLESS OTHERWISE NOTED, THE INFORMATION
DOES NOT REPRESENT THE OFFICIAL STATEMENTS OR VIEWS OF C-IV OR
THE CONTRACTORS. YOUR ACCESS TO AND USE OF THE WEBSITE, SUCH CONTENT
AND OTHER INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. C-IV AND/OR ITS CONTRACTORS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND OTHER INFORMATION,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY.
WITHOUT LIMITATION OF THE FOREGOING PARAGRAPH, C-IV AND ITS CONTRACTORS
DO NOT WARRANT THAT: THE WEBSITE AND ITS CONTENT WILL MEET YOUR
REQUIREMENTS; THE WEBSITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION
ITS OPERATION, OR THE SERVICES WILL BE ERROR-FREE; ALL DEFECTS
WILL BE CORRECTED; THE WEBSITE AND THE CONTENT WILL FUNCTION PROPERLY
IN COMBINATION WITH YOUR EQUIPMENT; OR THE FILES AVAILABLE FOR
DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN
HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE
PROPERTIES.
Limitation of Remedies. YOUR SOLE AND EXCLUSIVE REMEDY FROM
YOUR INABILITY TO USE OR ACCESS THE WEBSITE OR THE CONTENT, DEFECTS
IN THE WEBSITE, OR ANY OTHER MATTER ARISING FROM YOUR USE OF THE
WEBSITE OR THE CONTENT SHALL BE THAT C-IV SHALL USE REASONABLE
EFFORTS TO PROVIDE TO YOU WITH A COPY OF THE CONTENT IN AN INDUSTRY
STANDARD ELECTRONIC FORMAT OR A PAPER COPY OF THE CONTENT, AT
C-IV'S SOLE DISCRETION. THE OBLIGATIONS OF C-IV AND ITS CONTRACTORS
AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE
AND ARE GIVEN IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS,
AND LIABILITIES OF C-IV AND ITS CONTRACTORS.
Internet Disclaimer. ACTIONS OR INACTION OF THIRD PARTIES
MAY RESULT IN SITUATIONS IN WHICH YOUR INTERNET CONNECTION, USE
OF THE WEBSITE, THE CONTENT OR OTHER INFORMATION MAY BE IMPAIRED,
DISRUPTED OR DAMAGED. C-IV AND ITS CONTRACTORS DOES NOT AND CANNOT
CONTROL THE FLOW OF DATA TO OR FROM THE INTERNET, AND SO DISCLAIMS
ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH ACTIONS
OR INACTION.
Limitation of Liabilities. IN NO EVENT SHALL C-IV OR ITS
CONTRACTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS RESULTING
FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL,
OR DAMAGE TO SYSTEMS OR DATA, WHETHER IN AN ACTION FOR CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF C-IV OR ITS
CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination. This Agreement is effective immediately
upon your use of the Website and shall continue until terminated
as described in this section. C-IV may suspend or terminate this
Agreement immediately if you breach this Agreement and fail to
cure such breach within 10 days after receipt of notice. Termination
will not limit a party from pursuing any other remedies available
to it. All rights and obligations that should by their nature
survive will survive any termination of this Agreement. Upon termination,
you will make no further use of the Website, and, within 10 days
thereafter, you will return to C-IV all materials provided to
you by C-IV related to the Website, if any.
Waiver, Severability, Amendment. Waiver of a breach of
or right hereunder will not constitute a waiver of any other or
subsequent breach or right. If any provision herein shall be held
by a court of competent jurisdiction to be contrary to law, that
provision shall be changed and interpreted so as to best accomplish
the objectives of the original provision to the fullest extent
allowed by law, and the remaining provisions herein will remain
in full force and effect. This Agreement may be amended only in
a document signed by authorized representatives of you and C-IV.
Governing Law. This Agreement shall be governed by California
law excluding its conflicts of laws principles. Venue for any
action between the parties shall be San Bernardino County, State
of California.
Entire Agreement. This Agreement is the complete and exclusive
agreement between the parties and supersedes all previous and
contemporaneous agreements, proposals and communications with
respect to this subject matter.
