ISSUANCE OF USER NAME. The City of Rio Rancho (the “City”) will issue you with a user name ("the user name") solely for the purpose of gaining access to certain tools and features on the City’s Web site ("the Web site"). You agree that the user name and such tools and features are provided solely for your convenience. By using the user name to gain access to those tools and features, you agree to be legally bound by any terms of use that are associated specifically with such tools and features.
CHANGES TO USER NAME TERMS AND CONDITIONS. The City may change these terms and conditions from time to time by giving you advance notice of the changes. You accept the changes if the user name is used after you receive our notice. If you do not accept the changes, you must give The City written notice, either by email to the City’s Webmaster or by mail so that the user name can be cancelled, at which time this Agreement will terminate.
CONFIDENTIALITY OF AND LIABILITY FOR USE OF USER NAME. You are responsible for maintaining the confidentiality of the user name. You are solely responsible for any damage, loss, or injury that you suffer or sustain as a result of use of the user name or the use of any tool or feature on the Web site to which you obtain access by use of the user name. You may permit another person or entity to use the user name for access to any tool or feature on your behalf and for your benefit, but you shall be solely responsible for any damage, loss, or injury that you or any other person suffers or sustains as a result of use of the user name or the use of any tool or feature on the Web site to which you obtain access by use of the user name. The City is not liable for the use or misuse of the user name by you or any other person.
LAWFUL PURPOSES. You agree to use the user name only for lawful purposes.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
(A) THE CITY PROVIDES THE USER NAME, TOOLS, AND FEATURES OF WHICH YOU GAIN SOLELY FOR YOUR CONVENIENCE. ALL SUCH TOOLS AND FEATURES ON THE WEB SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE" BASIS. THE TOOLS AND FEATURES MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, INVALID ASSUMPTIONS, INCORRECT MATHEMATICAL EQUATIONS, ALGORITHMS OR OTHER ERRORS. THE CITY EXPRESSLY DISCLAIMS ANY DUTY TO CORRECT ANY SUCH ERRORS. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY TOOL OR FEATURE ON THIS WEB SITE TO WHICH ACCESS IS GAINED BY USING THE USER NAME, AND FOR VERIFYING THE RESULTS OBTAINED FROM USING SUCH TOOL OR FEATURE. THE USE OF ANY SUCH TOOL OR FEATURE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOU OR ANY OTHER PERSON MAY SUFFER. THE CITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE AND UNINTERRUPTED OPERATION OF THE USER NAME, ANY TOOL OR FEATURE TO WHICH YOU MAY GAIN ACCESS BY USING THE USER NAME, OR THE WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE USER NAME, ANY TOOL OR FEATURE TO WHICH YOU MAY GAIN ACCESS BY USING THE USER NAME, OR THE WEB SITE IS AT YOUR SOLE RISK.
(B) THE CITY AND ITS, OFFICIALS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PROGRAMS, OR COSTS TO PROCURE SUBSTITUTE PRODUCTS OR SERVICES THAT ARISE OUT OF, OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE USER NAME ISSUED TO YOU, ANY TOOL OR FEATURE ON THE WEB SITE TO WHICH ACCESS IS GAINED BY USING THE USER NAME, OR THE WEB SITE, EVEN IF THE CITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CITY OR ANY THIRD PARTY CONTENT PROVIDERS, EITHER JOINTLY OR SEVERALLY, EXCEED US $50.00.
(C) IF YOU BECOME DISSATISFIED WITH ANY TOOL OR FEATURE ON THE WEB SITE TO WHICH ACCESS IS GAINED BY USING THE USER NAME, YOUR SOLE REMEDY IS TO STOP USING THAT TOOL OR FEATURE AND TO STOP USING THE USER NAME OR ANY OTHER TECHNIQUE TO OBTAIN ACCESS TO SUCH TOOL OR FEATURE.
(D) SINCE SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSIONS OR LIMITATIONS, THOSE PORTIONS OF THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ASSIGNMENT. You may not assign this Agreement without our advance consent. The City may assign this Agreement to another entity without advance consent from or notice to you.
JURISDICTION. The City controls and
operates the Web site from its headquarters in City Hall, in Rio Rancho, NM,
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and the City pertaining to the subject matter hereof, and supersedes any and all written or oral agreements previously existing between you and the City with respect to the subject matter of this Agreement.