Disclaimer
Liability Disclaimer And User Agreement
General
This web site (“Web Site”) is offered to you, the user ("User"), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification of this Agreement. User access and use of Web Site constitutes acceptance of these terms and conditions.
This is a Housing And Community Services Agency (HACSA) computer system, provided as a public service. Government personnel and the general public may use this system to review and retrieve publicly available government information. User agrees to use Web Site as permitted by applicable local, state, and federal laws. User agrees, therefore, not to: 1) knowingly and without authorization, alter, damage, or destroy HACSA's or another user's computer system, network, software, program, documentation or data contained therein; 2) use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to Web Site by other users will be deemed an unauthorized use.
Anyone using this system expressly consents to administrative monitoring at all times. User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If User does not wish to consent to monitoring, exit this system now.
Disclaimer Of Liability And Reliability
In preparation of Web Site, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, HACSA disclaims any responsibility for typographical errors and accuracy of the information that may be contained on Web Site. The information and data included on HACSA servers have been compiled by HACSA staff from a variety of sources, and are subject to change without notice to the User. HACSA makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.
In any situation where the official printed publications of HACSA differ from the text contained in this system, the official printed documents take precedence. The services, information, and data made available at Web Site are provided "as is" without warranties of any kind. HACSA makes no representations or warranties regarding the condition or functionality of Web Site, its suitability for use, or that this web service will be uninterrupted or error-free.
If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Such concerns should be addressed to the page sponsor listed on each web page.
Links To Third Parties' Web Sites
There are links and pointers to third party internet web sites contained in Web Site. These sites linked from Web Site are not under the HACSA's control. HACSA does not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. HACSA does not intend these third party links to be referrals or endorsements of the linked entities by HACSA, and are provided for convenience only. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers.
Disclaimer Of Damages
By using Web Site, the User assumes all risks associated with the use of this site, including any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a HACSA Web page or User's access to it. HACSA shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the Web Site or with the delay or inability to use Web Site, or from any information, documents, services, software, or other material obtained through Web Site, or otherwise arising out of the use of Web Site, whether based on contract, tort, strict liability or otherwise, even if HACSA and/or any of its employees/affiliates has been advised of the possibility of damages. HACSA shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon information furnished.
Disclaimer Of Association With User
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and HACSA as a result of this Agreement or use of Web Site. User agrees not to hold himself or herself out as a representative, agent, or employee of HACSA and HACSA shall not be liable for any representation, act or omission of the User.
Disclaimer Of Endorsement
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by HACSA. The views and opinions of authors expressed herein do not necessarily state or reflect those of HACSA, and shall not be used for advertising or product endorsement purposes.
Disclosure Of Information About User
Information provided exclusively to HACSA by a user through Web Site may be subject to Oregon's public records law and other state and federal laws governing records disclosure/confidentiality for public entities. By way of example, and not as a limitation, HACSA will, whenever possible, seek to keep personal information about a user confidential if public disclosure would lead to an unreasonable invasion of privacy, unless a third party sufficiently demonstrates that the public interest requires disclosure under particular circumstances.
Indemnity
As a condition of use of HACSA's Web Site, the User agrees to indemnify HACSA, its Commissioners, officers, employees and agents against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of Web Site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
Jurisdiction
This Agreement is governed by the laws of the State of Oregon, USA. User consents to the exclusive jurisdiction and venue of courts in Lane County, Oregon, USA in all disputes arising out of or relating to the use of Web Site. Use of 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.
HACSA's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of HACSA's right to comply with law enforcement requests or requirements relating to the User's use of Web Site or information provided to or gathered by HACSA with respect to such use.
Severability
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 limitation 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.
Closing Of Agreement
This Agreement constitutes the entire agreement between the User and HACSA with respect to Web Site e and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and HACSA with respect to Web Site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in Web Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
