Disclosure
Statement
Communication
with the City of Vestavia Hills Through the Web Site
- Communication
with the City of Vestavia Hills through this web site shall
not constitute legal or official notice to the city or its representatives
regarding existing, pending or future claim or course of action
against the city (particularly where notice is mandated by federal,
state or local law).
- Communication
with the City of Vestavia Hills through this web site shall
not be deemed to constitute legal or official notice for any
purpose.
-
Materials and information on this site are provided as public
service and are intended to provide general information on matters
of public interest. Therefore, any information provided on this
site is not intended to serve as legal advice in any form.
- The
materials and information on this site (except for obvious third
party material) were generated, compiled and assembled at public
expense or through efforts donated to the city, and are freely
available for noncommercial, nonprofit making use, provided
the user keeps intact all associated copyright, trademark, and
other proprietary notices. The materials and information on
this site may not be "mirrored" on another server
without written permission from the City of Vestavia Hills.
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Prohibitions
- Attempts
to upload information to or change information on the City of
Vestavia Hills' web site are strictly prohibited unless specific
and written authorization is obtained from the City in advance.
This prohibition does not apply to a user's submission of information
via on-line forms and other information collection features
provided on the site.
-
Use of the seal of the City of Vestavia Hills is strictly prohibited
in connection with any merchandise, impersonation, solicitation,
or commercial activity in a manner intended to convey the impression
that such use is approved, endorsed, or authorized by the City
of Vestavia Hills.
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Jurisdiction
- These
terms shall be governed by and construed in accordance with
the laws of the State of Alabama, without giving effect to any
principles of conflict of laws. You agree that any action at
law or equity arising out of or relating to these terms shall
be filed only in the state or federal court located in Birmingham,
Alabama and you hereby consent and submit to the personal jurisdiction
of such court for the purposes of litigating any such action.
If any of these terms or provisions shall be deemed unlawful,
void, or for any reason unenforceable, then that term or provision
shall be deemed severable from the remaining terms and provisions
and shall not affect the validity and enforceability of any
remaining terms and provisions. This is the entire agreement
relating to the subject matter herein and shall not be modified
except in writing and signed by all authorized parties
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Copyright
Notice and Use of Materials
- Unless
a copyright is indicated, information on the City of Vestavia
Hills' Web Site is in the public domain and may be reproduced,
published or otherwise used with the City of Vestavia Hills'
permission. We request only that the City of Vestavia Hills
be cited as the source of the information and that any photo
credits, graphics or byline be similarly credited to the photographer,
author or City of Vestavia Hills, as appropriate.
- If
a copyright is indicated on a photo, graphic, or any other material,
permission to copy these materials must be obtained from the
original source.
- Using
or modifying this site's materials and information for commercial
or profit making purposes is prohibited and may violate the
copyrights and/or other proprietary rights of the City of Vestavia
Hills or third parties.
- The
City of Vestavia Hills respects the intellectual property of
others and we ask our users to do the same. If you believe your
work has been copied in a way that constitutes a copyright infringement,
please provide the City of Vestavia Hills' designated Agent
the following information:
1.
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest.
2.
A description of the copyrighted works that that you claim
has been infringed.
3.
A description of where the material that you claim is infringed
is located on the site.
4.
Your address, telephone number and e-mail address.
5.
A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
his/her agent, or the law.
6.
A statement by you, made under the penalty of perjury under
the laws of the State of Alabama, that the above information
in your notice to the City of Vestavia Hills is accurate and
that you are the copyright owner or authorized to act on the
copyright owner's behalf.
This
notice of claimed infringement of copyright does not constitute
a waiver of any legal Claims Presentation requirements.
- The
City of Vestavia Hills' Designated Agent for Notice of claims
of copyright infringement on its Web site is the City Attorney
who can be reached at the following address:
| Mr.
Pat Boone |
| Attorney
for the City of Vestavia Hills |
| 513
Montgomery Highway |
| Vestavia
Hills, AL 35216 |
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Third
Party Materials
- Some
materials and information used on the City of Vestavia Hills'
Web site were generated by third parties who have consented
to the City's use or placement of such materials on this site.
These materials are owned by these parties. Use of these third
party materials for any purpose is prohibited. Persons seeking
to use or modify third party materials for any purpose should
contact the owners of such materials directly. These materials
may include icons and graphics used in links to other organizations'
sites, as well as various items of general content.
