CITY OF NORTH MIAMI WEBSITE LIABILITY
DISCLAIMER AND USER AGREEMENT

GENERAL

The City of North Miami Website is offered to you, the user (‘User"), conditioned on acceptance of the terms, conditions, and notices contained in this Disclaimer and User Agreement without modification. User access and use of this site constitutes acceptance of all terms and conditions in the Disclaimer and User Agreement.

The Website is a system, provided by the City of North Miami as a public service. Government personnel and the general public may use this system to review and retrieve publicly available government information. The User agrees to use this website as permitted by applicable local, state and federal laws. The User agrees, among other things, not to: 1)knowingly and without authorization, alter, damage, or destroy City of North Miami’s or another user’s computer system, network, software, program, documentation or data; or 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 website expressly consents to the City monitoring of website usage at all times. Users are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If a User does not wish to consent to monitoring, exit this system now.

In any situation where the official printed publications of City of North Miami differ from the text contained in this system, the official printed documents take precedence. THE SERVICES, INFORMATION, AND DATA MADE AVAILABLE AT THE CITY OF NORTH MIAMI WEBSITE ARE PROVIDED "AS IS". THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) THE CITY OF NORTH MIAMI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES. THIS INCLUDES (BUT IS NOT LIMITED TO WARRANTIES).

	THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE.
	THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE
	THAT DEFECTS WILL BE CORRECTED.
	THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LINKS TO THIRD PARTIES' WEBSITES

There are links and pointers to third party Internet websites contained in City of North Miami’s website. These sites linked from the City of North Miami website are not under the City’s control. The City of North 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 North 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. A User assumes sole responsibility for use of third party links and pointers.

DISCLAIMER OF DAMAGES

THE CITY OF NORTH MIAMI WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.

THESE INCLUDE (BUT NOT LIMITED TO) DAMAGES OR INJURY CAUSE BY ANY

	USE OF (OR INABILITY TO USE) THE SITES;
	USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
	FAILURE OF PERFORMANCE;
	ERRORS;
	OMISSION;
	INTERRUPTION;
	DEFECT;
	DELAY IN OPERATION OR TRANSMISSION;
	COMPUTER VIRUS; OR
	LINE FAILURE

THE CITY OF NORTH MIAMI IS NOT LIABLE FOR ANY DAMAGES, INCLUDING:

	DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
	DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES");
	OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").

FURTHERMORE, THE CITY IS NOT LIABLE EVEN IF THE CITY HAS BEEN NEGLIGENT OR IF AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

DISCLAIMER OF ASSOCIATION WITH USER

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and City of North Miami as a result of this Agreement or use of this website. User agrees not to hold the User out as a representative, agent, or employee of the City of North Miami, and the City of North 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 website contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving the City of North 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 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 to the material 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.
	Knowingly accessing or attempting to access or use the City of North Miami computer system, computer network, or any part 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 send and receive electronic mail, engage in conferences and chats, downloading and upload files, and otherwise use this website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time by the City of North Miami, and applicable law.

The City of North Miami reserves the right to remove any contents of this website received from users for violations of City of North Miami forum use policies and other applicable regulations and law, including violations of others’ constitutional rights. The City of North 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 communication forums hosted by this website 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 North Miami, and such communications shall not be considered reviewed, screened or approved by the City of North Miami.

E-MAIL 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 the City Clerks office.

INDEMNITY

As a condition of use of City of North Miami website, the User agrees to indemnify the City of North Miami, its officers, employees and agents against any and all liability, expenses (including attorney’s fees at trial and appellate levels) and damages arising out of claims resulting from User’s use of this website, 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 laws of the State of Florida, USA without applying the state’s conflict of law principles and User consents to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, USA.

The City of North Miami’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 North Miami’s right to comply with law enforcement requests or requirements relating to the User’s use of this information provided to or gathered by the City of North Miami with respect to such use.

The City in no way imply that the materials on the sites are appropriate or available for use outside of the United States. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable locals laws.

Some software from our sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported:

(a) into (or to a national or resident of) any country to which the United States has placed an embargo (as of today, these include Cuba, Iran, Iraq, Libya, North Korea, Syria and Yugoslavia); or

(b) to anyone on the U.S. Treasure Department’s Specially Designated Nationals List of the U.S. Commerce Department’s Table of Deny Orders.

If you download or use the software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list.

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 limitations 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 City of North Miami with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the City of North Miami with respect to this website. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; 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 in this Agreement are reserved.