Disclosure Policy


Web site Purpose

The City of Concord maintains four Web sites. They are www.ci.concord.ca.us or www.cityofconcord.org, www.concordfirst.org, and www.concordreg.org. For the purpose of this disclosure policy, the Web sites shall be collectively referred to as the City of Concord's Web site or Web sites unless the context suggests otherwise.

The City of Concord's Web site replicates, in an electronic manner, many of the services offered by City Staff and Officials. The City's Web site informs its staff and the general public about City and non-City oriented programs, services, activities and events that support the City's and Web site's policies and purposes.


Web site Hyperlink Purpose

The City of Concord links to Web sites to support the purposes and policies of the City's Web site, departments and divisions.


Disclaimer

  1. The City of Concord does not warrant or make any representations as to the quality, content, accuracy, or completeness of the information, text graphics, hyperlinks and other items contained on this sever or any other server. Such materials have been compiled from a variety of sources, and are subject to change without notice from the City of Concord.
  2. Communications made through this site's email and messaging systems shall in no way be deemed to constitute legal notice to the City of Concord or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claims or cause of action against the City or any of its agencies, employees, agents, or representatives, where notice to the City is required by any federal, state or local laws, rules, or regulations.

Hyperlinks Disclaimer

The City of Concord's Web site contains hyperlinks to other sites. The City is not responsible for the privacy practices or the content of such sites or cumulative sites linked therein. Displayed hyperlinks may not be totally inclusive and may change without prior notice.


Social Media Policy

"Social media" and "Web 2.0" are terms used interchangeably to refer to activities that integrate technology, social interaction and content creation. Examples of social media sites include Facebook, MySpace, YouTube, Twitter, LinkedIn and Flicker. The City encourages the use of social media in accordance with its Social Media Policy to further the goals of the City and the missions of its departments.


Hyperlinks Policy

Through its agents, the City may include hyperlinks to any site that, in the City's determination, meets and/or provides resources which cultivate the goals and purpose as stated in the City Web site purpose and policy statements. Hyperlinks are also subject to the following criteria:

  1. A governmental resources hyperlink will only be considered if it is to an official government (e.g., federal, state, or local) site. The City agent seeking a hyperlink must substantiate that the site is an official government site, to the City's satisfaction, through email or equivalent communications with the official Web site manager.
  2. Official government-funded agencies, boards or entities will be considered for a hyperlink. The City agent seeking a hyperlink must substantiate that the site is an official government site, to the City's satisfaction, through email communications or equivalent communications with the official Web site manager.
  3. If the sought hyperlink is to a type of site other than in (1) - (2) above, the link must satisfy one of the following criteria to be considered:
    1. If the hyperlink is to a vendor that provides users of the City's Web site with technology reasonably necessary to use the Web site, the hyperlink must be to the official site of the entity(ies) providing the technology;
    2. If the hyperlink is to promote public awareness of an event within the City of Concord, the hyperlink must be to the official site of the entity(ies) promoting the event;
    3. If the hyperlink is to be from a City of Concord Web site page promoting public awareness of an event co-sponsored by the City of Concord, and the purpose of the hyperlink is to acknowledge the other co-sponsor(s), the hyperlink must be to the official site of the co-sponsor(s);
    4. If the hyperlink is to be on a City of Concord Web site page from a site maintained or created by a non-City entity under contract or partnership with the City of Concord, the hyperlink must be to the official site of that entity.
  4. Hyperlinks will not be considered if the exhibition of the content within the browser would also exhibit one or more of the following categories:
    1. content which a reasonable Concord City resident would find graphically depicts or describes violence, or nudity and/or sexual activities in a way designed to evoke prurient interest;
    2. content which facilitates or incites crime;
    3. a hyperlink that directly links to other content that when perceived within a browser is in violation of (a) or (b) above;
    4. threaded discussion groups, chat rooms, bulletin boards, and other largely unedited content created by individuals who are not owners, operators, or agents of a City of Concord Web site;
    5. content which supports candidates for office, political parties, referenda, and items pending before legislative bodies;
    6. sites containing information that violates any of the City's equal opportunity policies.
  5. Sites that have been approved and linked to the City's Web site, but subsequently demonstrate any of the above categories of content, may be unlinked from the City's Web site at any time without notice.
  6. The City's Web site manager shall determine the location of hyperlinks on City of Concord Web sites and this authority shall extend to all pages within the site.

