User Rights (Terms and Conditions)
Your access to and use of Montgomery County, Maryland (“the County”) Web Portal Sites, as defined below, is subject to all applicable laws and the following "Terms and Conditions" which may be updated by us from time to time without notice to you. In consideration of your use of the Sites, as defined below, you accept, without limitation or qualification, the following "Terms and Conditions." In addition, when using any particular County services, you will be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
Terms and Conditions
1) Description of Service
The County currently provides users with access to a rich collection of on-line resources, including, various communications, government records, online information, administrative services, personalized content, and branded programming through its network of Web Portal properties, as found at www. montgomerycountymd.gov (the "Sites"). You understand and agree that the Sites are provided "AS IS" and that the County assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Sites, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access or utilize free public access available through public libraries or other sources. In addition, you must provide or obtain access to all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. The County maintains the Sites for your personal use, information, education, and communication.
2) Your Registration Obligations
By using the Sites, you agree to: (a) Provide true, accurate, current and complete information about yourself as prompted by the Site's various forms (such information being the "Registration Data") and (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By using the Sites, you agree to provide to the County with information if requested that is true, accurate, current, and complete.
3) Account Password and Security
You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the County of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The County is not liable for any loss or damage arising from your failure to comply with this Section.
4) Copyright Information
You should assume that everything you see or read on the Sites is copyright protected unless otherwise noted, and may not be used except as provided in these Terms and Conditions. You may print or download material displayed on the Sites for non-commercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You must not, however, sell, reverse engineer, distribute, modify, transmit, reuse, re-post, use, or create derivative works based on the content of the Sites in whole or part for any purpose, without written permission from the County or any third party owner of such content in each instance. The County neither warrants nor represents that your use of materials displayed on the Sites will not infringe rights of third parties.
5) Use Of Images
Images of people or places displayed on the Sites are either the property of, or used with permission by, the County. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6) Trademark Information
The trademarks, logos, and service marks displayed on the Sites are registered and common law trademarks of the County and others (collectively the "Trademarks"). Nothing contained on the Sites should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademarks without the written permission of the County or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Sites, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the County will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include, without limitation, the seeking of criminal prosecution.
Advance permission to link to the Sites (i.e. montgomerycountymd.gov) is not necessary. However, by virtue of creating a link to www.montgomerycountymd.gov, you agree to with the following:
- You must not represent content from the Sites as originated by you or otherwise replicate the Sites’ content without the express written consent of the County;
- You must not imply that the County is endorsing it or its products;
- You must not misrepresent an entity’s relationship or a person’s relationship with the County;
- You must not represent that the County is associating itself with content displayed on the site;
- You must not present false information about County services;
- You must not use the County Logo, Seal, or Flag;
- You must use the following html code <a href="http://www.montgomerycountymd.gov"> to link to the County Home Page;
The image presented below may only be used to link to the montgomerycountymd.gov home page;
- You may also link to individual agency web sites by creating a text link to a specific Montgomery County department or agency; and
- You may not use the logo of a County agency for linking purposes.
9) County Sites User Conduct
Please understand that all information, data text, software, music, sound, photographs, graphics, video or messages or other content, whether publicly posted or privately transmitted are the sole responsibility of the person from whom the content originated. You, not the County, are responsible for all content you upload, post, email, or otherwise transmit. The County assumes no responsibility or liability arising from content or for material you provide or post to the Sites.
You are prohibited from posting to the Sites:
- Any material that does not address the posted topic of a forum discussion;
- Unlawful, threatening, libelous, defamatory, obscene, harassing, pornographic, or profane material;
- "Junk mail," "spam", "chain letters," "pyramid schemes," any other form of solicitation or advertisement for commercial products or services;
- Software viruses;
- Any material that infringes on copyrights or trademarks;
- Any material that is obscene under legal standards, or is otherwise unprotected by the First Amendment that the County deems inappropriate for the Sites.
You acknowledge that the County has the right to remove any content that violates the Terms and Conditions or is otherwise objectionable in the sole determination of the County. The County will fully cooperate with any law enforcement authorities or court order requesting or directing the County to disclose the identity of anyone posting any such information or materials.
10) Legal Notice
Communications made through the Sites shall in no way be deemed to constitute legal notice to the County or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the County or any of its agencies, officers, employees, agents, or representatives, where notice to the County is required by any federal, state or local laws, rules, or regulations.
The County makes no warranties or representations as to the accuracy of content on the Sites. The County assumes no liability or responsibility for any errors or omissions in the content or operation of the Sites.
12) Disclaimer of Warranties
Your use of and browsing in the Sites’ areas your risk. You understand and agree that the County assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications, payments or personal settings.
13) Limitation of Liability
The County, any of its affiliates, advertisers, its executives and their directors, officers and employees, and any other party involved in creating, producing, or delivering the Sites are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the Sites is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The County also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Sites or you’re downloading of any materials, data, text, images, video, or audio from the Sites.
14) International Use Software and Other Materials
International Use Software and other materials from the Sites may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Sites may be downloaded or exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The County does not authorize the downloading or exportation of any software or technical data from the Sites in violation of United States Export Laws. By downloading or using the software, you represent that you are not located in, under the control of, or a national resident of any of the countries on any of these lists.
15) Modifications to Site
The County reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that the County is not liable to you or any third party for any modification, suspension or discontinuance of the Sites.
You agree that the County, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Sites, and remove and discard any content within the Sites, for any reason, including, without limitation, for lack of use or if the County believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. You agree that any termination of your access to the Sites under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that the County may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites. Further, you agree that the County shall not be liable to you or any third-party for any termination of your access to the Sites.
17) General Information
This constitutes the entire agreement between you and the County regarding use of the Sites, superseding any prior agreement between you and the County. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. The County may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. The failure of the County to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such provision. These Terms and Conditions and the relationship between you and the County shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and the County agree to submit to the personal and exclusive jurisdiction of the state \courts located within the County of Montgomery, Maryland, and federal courts within the State of Maryland, for any disputes or matters arising out of the Sites or use of the Sites.
18) Notice - Specific to software available on County Web Portal Sites
Any software that is made available to download from the Sites is the property of the County and/or its suppliers. Use of the County software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the County software ("license agreement"). An end user will be unable to install any County software that is accompanied by or includes a license agreement, unless he or she first agrees to any applicable license agreement terms. The County software is made available for downloading solely for use by end users according to any applicable license agreement. Any reproduction or redistribution of the County software not in accordance with the license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the County software to any other server or location for further reproduction or redistribution is expressly prohibited. The County software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, the County hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
19) Notice - Specific to documents available on County Web Portal Sites
Permission to use documents (such as white papers, press releases, data sheets and frequently asked questions (FAQ’s) from the Sites is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from this server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Sites or any other County-owned, operated, licensed or controlled site. Elements of government websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.