User Agreement & Liability Disclaimer
General
This Web site is offered to you, the user ("User"), conditioned on
acceptance of the terms, conditions, and notices contained herein,
without modification. User access and use of this site constitutes
acceptance of these terms and conditions.
This is the official City
of Sweeny Web site, and it is provided as a public service for the
City of Sweeny and the surrounding area. Government personnel and the
general public may use this web site to review and retrieve publicly
available government information. User agrees to use this 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 The City of Sweeny Web site, 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 this Web
site by other users will be deemed an unauthorized use.
Anyone using this Web site expressly consents to administrative
monitoring at all times. You (User) are further advised that site
administrators may provide evidence of possible criminal activity
identified during such monitoring to appropriate law enforcement
officials. If you (User) do not wish to consent to monitoring, exit
this site now.
Disclaimer of Liability and Reliability
In
preparation of this 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, the City of Sweeny disclaims any responsibility for
typographical errors and accuracy of the information that may be contained on
related Web pages. The information and data included on the City of Sweeny servers
have been compiled by City staff from a variety of sources, and are
subject to change without notice to the User. The City of Sweeny 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 the City of Sweeny differ
from the text contained in this site, the official printed documents take
precedence. The services, information, and data made available at the City of Sweeny
Web site are provided "as is" without warranties of any kind. The City
of Sweeny makes no representations or warranties
regarding the condition or functionality of this 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 web administrator.
Links to Third Parties' Web Sites
There
are links and pointers to third party Internet Web sites contained in the City
of Sweeny Web site. These sites linked from the City of Sweeny Web site are not under the
City's control. The City of Sweeny 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. The City of Sweeny does not intend these third
party links to be referrals or endorsements of the linked entities by the City,
and they 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 the City of Sweeny Web pages, 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 City of Sweeny Web page or User's access to it. The City of Sweeny 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 City of Sweeny Web site or with the delay or inability to use this Web site,
or from any information, documents, services, software, or other material
obtained through this Web site, or otherwise arising out of the use of this Web
site, whether based on contract, tort, strict liability, or otherwise, even if
the City of Sweeny and/or
any of its employees/affiliates has been advised of the possibility of damages. The City of Sweeny 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 Users
User
acknowledges that no joint venture, partnership, employment, or agency
relationship exists between the User and the City of Sweeny as a result of
this Agreement or use of this Web site.
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 the City of Sweeny. The views and opinions of authors expressed
herein do not necessarily state or reflect those of the City of Sweeny, and shall not be used for advertising or product endorsement purposes.
Disclosure of Information About User
Information
provided exclusively to the City of Sweeny by a User through this Web site may be
subject to Texas'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, the City of Sweeny 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.
Use of Bulletin Boards or any other Communication or Interactive Forums
To
the extent that this Web site contains or may in the future contain bulletin
boards, discussion webs, chat rooms, or other message, interactive, or
communication facilities involving the City of Sweeny and other
Users ("Forums"), the User agrees to use such forums only to send and
receive messages and material that are proper and related to the particular
forum. By way of example, and not as a limitation, the User agrees that when
using a Forum, the User shall not violate the law by:
-
Defaming, abusing, harassing, stalking, threatening,
or otherwise violating the legal rights (such as rights of privacy and
publicity) of others.
-
Publishing, posting, distributing, or disseminating any defamatory, infringing,
obscene, indecent, or unlawful material or information.
-
Uploading or downloading files that contain software or other material protected
by intellectual property laws (or by rights of privacy or publicity) unless the
User owns or controls the rights thereto or has received all necessary consents.
-
Deleting any author attributions, legal notices, or proprietary designations or
labels in any file that is uploaded.
-
Falsifying the origin or source of any material contained in a file that is
uploaded.
-
Knowingly introducing viruses, corrupted files, or any other similar software or
programs that may damage, alter, or destroy this Web site or the operation of
another's computer system, network, software, program, documentation, or data
contained therein.
-
Knowingly accessing or attempting to access or use the City of Sweeny Web site, computer network, or any part thereof, for the purpose of
devising or executing any scheme or artifice to defraud; obtaining money
property or services by means of false or fraudulent pretenses, representations
or promises; or committing theft, including but not limited to theft of
proprietary information.
User
agrees to (as available) send and receive electronic mail, engage in conferences
and chats, download and upload files, and otherwise use this Web site only as
permitted by these terms and conditions, any additional policies or procedures
published in this Web site from time to time by the City of Sweeny, and applicable
law.
The
City of Sweeny reserves the right
to remove any contents of this Web site received from Users for violations of
the City of Sweeny forum use policies and other applicable
regulations and law, including violations of others' constitutional rights. The
City of Sweeny reserves the right to edit any notices or postings for length if
and when such length interferes with other Users' access to and use of this
forum.
The
User acknowledges that chats, conferences, bulletin boards, discussion webs, and
any other such interactive or communications' forums hosted by this Web site are
public and not private communications. Further, the User acknowledges that
chats, posting conferences, discussion webs, and other communications by other
Users are not endorsed by the City of Sweeny, and such
communications shall not be considered reviewed, screened, or approved by the
City of Sweeny.
Indemnity
As
a condition of use to the City of Sweeny Web site, the User agrees to indemnify
The City of Sweeny, City Councilors, or it’s Officers, or
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
this 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 U.S. Laws of the State of Texas. User consents to
the exclusive jurisdiction and venue of courts within Brazoria County, Texas, in
all disputes arising out of or relating to the use of this Web site. Use of this
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.
The
City of Sweeny's performance of this Agreement is subject to
existing laws and legal process and nothing contained in this Agreement is in
derogation of the City of Sweeny’s right to comply with other law enforcement
requests or requirements relating to the User's use of this Web site or
information provided to or gathered by the City of Sweeny 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 the City of
Sweeny with respect to this Web site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral,
or written, between the User and the City of Sweeny with respect to this Web site.
This Agreement shall be deemed to include all other notices, policies,
disclaimers and other terms contained in this 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.

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