GENERAL
The Miami21 web site is a City of Miami project
and 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. Violations of the terms
and conditions of this agreement may result in
the “User” being removed or permanently banned
from using this system.
The website is a City of Miami 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 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 Miami'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 this website by other users will be deemed an
unauthorized use.
Anyone using this system expressly consents to
administrative monitoring at all times. You
(User) are further advised that system
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 system now.
DISCLAIMER OF LIABILITY AND RELIABILITY:
In preparation of these pages, 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 Miami disclaims any
responsibility for typographical errors and
accuracy of the information that may be
contained on the Miami21 web pages. The
information and data included on the City of
Miami servers have been compiled by the City of
Miami staff from a variety of sources, and are
subject to change without notice to the User.
The City of Miami 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 Miami differ from
the text contained in this system, the official
printed documents take precedence. The services,
information, and data made available at the
Miami21 website are provided "as is" without
warranties of any kind. The City of Miami 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.
LINKS TO THIRD PARTIES' WEB SITES:
There are links and pointers to third party
Internet websites contained in the Miami21
website. These sites linked from the Miami21 website are not under the control of the
City of Miami. The City of Miami 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 Miami
does not intend these third party links to be
referrals or endorsements of the linked entities
by the City, 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 the Miami21 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 the Miami21 web page or User's access to it. The City
of Miami 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 Miami21 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 Miami and/or any of its
employees/affiliates has been advised of the
possibility of damages. The City of Miami 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 the City of Miami as
a result of this Agreement or use of this web
site. User agrees not to hold himself or herself
out as a representative, agent, or employee of
the City of Miami and the City of Miami shall
not be liable for any representation, act or
omission of the User.
USE OF BULLETIN BOARD, 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 Miami 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 website 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 Miami's computer system,
computer network, or any part thereof, including
this website, 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 Miami, and applicable
law.
The City of Miami reserves the right to remove
any content of this website received from users
for violations of the City of Miami forum use
policies and other applicable regulations and
law, including violations of others'
constitutional rights. The City of Miami
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
Miami, and such communications shall not be
considered reviewed, screened, or approved by
the City of Miami.
INDEMNITY
As a condition of use of the Miami21 web
site, the User agrees to indemnify the City of
Miami, 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 this web site, including without limitation
any claims alleging facts that if true would
constitute a breach by User of these terms and
conditions.
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 Miami 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 Miami 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.
EMAIL COMMUNICATION
Under Florida law (Florida Senate Bill SB
80-effective July 1, 2006), e-mail addresses are
public records. If you do not want your e-mail
address released in response to a public-records
request, do not send electronic mail to this
entity. Instead, contact this office by phone or
in writing.
Any rights not expressly granted herein are
reserved.
Disclaimer
