Last Modified: July 19, 2018
The iCareApp is offered and available to users who are 18 years of age or older and are residents of the City of Taylor. By using the iCareApp, you represent and warrant that you are of legal age to form a binding contract with City of Taylor and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the iCareApp.
2. DESCRIPTION OF SERVICE
You understand and agree that the iCareApp is provided “AS-IS” and that City of Taylor assumes no responsibility for the timeliness, deletion, delivery or failure to store any user content, other information or settings. You are responsible for making all arrangements necessary for you to have access to the iCareApp, and for any fees incurred from third parties in accessing the iCareApp and ancillary services (such as usage charges or internet access fees), including those fees associated with the display or delivery of advertisements.
3. YOUR REGISTRATION OBLIGATIONS
4. INFORMATION ABOUT YOU AND YOUR VISITS TO THE ICAREAPP
5. MEMBER ACCOUNT, PIN AND SECURITY
You understand and agree that City of Taylor shall not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. USER CONDUCT
You represent and warrant that:
You own or control all rights in and to the User Content and have the right to grant the license granted above to City of Taylor; and
You understand that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated. This means that you, and not City of Taylor, are entirely responsible for theUser Content you submit or otherwise provide in conjunction with your use of the iCareApp and you have full responsibility for such User Content, including its legality, reliability, accuracy and appropriateness. You understand that by using the iCareApp, you may be exposed to User Content that is offensive, indecent or objectionable.
City of Taylor is not responsible, or liable to you or any third party, for the content and accuracy of User Content posted by you or any other user of the iCareApp. City of Taylor does not control the User Content on the iCareApp and does not guarantee the accuracy, integrity or quality of the User Content. Under no circumstances will City of Taylor be liable in any way for any User Content, including, but not limited to, any errors or omissions in the User Content, or any loss or damage of any kind incurred as a result of the use of or reliance on User Content in the iCareApp.
To upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content;
To impersonate any person or entity, including, but not limited to, a City of Taylor official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
To forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
To upload, post, email, transmit or otherwise make available any User 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);
To upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
To 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;
To 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 the iCareApp;
In any manner or by using any device, software or routine that could disable, overburden, damage, or impair the iCareApp or interfere with any other party's use of the iCareApp;
To monitor or copy any of the material on the iCareApp using a manual process or otherwise;
To interfere with or disrupt the iCareApp or the servers and networks connected to the iCareApp, or violate any requirements, procedures, policies or regulations of networks connected to the iCareApp;
In any manner or with the intent to override or circumvent usage rules or security components contained within the iCareApp. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the iCareApp, in whole or in part, is strictly prohibited.
In any way that that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); and/or
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the iCareApp, or which, as determined by us, may harm City of Taylor or users of the iCareApp or expose them to liability, which includes collecting or otherwise accessing or storing data about other users.
City of Taylor does not warrant the accuracy, completeness or usefulness of the content contained on the iCareApp, including the User Content. Any reliance you place on such User Content or other content is strictly at your own risk. In this regard, you may not rely on any User Content or other content contained on the iCareApp, including, without limitation, the City of Taylor Issues, Reports or Click its. City of Taylor disclaims all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents. City of Taylor is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. USER CONTENT STANDARDS
These content standards apply to any and all User Content and use of the iCareApp. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or,
Give the impression that they emanate from or are endorsed by City of Taylor or any other person or entity, if this is not the case.
8. INTERNATIONAL USE
The owner of the iCareApp is the City of Taylor located in the state of Michigan in the United States. As explained in Section 1, we provide the iCareApp for use only by residents of City of Taylor. Use by persons located outside of the United States is prohibited. We make no claims that the iCareApp or any of its content is accessible or appropriate outside of the United States. Access to the iCareApp may not be legal by certain persons or in certain countries. Do not access the iCareApp from outside the United States.
10. MONITORING OF USAGE
City of Taylor has the right to:
Limit the amount of User Content you can post in the iCareApp for any or no reason in its sole discretion;
Limit the number of times (and the maximum duration for which) you may access the iCareApp in a given period of time;
Remove or refuse to post any User Content for any or no reason in our sole discretion
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the iCareApp.