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Disclaimer
of Endorsement
-
Reference in this site to any specific commercial product, process,
or service by trade name, trade mark, manufacturer or otherwise,
does not constitute or imply an endorsement, recommendation,
or favoring by the City of Vestavia Hills. The views and opinions
of the authors of documents published on the City of Vestavia
Hills' Web site does not necessarily state or reflect the opinion
of the City of Vestavia Hills, and shall not be used for advertising
or product endorsement purposes.
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Disclaimer
of Hypertext Links
- The
City of Vestavia Hills' Web site may contain hypertext links
to other sites on the Internet. The City of Vestavia Hills is
not responsible for the content, quality, accuracy, functionality,
or availability of any off-site materials referenced or linked
through the City of Vestavia Hills' Web site. By using our site,
the user acknowledges and accepts that the City of Vestavia
Hills is not responsible for any materials stored on other Internet
sites, the inclusion of pop-up advertizing by the linked site,
nor that it is liable for any inaccurate, defamatory, offensive,
or illegal materials found on other Internet sites, and that
the risk of injury from viewing, hearing, downloading, or storing
such materials rests entirely with the user.
-
Links from the City of Vestavia Hills' Web site to other sites
on the Internet do not constitute an endorsement by the City
of Vestavia Hills. These links are provided for informational
purposes only. It is the responsibility of the user to evaluate
the content, quality, and accuracy of materials and information
obtained from other sites
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Disclaimer
of Liability
- THE
CITY OF VESTAVIA HILLS SHALL NOT BE HELD LIABLE FOR ANY IMPROPER
OR INCORRECT USE OF THE MATERIALS OR INFORMATION CONTAINED ON
THIS SITE AND ASSUMES NO RESPONSIBILITY FOR ANY USER'S USE OF
THEM. IN NO EVENT SHALL THE CITY OF VESTAVIA HILLS BE LIABLE
FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, BUSINESS
INTERRUPTION OR LOSS OF USE, DATA, OR PROFITS) REGARDLESS OF
CAUSE, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SITE OR THE MATERIALS
AND INFORMATION CONTAINED ON THIS SITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THIS DISCLAIMER OF LIABILITY APPLIES
TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT, OR DESTRUCTION OF DATA, WHETHER FOR BREACH
OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION.
- Users
are encouraged to consult with appropriate and accredited professional
advisors for advice concerning specific matters before making
any decisions, and the City of Vestavia Hills disclaims any
responsibility for positions taken by individuals or corporations
in their individual cases or for misunderstanding and losses,
directly or indirectly, on part of the users.
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Disclaimer
of Warranties Concerning Accuracy and Use of Information
-
THE
MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE CITY
OF VESTAVIA HILLS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND TITLE TO ANY OF THE MATERIALS
PROVIDED ON THIS SITE. THE CITY OF VESTAVIA HILLS DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT HOSTS THE SITE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CITY OF VESTAVIA
HILLS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULT OF THE USE OF THE MATERIALS IN THIS
SITE, OR THROUGH LINKS TO OTHER SITES, IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. USER (AND NOT THE CITY
OF VESTAVIA HILLS) ASSUMES THE ENTIRE COST OF ALL-NECESSARY
SERVICING, REPAIR, OR CORRECTION.
CHANGES
ARE MADE PERIODICALLY TO MANY CITY DOCUMENTS, INCLUDING MUNICIPAL
CODES, CHARTER SECTIONS, REGULATIONS, GUIDELINES, SCHEDULES,
AGENDA ITEMS, RECORDED MINUTES AND OTHER INFORMATION. THESE
CHANGES MAY OR MAY NOT BE REFLECTED IN THE MATERIALS OR INFORMATION
PRESENT ON THE CITY OF VESTAVIA HILLS' WEB SITE. ADDITIONALLY,
BECAUSE THE SITE IS FREQUENTLY UNDER DEVELOPMENT, MATERIALS
AND INFORMATION MAY BE DELETED, MODIFIED OR MOVED TO A DIFFERENT
PART OF THE SITE WITHOUT ADVANCE NOTICE
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Exception
to Disclaimers, if Applicable
-
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
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Indemnification
- To
the extent permitted by applicable law, by using the City of
Vestavia Hills' Web site, the user agrees to defend, indemnify,
and hold harmless, the City of Vestavia Hills, its agencies,
officers, employees, representatives, and agents from and against
all claims and expenses, including attorney's fees, arising
out of the user's use of this site or materials and information
contained on this site.
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IF
YOU DO NOT AGREE TO OR UNDERSTAND ANY OR ALL OF THESE TERMS, PLEASE
DO NOT USE THESE WEB PAGES.
With
permission, this Disclosure Statement was developed using the City of
San Diego, Ca. Disclosure Statement as a guide.
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