Hyperlink Review Procedure

A proper hyperlink, as defined in the hyperlink policy and purpose section of this site, that is submitted to the manager of the site will be reviewed in light of the site's adopted criteria. A notification will be sent, if necessary, to the link sponsor when a decision is made in the affirmative. The City's Web site manager and/or City staff will make the final determination on hyperlinks to the City's Web site.


City Web site Miscellaneous Items

  • Clarifications and suggestions of the site's content should be directed to the City's Web site manager.
  • Sites that are linked to a City of Concord Web site are subject to periodic review to confirm that the hyperlink meets hyperlink policy and purpose criteria.

The City is neither responsible nor liable for any viruses or other contamination of your system, nor for any delays, inaccuracies, errors or omissions arising out of your use of the site or with respect to the material contained on the site, including without limitation, any material posted on the site. This site and all materials contained on it are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The City is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the site and/or the materials contained on the site whether the materials contained on the site are provided by the City, or a third party.


Copyright Notice

Unless a copyright is indicated, information on the City of Concord Web site is in the public domain and may be reproduced, published or otherwise used with the City of Concord's permission. We request only that the City of Concord 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 Concord, 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 Concord or third parties

The City of Concord respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the City of Concord's 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 work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under the penalty of perjury under the laws of the State of California, that the above information in your Notice to the City of Concord 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 the requirements of California Government Code section 905, 910, 911.2 and 915 et seq. (Claims Presentation requirements).

The City of Concord's Designated Agent for Notice of claims of copyright infringement on its Web site is Mark T. Boehme who can be reached as follows:

By mail:
Mark Coon, City Attorney
City of Concord
1950 Parkside Drive
Concord, CA 94519
By email: mark.coon@cityofconcord.org

This copyright notice does not pertain to information at Web sites other than the City of Concord Web site.

The City of Concord's Web site Manager is Leslye Asera who can be reached as follows:

By mail:
Leslye Asera, Community Relations Manager
City of Concord
1950 Parkside Dr.
Concord, CA 94519
By phone: (925) 671-3272
By email: leslye.asera@cityofconcord.org


DISCLAIMER OF LIABILITY

THE CITY OF CONCORD SHALL NOT BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF THE MATERIALS OR INFORMATION CONTAINED ON THIS WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY USER'S USE OF THEM. IN NO EVENT SHALL THE CITY OF CONCORD 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 WEBSITE OR THE MATERIALS AND INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED 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 decision, and the City of Concord disclaims any responsibility for positions taken by individuals or corporations in their individual cases or for any misunderstanding and losses, directly or indirectly, on the part of the users.


DISCLAIMER OF WARRANTIES / ACCURACY AND USE OF INFORMATION

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE TO APPLICABLE LAW, THE CITY OF CONCORD 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 WEBSITE. CITY OF CONCORD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CITY OF CONCORD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE, OR THROUGH LINKS TO OTHER WEBSITES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. USER (AND NOT THE CITY OF CONCORD) 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, AND SCHEDULES, AND THESE CHANGES MAY OR MAY NOT BE REFLECTED IN THE MATERIALS OR INFORMATION PRESENT ON THE CITY OF CONCORD'S WEBSITE. 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.


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 APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Indemnification

To the extent permitted by applicable law, by using the City of Concord's Web site, the user agrees to defend, indemnify, and hold harmless, the City of Concord, its agencies, officers, employees, representatives, and agents from and against all claims and expenses, including attorneys' fees, arising out of the user's use of this Web site or materials and information contained on this site.


Choice of Law

Construction of the disclaimers contained in this Web site and resolution of disputes concerning these disclaimers are governed by the laws of the State of California.

IF YOU DO NOT AGREE TO OR UNDERSTAND ANY OR ALL OF THESE TERMS, DO NOT USE THESE WEB PAGES.

 
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