League of California Cities®
Effective Date: July 1, 2013
Last Revised: July 1, 2013
Thank you for visiting the League of California Cities® (“League”) website (“Site”). Please carefully read the following terms and conditions of use (“Terms”) for the Site. The Terms apply to your access to and use of the Site, located at www.cacities.org and operated by the League, including use of any League mobile, social media or other application associated with the Site. All content, products, services, information and resources provided within the Site, or through any mobile, social media or other application associated with the Site, may be used only under the Terms as hereby agreed between you and the League, a California mutual benefit corporation with its principal place of business located at 1400 K Street, Sacramento, CA 95814.
BY ACCESSING OR USING THIS SITE, INCLUDING ANY MOBILE,SOCIAL MEDIA OR OTHER APPLICATION ASSOCIATED WITH THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THIS SITE AND THE RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY STOP USING THIS SITE, MOBILE APPLICATION, SOCIAL MEDIA APPLICATION, OR ANY OTHER APPLICATION ASSOCIATED WITH THE SITE.
The League reserves the right to change, modify, or amend these Terms at any time. Any change, modification, or amendment will be posted on the Site and noted in these Terms. You are responsible for regularly reviewing these Terms, and any change, modification, or amendment will be effective immediately upon the League’s posting of the revisions on the Site. You hereby waive any right you may have to receive specific notice of such changes, modifications, or amendments.
You agree that each visit you make to the Site will be subject to the then-current Terms. Your continued use of the Site following the posting of changes, modifications, or amendments will confirm your acceptance of such changes, modifications, or amendments.
All questions or comments about the Site or Site content should be directed to the League at (916) 658-8200.
, which is incorporated by reference and made a part of these Terms.
The Terms below describe actions relating to the content and operation of the Site which the League considers to be inappropriate and prohibited. Failure to abide by these rules is grounds for restricting your access to the Site in the League’s sole discretion, including completely prohibiting your access. The League’s right to remove inappropriate content under these Terms does not place an obligation on the League to monitor or exert editorial control over the Site.
You agree that you will abide by all applicable local, state, national and international laws and regulations concerning your use of the Site and its content. You will not interfere with the use and enjoyment of the Site or its content by other users or with the League’s operation and management of the Site and its content.
You will at all times provide true, accurate, current, authorized, and complete information when submitting information or materials on or through the Site. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the League reserves the right to terminate your access to and use of the Site and its contents. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site or its contents, or defame or otherwise harm any party, including the League, through your use of the Site or its content.
Actions which the League considers inappropriate, and will serve as grounds for the removal of offending material or termination of your access to the Site, include but are not limited to the following:
Using the Site to send any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
Using the Site to send any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;
Using the Site to send any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
Using the Site in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or
Introducing viruses, worms, Trojan horses, or other harmful code on the Site, the Internet or any other user or recipient’s computer or application.
The examples identified above are provided only for your guidance. If you are unsure whether any contemplated use or action is permitted, contact the League. Although the League has no obligation to do so, it reserves the right and has absolute and sole discretion to remove, screen, or edit any user content sent through the Site at any time, for any reason and without notice.
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site and content for your informational, non-commercial and personal-use only, conditioned on your continued acceptance of and compliance with these Terms. You may print Site content for your own use, but may not further publish or distribute copies without advance written permission from the League.
Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site materials therein; (b) the reproduction, distribution, public performance or public display of any Site materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Site and its contents, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or its contents, except as expressly permitted on the Site; or (f) any use of the Site or Site materials other than for their intended purpose.
Any use of the Site or Site materials other than as specifically authorized herein, without the prior written permission of the League, is strictly prohibited and will terminate the license granted herein. This license is revocable at any time in the League’s sole discretion.
The content provided on the Site is the property of the League, its licensors, sponsors, partners, advertisers, content providers, or other third parties and is protected by law, including but not limited to the laws of the State of California, the laws of the United States, and any other state, national, or international laws, treaties, and regulations.
The Site content may not be copied, imitated or used, in whole or in part, without the prior written permission of the League, or the applicable holder of any proprietary right. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of the League and may not be copied, imitated or used, in whole or in part, without the League’s advance written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the League.
Unauthorized use of the materials contained on this Site is strictly prohibited and is a violation of the rights of the League and/or third parties. The League will aggressively enforce its intellectual property rights to the full extent of the law.
