I. Introduction

As a convenience to potential users, the City of Chula Vista and the Chula Vista Police Department (collectively referred to as “City”) makes a variety of datasets dashboards (“Dashboard”) available for access, review, and download from City’s Transparency Portal Dashboards. Dashboards are very useful tools when reviewing data, but the information displayed within them is only part of the facts. It is always important to avoid making assumptions or conclusions without additional discussions with the staff responsible for publishing the data.

Your use of the Dashboard is subject to these terms of use, which constitute a legal agreement between You and the City. This legal agreement is referred to as the “Terms of Use.”

II. Definitions

“City” shall mean and refer to the City of Chula Vista and the Chula Vista Police Department.

“Dashboard” shall mean and include any of the data that is available for review, access, or download through the City’s Transparency Portal Dashboards and includes any updates to that data.

“Derivative Work” shall mean a work that is based in any way or to any extent on the information or data contained on the Dashboard, including without limitation any work that uses any of the data or information in a modified form.

“You” or “Your” refers to any individual or entity that seeks to use the Dashboard.

III. Accepting the Terms of Use

A. Means of Acceptance.

In order to use any of the Dashboards, You must agree to these Terms of Use. You agree to the Terms of Use by either: (1) Clicking to accept the Terms of Use; (2) Accessing the Dashboard(s); or, (3) Downloading or using any of the Dashboard or any Derivative Work, in which case you understand and agree that the City will treat your download or use of the Dashboard or a Derivative Work as an acceptance of the Terms of Use from that point forward.

B. Authority to Accept.

You represent that you have full capacity and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or such other entity to the Terms of Use.

IV. City’s Intellectual Property Rights Not Affected

If the City claims or seeks to protect any patent, copyright, or other intellectual property rights in any information contained within the Dashboard, the website will so indicate in the file containing such data or on the page from which such data is accessed. These Terms of Use do not grant You any title or right to any patent, copyright, or other such intellectual property rights that the City or others may have in the data contained within the Dashboard.

V. Exclusion of Warranties

A. The Dashboard contains information and data compiled and processed by the City and third parties. The City makes no representation or warranty that the information contained in the Dashboard is true, accurate, or correct. In accessing and using the Dashboard, You understand and agree that the information contained therein is subject to error, inaccuracy, or defect, and shall not be relied upon without verification or site inspection.

You understand and agree that Your use of the Data is at your sole risk.

B. The Dashboard and any information contained therein, is made available on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Should there be an error, inaccuracy, or other defect in the Dashboard, You assume the full cost of correcting any such error, inaccuracy, or defect.

C. No advice or information, whether oral or written, obtained by You from the City or through or from the Dashboard will create any warranty not expressly stated in these Terms of Use.

VI. Limitation of Liability and Indemnity

A. In no event shall the City be liable for any direct, indirect, incidental, consequential or special damages (including without limitation, loss of use, time or data, inconvenience, commercial loss, lost profits or savings, or the cost of computer equipment and software), to the full extent that such may be disclaimed by law, or for any claim against You by any third party. In no event shall the City be liable for any claim, including claims by third parties, for loss or damages arising from erroneous date or information contained in the Dashboard.

B. To the fullest extent permitted by law, You shall indemnify and save harmless the City, from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arise directly or indirectly, in whole or in part, from Your use of the Dashboard, including without limitation Your use of the Dashboard in a Derivative Work. In addition to Your obligation to indemnify the City, You specifically acknowledge and agree that You have an immediate and independent obligation to defend the City from any claim which actually or potentially falls 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 You by City and continues at all times thereafter.

VII. General Provisions

A. These Terms of Use shall be governed by and interpreted under the laws of the State of California without regard to conflict of laws provisions. Any dispute arising out of these Terms of Use shall be subject to the exclusive venue of the state and federal courts within the Southern District of California, and You and the City hereby consent to the venue and jurisdiction of such courts.

B. No modification to these Terms of Use, nor any waiver of any rights, shall be effective except by an instrument in writing signed by You and the City, and the waiver of any breach or default shall not constitute a waiver of any other right hereunder or any subsequent breach or default.

C. These Terms of Use contain the entire agreement and understanding between You and the City with respect to the subject matter hereof and completely replace and supersede all prior agreements, understanding and representations. In no event will any additional terms or conditions be effective unless expressly accepted by the City in writing.

D. If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

E. The City may modify these Terms of Use by posting notice of such modifications on this page. Any modification is effective upon posting, unless otherwise indicated.

F. You agree that, if the City does not exercise or enforce any legal right or remedy contained in these Terms of Use (or that the City has the benefit of under any applicable law), this will not be taken to be a formal waiver of the City’s rights and that those rights or remedies will still be available to the City. Any waiver of any provision of these Terms of Use will be effective only if the City expressly states in a signed writing that it is waiving a specified provision.