DISCLAIMER AND TERMS OF USE

Thank you for visiting the Official Site of the City of Palm Coast, Florida. It is presented to you by the City of Palm Coast.

PRIVACY

Your E-Mail Privacy

Under Florida law, 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 this office by phone or in writing.

If you send us personal information

If you choose to provide us with personal information -- by filling out a form with your personal information and submitting it to us through the Web site -- we use that information to respond to your message and to help us get you the information you have requested. We only share the information you give us with another government agency if your inquiry relates to that agency, or as otherwise required by law. The City of Palm Coast does not collect information for commercial marketing.

TERMS OF USE

By visiting the Official Site of the City of Palm Coast, Florida, users agree that they will not use the Site for any unlawful activity or use it in any way that would violate these terms and conditions. If you do not wish to be bound by this agreement, you may not access or use the site. The information on the site is provided for convenience only, and may not be relied upon for any legal rights.

The City of Palm Coast, Florida provides the site for your convenience. By using the information, services, and products available through the site, you agree to be bound by all of The City of Palm Coast terms and conditions of use as set forth herein.

Please note that the City of Palm Coast is not responsible for the content or privacy practices of websites whose contents are not controlled by the City of Palm Coast, whether the City of Palm Coast links to them as "outside sites" or not.

DISCLAIMER OF LIABILITY AND RELIABILITY

In preparation of these pages, a reasonable effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limitation, the City of Palm Coast disclaims any responsibility for typographical errors and accuracy of the information that may be contained on the site. The information and data included on City of Palm Coast servers have been compiled by City of Palm Coast staff from a variety of sources, and are subject to change without notice to the User. The City of Palm Coast makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.

In any situation where the official printed publications of the City of Palm Coast differ from the text contained in this system, the official printed documents take precedence. The services, information, and data made available on the site are provided "as is" without warranties of any kind. The city of Palm Coast makes no representations or warranties regarding the condition or functionality of the site, its suitability for use, or that this web service will be uninterrupted or error-free.

DISCLAIMER OF DAMAGES

By using the site, the user assumes all risks associated with the use of the site, including, but not limited to, any risk to the user's computer, software, or data being damaged by any virus, software, or any other file which might be transmitted or activated by means of the site or the user's access to it. The city of Palm Coast shall not, in any event, be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenue, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the site or with the delay or inability to use the site, or from any information, documents, services, software, or other material obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if City of Palm Coast and/or any of its employees/affiliates has been advised of the possibility of damages. The City shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or activities, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information on the site regardless of how caused, or arising out of any user's decision or action taken or not taken in reliance upon the information furnished.

Nothing herein shall constitute a waiver of the City's rights or immunities under state law to include, but not be limited to, section 768.28, Florida Statutes.

DISCLAIMER OF WARRANTIES

IN NO EVENT WILL THE CITY OF PALM COAST, ITS SUPPLIERS, ITS SERVICE PROVIDERS, OR OTHER THIRD-PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO:

DIRECT, INDIRECT, INCIDENTAL PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE;

ANY WEBSITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES;

CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY;

WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION;

AGGREGATE LIABILITY OF THE CITY OF PALM COAST OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS, OR THIRD-PARTY AFFILIATES.

IN NO EVENT SHALL THE CITY OF PALM COAST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THE SITE OR FROM ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH THE SITE, EVEN IF THE CITY OF PALM COAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEBSITE.

DISCLAIMER OF ASSOCIATION WITH USER

The user acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and the City of Palm Coast as a result of this Agreement or use of the site. The user agrees not to hold himself or herself out as a representative, agent, or employee of the City of Palm Coast, and the City of Palm Coast shall not be liable for any representation, act, or omission of the user.

LINKAGE

The Official Site of the City of Palm Coast, Florida, provides links to many websites that are not controlled, maintained, or regulated by us. As such, we are not responsible for the content of those websites. User information from those websites is voluntary. Rely on that information only after undertaking an independent review of its accuracy. References at those websites to any specific commercial product process, or service by trade name, trademark, or otherwise, do not constitute or imply endorsement recommendation or favoring by the Official Site of the City of Palm Coast, Florida. When you link to another site and are subject to the privacy policy of the new site, the user assumes sole responsibility for the use of third-party links and pictures.

INDEMNITY

As a condition of use of the City of Palm Coast's website, the user agrees to indemnify the City of Palm Coast, its Council Members, officers, employees, and agents against any and all liability, expenses (including, but not limited to, attorney's fees) and damages arising out of claims resulting from user's use of the site, including without limitation any claims alleging facts that if true would constitute a breach by the user of these terms and conditions.

JURISDICTION

This Agreement is governed by the laws of the State of Florida, USA. User consents to the exclusive jurisdiction and venue of state courts in Flagler County, Florida, USA in all disputes arising out of or relating to the use of the site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

City of Palm Coast's performance of this Agreement is subject to existing laws and legal processes and nothing contained in this Agreement is in derogation of City of Palm Coast's right to comply with law enforcement requests or requirements relating to the user's use of the site or information provided to or gathered by the City of Palm Coast with respect to such use.

PROHIBITED USES

As a user of the City of Palm Coast website(s) you agree to use this service only for its lawful, intended purposes. Use of this service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the service to:

1. Provide false information or impersonate someone else;
2. Distribute computer viruses, worms, or any software intended to damage or alter a computer system;
3. Violate any applicable local, state, national or international law.

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 limitation 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.

SYSTEM AND NETWORK SECURITY

For site security purposes and to ensure that this service remains available to all users, this government computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

Data transmission over the Internet is not guaranteed to be 100% secure. While we strive to protect your personal information, the City of Palm Coast cannot ensure or warrant the security of any information transmitted to us or received from our online products or services. Once we receive a transmission, we make our best effort to ensure it is secure on our systems.

You are responsible for all charges associated with connecting to the Internet. You agree that any telephone or other communications fees and charges incurred are your sole responsibility. The access number you use may not be a local phone call (even though it may be in the same area code as your phone number) and you may be subject to long-distance fees or other charges. We advise you to check the local telephone service to verify whether your access number is a local charge and if additional communication fees may apply.

Violations of system or network security of the City and its site are prohibited and may subject you to criminal and/or civil liability. The City of Palm Coast will investigate potential security violations and may notify applicable law enforcement agencies if violations are suspected.

You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not interfere or attempt to interfere with service to any other user.

In the event of any violation of the terms contained herein, the City of Palm Coast reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided to include, but not be limited to, access to the site. Users who violate the terms contained herein may additionally incur criminal and/or civil liability. The City of Palm Coast may refer violators to civil or criminal authorities for prosecution.

CLOSING OF AGREEMENT

This Agreement constitutes the entire agreement between the user and City of Palm Coast with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and City of Palm Coast with respect to the site. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the site; 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.