Terms of Agreement
A. Acceptance of Terms
Washoe County, through the Department of Community Development (hereafter called "County") provides access to its site(s), through Limehouse Software, Inc., subject to the following Terms of Agreement ("TOA"), which may be updated from time to time without notice to you.
When using particular Washoe County sites, you are also subject to any posted guidelines or rules applicable to such sites, which may be posted from time to time.
B. Access
The County provides users with access to its site(s) (hereafter called "Site") to promote general discussion by the general public regarding planning issues facing Washoe County.
You understand and agree that the Site is provided "AS-IS" and that the County assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user settings.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
C. Participant Conduct
You agree that you will not use the Site to:
- upload, post, email, transmit or otherwise make available any Content (defined as all information, data, text, software, music, sound, photographs, video, messages, tags or other material) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable; and/,or,
- harm minors in any way; and/or,
- impersonate any person or entity, including, but not limited to, a Washoe County official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; and/or,
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to the Site; and/or,
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); and/or,
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; and/or,
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and/or,
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or,
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or,
- intentionally or unintentionally violate any applicable local, state, national or international law; and/or,
- "stalk" or otherwise harass another participant.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other material ("Content") are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the site.
You acknowledge that the County may or may not pre-screen Content, but that the County and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content on the site. Without limiting the foregoing, the County and its designees shall have the right to remove any Content that violates the TOA or is otherwise objectionable. You agree that you must evaluate, and bear all risks allocated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the County be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You may receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of your password and account designation and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify the County of any unauthorized use of your password or account designation or any other breach of security, and (b) ensure that you exit from the Site at the end of each session.
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that the County is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the County shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You understand that the technical processing and transmission of the site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the site and software embodied within the site may include security components that permit digital materials to be protected. You may not attempt to override or circumvent any of the usage rules embedded into the site.
D. Registration
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (hereafter called "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or complete, or the County has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, the County has the right to suspend or terminate your access and refuse you future access to the Site.
E. Privacy
You acknowledge, consent and agree that the County may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOA, (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the County.
Please see Privacy Policy at the bottom of the page.
F. Termination
You agree that the County may, without prior notice, immediately terminate your Site access for any and/or no reason.
G. Disclaimer of Warranties
You Expressly Understand and Agree that;
- Your use of the site is at your sole risk. The site is provided on an "AS IS" and "AS AVAILABLE" basis. There are no warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- There is no warranty: (i) that the site will meet your requirement; (ii) that the site will be uninterrupted, timely, secure or error-free; (iii) that the results may be obtained from the use of the site will be accurate or reliable; (iv) that the quality of information or other material obtained by you through the site will meet your expectations; and (v) that any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the site is accessed at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
- No information obtained from the site shall create any warranty not expressly stated in the TOA.
H. Miscellaneous
Choice of Law and Forum.
The TOA and the relationship between you and the County shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and the County agree to submit to the personal and exclusive jurisdiction of the courts located within Washoe County, Nevada.
Section Titles.
The section titles in the TOA are for convenience only and have no legal or contractual effect.
Entire Agreement.
The TOA constitutes the entire agreement between you and the County and governs your use of the Site, superseding any prior agreements between you and the County with respect to the Site.
PRIVACY POLICY
DEPARTMENT OF COMMUNITY DEVELOPMENT - WASHOE COUNTY
This site has been made available to the general public by the Department of Community Development, Washoe County, through Limehouse Software, Inc., for, amongst other reasons, the posting of comments to further the participatory process in the formulation of various plans.
In order for you to make comments on a particular plan, you must provide certain private information about yourself and your organization (if any). Washoe County takes your privacy seriously. This Privacy Policy covers Washoe County's treatment of personally identifiable information collected when you register on the site.
The Department of Community Development collects personally identifiable information when you register to participate. This information includes your name, your organization's (if any) name, address and other contact information. The purpose of this information is to have as transparent a process as possible.
After your register, any comment(s) that you wish to post on the site will be identified as generated by you, and the name of your organization (if any) shall be shared on the site in connection with your comment. In terms of your address and other contact information, this information will not be posted on the site. Your address and other contact information will be used only to help identify you and to assist us in providing you with additional information that you may request or provide us the opportunity to speak with you regarding any comments that you may make. Your electronic mail address and telephone number (if provided) are confidential pursuant to NRS 239B.040 and will be maintained in the Site's database by the County for sole use by Washoe County.
In addition, the Limehouse Software server automatically receives and records information from your browser including your IP address on its server logs.
Remember you are joining a public process which is attempting to be responsive to the citizens of Washoe County as meaningful plans are drafted through enactment. Any information that you provide will be used to make this process as transparent as possible.
Your personally identifiable information is not being collected for any other reason. And Limehouse Software, Inc., has agreed that no such information will be used by it except in fulfilling its work with the Department of Community Development, Washoe County.