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TERMS OF USE

 

Last Updated: February 3, 2017

 

Welcome to http://www.danapoint.org/ (the “Website”), an online information service operated by the City of Dana Point (“Dana Point,” “us” or “we”).  Please review the following terms and conditions (“Terms of Use”) that govern your visit to the Website, and your use of the Website and the related services available on or through the Website (the “Service(s)”).  Dana Point reserves the right, at any time, to modify or update the Website and these Terms of Use.

Your Consent and Use of the Website

Your use of the Website constitutes your acceptance of and agreement to follow and be bound by the Terms of Use, Privacy Policy, and any further policies or terms that govern your use of the Website and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”).  Use of the Website is further subject to the additional terms, disclaimers, caveats, and notices that may appear elsewhere on the Website and/or that are contained in any other written agreement between you and us.  By accessing and using the Website and Services, you acknowledge that you have read, understood and agree to be bound by this Agreement as if you had signed it.  Use of the Website and Services is voluntary.  IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO ACCESS, BROWSE OR USE THE WEBSITE OR SERVICES, AND YOU MUST DISCONTINUE USE OF THE WEBSITE AND SERVICES IMMEDIATELY.

We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services and this Agreement at any time as provided herein, with or without notice to you, at our discretion.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it.  Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.  We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever.  Except as otherwise provided herein, however, Dana Point undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties.

Use of the Website is limited to persons over the age of thirteen (13) who are residents of the United States.  The Website is not directed to persons under 13 years old.  The policy of Dana Point, as the operator of the Website, is NOT to knowingly collect any personal information from persons under 13, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA).  If you are under 13, you should leave the Website without providing any information about yourself.  Any access to or use of the Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian.  If you are a parent, please note that to create an account for your child, you must create an account for an adult first; additional family members can be added to your account during registration.  By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website, Services and this Agreement.  By using the Website and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

PROHIBITED USES. Dana Point imposes certain restrictions on your permissible use of the Website.  You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Dana Point in providing the Website.  Any violation of system or network security may subject you to civil and/or criminal liability.  Without limiting the foregoing, you may not use “bots,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with this Agreement.  You may not circumvent any access or use restrictions, data encryption or content protection related to the Website.  You may not data mine the Website or in any way cause harm to the Website.

Website Contents and Intellectual Property Rights

 

Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Dana Point or its subsidiaries and affiliates.  The selection, arrangement and presentation of the Contents (including information in the public domain), and the overall design of the Website are copyright © 2003 CITY OF DANA POINT.  All rights reserved.  Dana Point is the owner of all copyrights in and to the Contents, except for works of the United States Government pursuant to 17 U.S.C. Section 105.  No right, title or interest in any of the information, material, or other Contents of the Website is granted to you under any circumstances, and Dana Point reserves and retains all intellectual property rights in and to the Website and its Contents.  Linking or framing to the Website or any of its Contents is prohibited without the prior written permission of Dana Point.

 

Permission is granted to view and print Contents from the Website for the non-commercial purpose of viewing, reading and retaining Contents for reference only.  Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Website. Unauthorized use or copying (including electronic copying or downloading) of the Website and Contents without Dana Point’s express prior written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Website or through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.

 

Privacy Policy

 

Information that you provide to Dana Point via the Website is subject to our Privacy Policy.  For more information, please read our full Privacy Policy.

Disclaimer of Warranties and Limitation of Liabilities

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL USE OF THE WEBSITE, ANY INFORMATION, CONTENT, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THE WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF THE WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.  YOUR USE OF THE WEBSITE AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK.  WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES.

 

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY.  YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THE WEBSITE.  LIKEWISE, DANA POINT DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THE WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES.  DANA POINT IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL DANA POINT OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.

 

WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF DANA POINT FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, OR SERVICES OBTAINED AT OR FROM THE WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO DANA POINT FOR USE OF THE WEBSITE OR SERVICES.

 

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.

Release and Indemnification

 

IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE DANA POINT AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, VENDORS, ATTORNEYS AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND/OR SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.

 

YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE WEBSITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE.  YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Choice of Law, Arbitration and Venue

This Agreement and any claim or controversy relating to or arising from the use of the Website or Services, including, but not limited to, any transactions made or entered into at the Website, any information, content, products, services or promotions herein contained or provided from the Website, or any functionality, software or programming contained or provided at or from the Website (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM

MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.

 

YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS.  BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California.  For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com.  All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims.  NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  The decision of the arbitrator shall be final and binding.  No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California.  Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California.  You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

By using the Website and/or Services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and us. You also give up your right to participate in a class action or other class proceeding.

Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials

As a user of the Website, you may be able to post content on the Website, including, without limitation, by providing testimonials or reviews, leaving comments or participating in any online discussions, etc.  You are solely responsible for the content you publish, display or post on the Website or Services, or transmit or display to other users.  However, Dana Point reserves the right to block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to Dana Point in its sole discretion.  Dana Point reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Website, in its sole discretion, without notice.  If at any time Dana Point chooses, in its sole discretion, to monitor the content, Dana Point nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.  You agree that Dana Point shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.  

Any submission of information or copyrightable works of any nature by you to the Website or to Dana Point through the use of the Website, any of Dana Point’s social media pages or accounts, or otherwise, shall be deemed to constitute a release by you to the public domain, for use by Dana Point and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information.  With the exception of any confidential complaints, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Dana Point using the Website or otherwise are not confidential and will become and remain Dana Point’s property.  By submitting any such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction.

Your submission of such information and material shall further constitute an assignment to Dana Point of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation.  By posting content to any public area of the Website, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, “Posted Content”) at or through the Website, you represent, warrant, and agree that any such Posted Content:

 

  1. Is not defamatory, discriminatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;

     

  2. Is not false, inaccurate, misleading, or fraudulent;

     

  3. Does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

     

  4. Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing consumer protection, unfair competition, anti-discrimination or false advertising);
  5. Does not contain personal identifying information of any person other than you;

     

  6. Does not contain any advertising of any nature whatsoever;

     

  7. Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Website or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and

     

  8. Shall become and be the property of Dana Point with the full and unrestricted right of Dana Point to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.

 

Termination and Denial of Access

This Agreement is effective unless and until terminated by Dana Point.  If, in Dana Point’s sole discretion, you fail to comply with any term or provision of this Agreement, Dana Point may terminate your access to or use of the Website.  In the event of termination or denial of access by Dana Point, you are no longer authorized to access the Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.

 

Third Party Links

The Website may include links to other Internet sites maintained by third parties (“Linked Sites”). Dana Point provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Dana Point of the Linked Sites.  You access Linked Sites at your own risk and by accessing them, you leave the Website.  Linked Sites are not under the control of Dana Point and Dana Point is not responsible for any content of any Linked Sites.

 

Modifications to the Website or Services

Dana Point reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice in our sole discretion.  You agree that Dana Point shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.

 

Your Account Information, Password and Security

In the course of your use of the Website or Services, we may ask you for certain information, including your name, email address, and mailing address (collectively, “Account Information”).  If you open an account or commence any transaction of business at or on the Website, you may be required to complete the registration process by providing certain additional information and registering a username and password.  Your Account Information must be up-to-date and accurate at all times.  Should your information change, you must update it in your user profile.  You agree that you are solely responsible for the accuracy and content of your Account Information.  You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your account.  You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each Website session.  Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will Dana Point be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section.  You may not use another person’s account at any time, without the express permission of the account holder.  We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Website or Services if you provide inaccurate, false or misleading information in connection with your account.

 

Images, Features, Content and Specifications

All features, content, specifications and costs of Services described at or depicted on the Website are subject to change at any time without notice.  All descriptions are approximate and are provided for convenience only.  We make all reasonable efforts to accurately display images on the Website, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.  Likewise, the images on the Website may appear larger or smaller than their actual size.  While Dana Point attempts to be as accurate as possible in descriptions on the Website, Dana Point does not warrant that any descriptions or other content of any Dana Point Service is accurate, complete, reliable, current or error-free.

 

Professional and Legal Advice Disclaimer

Any information we provide to you, including any descriptions and instructions, is for informational purposes only.  Use of the Website is not meant to serve as a substitute for professional or legal advice.  The information on the Website is general in nature and may not apply to particular factual or legal circumstances.  Laws and procedures change frequently and are subject to differing interpretations.  The Website is not intended to create, and your use of the Website does not constitute, a lawyer-client relationship.  You should not act upon any of the information we provide to you without seeking professional counsel.  Any opinions, whether legal or otherwise, expressed on the Website are solely those of the respective author(s).  When appropriate, you should seek independent professional advice.

 

Miscellaneous

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Dana Point and you or any other person or entity.  Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches.  This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between Dana Point and you with respect to use of the Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein.  This Agreement is binding on the parties hereto and their successors and assigns.  If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.

 

Complaints or Concerns

If you have any complaints or concerns regarding the Website or Services, please contact us at (949) 248-3500 or kward@danapoint.org.  For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.