Third Party Content, Products, and Services
We may make third party information available on or through the Site through content, links, or products as a service to those interested in this information. The League provides this information to you only as a convenience, and the inclusion of such information does not imply affiliation, endorsement, or adoption by the League of any content or any information contained therein. Your business dealing or correspondence with third parties and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. You acknowledge and agree that the League is not responsible or liable in any manner for any third party content. Your use of such third party content is at your own risk.
When you leave the Site, be aware that the Terms no longer govern. You should review the applicable terms, policies, privacy and data gathering practices of any other website to which you navigate. It is up to you to take precautions to ensure that whatever you use or download is free of viruses, worms, Trojan horses, or other items of a destructive nature.
No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you hereby warrant to the League that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms.
By submitting your name and email to respond or subscribe to one of the League’s various email communications, you agree to the League’s use of that information to deliver its communications to you. If you wish to discontinue receiving such communications please find the “unsubscribe” link at the bottom of such communications for directions on discontinuing the communications, or contact the League at (916) 658-8200.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site, its contents, or the League that are provided by you in the form of email or other submissions to the League are non-confidential and shall become the sole property of the League. The League shall own exclusive rights to such information and materials, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the information and materials for any purpose without consent from, acknowledgment of, or compensation to you.
You agree, to the fullest extent permitted by law, that you will defend, indemnify and hold harmless the League, including its respective directors, officers, employees, agents, volunteers, and affiliates, as well as the League’s independent contractors, service providers and consultants, including their respective directors, officers, employees and agents, from and against all claims, damages, costs, liabilities, and expenses arising out of or related to violation of these Terms by you, or related to any other action or omission connected with your use of the Site and/or its content, including your use of any League mobile, social media or other application associated with the Site. Your indemnification obligations under these Terms, include, without limitation, sole responsibility for any liability or expense, loss, damage (actual and consequential), cost or attorney’s fee arising from any lawsuits (actual or threatened), demands, claims, judgments, or litigation arising out of or related to violation of these Terms by you, or related to any other action or omission connected with your use of the Site and/or its content, including your use of any League mobile, social media or other application associated with the Site.
All data, software, and documentation on the Site are provided “as is” without warranty of any kind, either expressed or implied.
THE LEAGUE DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ITS CONTENT, INCLUDING AS TO ACCURACY OR RELIABILITY OF INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THIS SITE, AND INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE LEAGUE DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
THE LEAGUE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE THE LEAGUE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, THE LEAGUE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
THE LEAGUE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZED BY OTHER USERS OF THE SITE.
League content provided by the Site is for informational purposes only and is not intended as legal advice, nor as a substitute for the legal advice of an attorney. The transmission of an e-mail request for information does not create an attorney-client relationship. The League does not provide legal advice and nothing in these Terms or on the Site should be construed as legal advice. You should contact your own legal counsel if you have a question regarding your legal rights or any other legal issue while using this Site.
Limitation of Liability
By using this Site you understand and agree that your use of the Site and its contents, including any League mobile, social media or other application associated with the Site, is at your own risk. You further agree that, to the fullest extent of the law, none of the parties involved in creating, producing, hosting or delivering this Site and its services, including the League, its directors, officers, employees, agents, volunteers, affiliates, independent contractors, consultants or licensors, will be liable under any legal theory (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, or any other damages, including without limitation any costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly through your access to, use of, or browsing of this Site, including anything caused by viruses, bugs, human action or inaction, or any computer system, phone line, hardware, software, program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections.
You specifically acknowledge and agree that the League is not liable or responsible for your defamatory, offensive, infringing or illegal materials, information or conduct, or that of third parties you may encounter, and the League reserves the right to remove any such materials or information from the Site without liability.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES, IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Choice of Law and Venue
These Terms are entered into in the State of California and shall be governed by and construed according to the laws of the State of California,
exclusive of its choice of law rules. Each party to these Terms submits that any action at law or in equity arising out of the Terms is subject to the exclusive jurisdiction of the state and federal courts sitting in the County of Sacramento, California, and hereby waives any jurisdictional, venue, or inconvenient forum objections to such courts over any suit, action, or proceeding arising out of the Terms. In any action to enforce these Terms, the prevailing party will be entitled to its costs and attorney's fees.
Term and Termination
These Terms take effect at the beginning of each visit to the Site. The League reserves the right, with or without notice, at any time and for any or no reason, to deny you access to the Site or any portion thereof, and may take such action in its sole discretion to terminate your license to use the Site or to block or prevent future access to and use of the Site.
Waiver and Severability
The failure of the League to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.