You agree that City of Taylor has no responsibility or liability for the deletion of or failure to store any User Content, including buy not limited to, issues reported, or other User Content posted or otherwise submitted to the iCareApp. City of Taylor reserves the right to terminate an account session that is inactive for an extended period of time.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order directing us to disclose the identity or other information of anyone posting User Content or any other material to or through the iCareApp. YOU WAIVE AND HOLD HARMLESS CITY OF TAYLOR AND ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the iCareApp, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, City of Taylor assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. City of Taylor has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. MODIFICATIONS TO ICAREAPP
City of Taylor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the iCareApp (or any part thereof) with or without notice, in our sole discretion. You agree that City of Taylor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the iCareApp. From time to time we may restrict access to the iCareApp to users.
The iCareApp may include advertisements or links to advertisers. These links are provided for your convenience only. City of Taylor has no control over the contents of those sites or resources and accepts no responsively for them. City of Taylor shall not be responsible or liable to you, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your contact or interaction with advertisers on the iCareApp. Your contact, interaction or other relationship with advertisers on the iCareApp, including, but not limited to, participation in promotions or the purchase of goods or services, is solely between you and the advertiser. If you decide to interact with any of the advertisers, you do so entirely at your own risk and subject to the terms and conditions imposed by those advertisers. City of Taylor expressly disclaims any endorsement or other representations concerning the advertisers on the iCareApp.
The iCareApp may provide, or third parties may provide, links to outside websites or resources. These links are provided for your convenience only. City of Taylor has no control over such outside websites or resources, and you acknowledge and agree that City of Taylor is not responsible for the availability of such websites 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 websites or resources. If you decide to access any outside websites or resources linked from the iCareApp, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources. You further acknowledge and agree that City of Taylor 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 the use of or reliance on any outside websites or resources.
15. INTELLECTUAL PROPERTY
The iCareApp and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by City of Taylor, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as expressly permitted by applicable law or authorized by City of Taylor or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the iCareApp, in whole or in part.
You must not access or use for any commercial purposes any part of the iCareApp or any services or materials available through the iCareApp. You agree not to modify the iCareApp in any manner, nor to use modified versions of the iCareApp, including, without limitation, to obtain unauthorized access to the iCareApp. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the iCareApp.You agree not to access the iCareApp by any means other than through the interface provided by City of Taylor to access the iCareApp.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE ICAREAPP, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE ICAREAPP IS AT YOUR OWN RISK. THE ICAREAPP, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE ICAREAPP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISWITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CITY OF TAYLOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL 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.
CITY OF TAYLOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT (i) THE ICAREAPP, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE ICAREAPP WILL MEET YOUR REQUIREMENTS; (ii) THE ICAREAPP, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE ICAREAPP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ICAREAPP, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE ICAREAPPWILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ICAREAPP, WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE ICAREAPP OR ITS CONTENT, WILL BE CORRECTED.
You understand that we cannot and do not guarantee or warrant that files available from iCareApp will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. CITY OF TAYLOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ICAREAPP.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CITY OF TAYLOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ICAREAPP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE ICAREAPP OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE ICAREAPP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. NO THIRD-PARTY BENEFICIARIES
You agree that, there shall be no third-party beneficiaries to this agreement.
19. CHANGES TO THE ICAREAPP
City of Taylor may update the content on this iCareApp or otherwise make changes to the iCareApp from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the iCareApp may be out of date at any given time, and City of Taylor is under no obligation to update such material.
21. TRADEMARK INFORMATION
The City of Taylor, City of Taylor logo, trademarks and service marks and other City of Taylor logos, product and service names, designs and slogans are trademarks of City of Taylor (the “City of Taylor Marks”). You must not use the City of Taylor Marks without City of Taylor’s prior permission. All other names, logos, product and service names, designs and slogans on the iCareApp are the trademarks of their respective owners.
22. COPYRIGHT POLICY
City of Taylor takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the iCareApp infringe your copyright, you may request removal of those materials (or access to them) from the iCareApp by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the iCareApp, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
City of Taylor’s designated copyright agent to receive DMCA Notices is:
City of Taylor
23555 Goddard Road
Fax Number: 734-374-4000
If you fail to comply with all of the requirements of Section 512(c) (3) of the DMCA, your DMCANotice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the iCareApp is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is City of Taylor’s policy in appropriate circumstances to disable and/or terminate the user accounts for persons who are repeat infringers.
24. GENERAL INFORMATION
No Right of Survivorship and Non-Transferability. You agree that your City of Taylor account is non-transferable and any rights to your City of Taylor login or contents within your account terminate upon your death or sale of property in City of Taylor.