CITY OF RIVERSIDE OPEN DATA PORTAL
DISCLAIMER AND TERMS OF USE
INTRODUCTION
The City of Riverside, California (the "City") will make a variety of publicly available datasets (the "Data"), which are provided for informational purposes only and made available for download through the City's website (www.riversideca.gov). The City grants any interested user (the "User") access to and use of the Data subject to the City's Open Data Terms and Conditions of Use (the "Terms") and any and all other applicable laws. The Terms, constituting a binding agreement between the City and the User, govern and control the User's right to access and use the Data, including any derivative work.
ACCEPTANCE OF TERMS BY USER
The Terms represent the entire understanding and agreement regarding the User's access and use of the Data. The Terms are governed by and interpreted by the laws of the State of California without regard to any of its conflict of laws provisions. The User must accept and agree to the Terms in order to access and use the Data. The User accepts and agrees to the Terms by the act of viewing, machine-consuming, or downloading and using the Data, which signifies the User's express or implicit acceptance of the Terms at that point in time.
The User represents that he/she has the legal capacity and authority to accept the Terms. If the User accepts the Terms on behalf of a third party (for example, another individual, an employer, or entity), the User represents and warrants that he/she has the legal capacity and due authority to act on behalf of the third party and obligates the third party and himself/herself to comply with the Terms.
USE OF DATA
The City may require User of this data to terminate any and all display, distribution, or other use of any or all of the data provided at this website for any reason including, but not limited to, violation of law, these Terms of Use, or other terms as defined by City agencies or departments contributing data to this website.
Any user of this website providing any software application, or other secondary or derivative application using data supplied at this website shall do the following:
1. Include the following disclaimer at the site where the software application, or other secondary or derivative application can be accessed or downloaded:
"This site provides applications using data that has been modified for use from its original source, www.riversideca.gov, www.engageriverside.com, or other related sites, the official websites of the City. The City makes no claims as to the content, accuracy, timeliness, or completeness of any of the data provided at this site. The data provided at this site is subject to change at any time. It is understood that the data provided at this site is being used at one's own risk."
2. Comply with any additional Terms of Use set forth by the City agency or department providing data used by the software application, or other secondary or derivative application, including, but not limited to, requirements to include additional citations or disclaimers at the site where the application can be accessed or downloaded.
DISCLAIMER OF LIABILITY
The City voluntarily provides the data on this website as a service to the public. User can copy, modify, distribute, and perform the data, even for commercial purposes, all without asking permission. The City makes no warranty, representation, or guaranty as to the content, accuracy, timeliness, or completeness of any of the data provided at this website. The City makes this data available on an "as is" and "as available" basis and explicitly disclaims any representations and warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The City shall assume no liability for: 1. any errors, omissions, or inaccuracies in the data provided at this website regardless how caused; or, 2. any decision made or action taken or not taken by anyone using or relying upon data provided at this website. The City assumes no liability for any virus or other damage to any computer that might occur during or as a result of accessing this website or the data provided herein. The User acknowledges, understands, and agrees that the information in the Data may be subject to error and thus may not be relied upon by the User without the User's independent verification and/or website inspection. The User uses the Data at his/her sole cost, expense, and risk. The right of the User to access and use the Data does not create any right or warranty that is not expressly stated in the Terms. These terms will survive any termination of this agreement.
INDEMNITY
To the fullest extent permitted by law, any User of the data provided at this website shall indemnify, defend at his/her sole cost and expense, and hold harmless the City from any claim, loss, damage, injury, or liability of any kind (including, but not limited to, incidental and consequential damages, court costs, attorneys' fees and costs of investigation and litigation), that arises directly or indirectly, in whole or in part, from that user's use of this data, including any secondary or derivative use of the information provided herein. Every user of this data also specifically acknowledges and agrees to have an immediate and independent obligation to defend the City from any claim that may fall within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to the User by the City and continues at all times thereafter.
USE OF CITY LOGOS
The City logo and all other City government logos, including agency logos that appear on this site are official logos of the City and have been registered as a service mark with the California Secretary of State. The City logos may not be used to indicate any endorsement, sponsorship, legal or other affiliation. Any use or reuse of the District logos requires prior written permission from the City. Any unauthorized use of a registered service mark is a violation of California Business and Professions Code section 14245 and subject to the remedies in section 14250.
OTHER SITE LINKS
Some links on the website lead to websites that are not operated by the City. The City does not control these websites nor do we review or control their content. The City provides these links to users for convenience. These links are not an endorsement of products, services, or information, and do not imply any association between the City and the operators of the linked website. When the User selects a link to an outside website, the User acknowledges that he/she is leaving the City website, and that the User is subject to the terms and conditions of the owner/sponsors of that outside website.
RESERVATION OF RIGHTS
The City reserves the right to discontinue availability of content on this website at any time and for any reason. The City reserves the right to claim or seek to protect any patent, copyright, trademark, or other intellectual property rights in any of the information, images, software, or processes displayed or used at this website. If the City claims or seeks to protect any intellectual property rights in any of the information, images, software, or processes displayed or used at this website, then this website will so indicate on the webpage on or from which such information, images, software, or processes are accessed. These Terms of Use do not grant anyone any title or right to any patent, copyright, trademark or other intellectual property rights that the City and/or any third party may have in any of the information, images, software, or processes displayed or used at this website. Any copyrighted or trademarked content included on this website retains that copyright or trademark protection. The User must secure permission for reuse of copyrighted or trademarked content from the owner of the copyright or trademark.
Updates to this document
The City reserves the right to modify these Terms at any time and may do so by posting notice of such modifications on this page. Any modification is effective immediately upon posting, unless otherwise stated. User's continued use of the Data following the posting of any modification signifies the acceptance of any and all modifications.
MISCELLANEOUS PROVISIONS
1. Any action at law or in equity will be commenced in the Superior Court of Riverside County, California; the User and the City consent to the venue and jurisdiction of said court when the User expressly or impliedly accepts the Terms.
2. The waiver of any default or breach will not constitute a waiver of any other right under the Terms or of any subsequent breach or default. If the City does not exercise or enforce any legal right or remedy described in the Terms or available to the City by applicable law, the City's inaction will not be considered a formal waiver of the City's rights. The City's waiver of any of the Terms will be effective only if the waiver is made, in writing, and signed by the City's duly authorized representative.
3. If any of the Terms is determined to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.
REPORTING ERRORS OR OTHER PROBLEMS ON THIS SITE
Users of this website should report any errors or problems encountered while using this website or accessing the data provided.
