Legal Disclaimer - City of Nehalem Website

The City of Nehalem, Oregon, provides the information and materials on this website. This website if offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the City of Nehalem website constitutes your agreement to all such terms, conditions and notices.

Your use of particular area within the City of Nehalem website may also be subject to other terms, conditions and notices outlined specifically in that area. In the event that any of the general terms, conditions and notices contained herein conflict with the specific terms, conditions or notices contained within a particular area of the City of Nehalem website, then the specific provisions of the particular area shall control over the general provisions stated herein.

By visiting the City of Nehalem website, you agree to the following:

Copyrights

Any rights not expressly granted herein are reserved. No copyrighted material may be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used except as expressly stated either in such materials or in this notice without the express written permission of the City of Nehalem.

City of Nehalem materials may be copied and distributed for personal, noncommercial, informational purposes only. Copied materials must remain intact and include the following notice in a clearly visible position: “Copyright © City of Nehalem All Rights Reserved.” This permission to copy and distribute materials does not extend to materials owned by other content providers that appear on the City of Nehalem website.

Reproduction, copying, or redistribution for commercial purposes of any materials on the City of Nehalem website is strictly prohibited without the express written permission of the City of Nehalem. If you wish to request permission to use materials in a manner otherwise prohibited herein, please send an email to dshafer@nehalem.gov or contact us via telephone at (503) 368-5627.

Trademarks

All trademarks, logos and registered trademarks referred to or reproduced in this website and servers are the property of their respective owners.

Possible Errors & Revisions

The information, materials, software, products and services (collectively “data”) included in or available through the City of Nehalem website and servers may be superseded and/or may include inaccuracies or typographical errors. Changes are periodically made to the data contained herein. The City of Nehalem may make improvements and/or changes to its website, data and servers at any time.

Disclaimer of Warranties

The City of Nehalem makes no representations about the suitability of the information contained in the data published on the City of Nehalem website and servers. All data are provided “as is” without warranty of any kind. The City of Nehalem herby disclaims all warranties and conditions of any kind, express or implied, about this information and data including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Disclaimer of Liability

In no event shall the City of Nehalem be liable for any special, indirect, incidental or consequential damages or any damages whatsoever resulting from inconvenience, or loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this website and server, even if the City of Nehalem has been advised of the possibility of such damages or losses.

Some jurisdictions do not allow limitations on how long implied warranties last, the exclusion or limitation of incidental or consequential damages or the exclusion of certain implied warranties, so that these disclaimers and limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.

City of Nehalem’s Policy on Website Links

The purpose of the City of Nehalem’s website is to provide information about the City’s government, services and attractions. The City’s website may provide links to websites outside of the City’s website that also serve this purpose. The City is not responsible for and does not endorse the information on any linked website unless the City’s website states otherwise.

The following criteria will be used to decide whether to grant requests for City website links. If a particular request does not fit any of the following criteria, the Nehalem City Council will decide whether to approve the request. The City Council will approve the requested website link if it serves the general purpose of the City’s website.

The City’s website will provide links to websites for:

Governmental and educational institutions.
Organizations with some relationship to the City (including but not limited to: Organizations contracting with or supported by the City, organizations sponsoring City activities or programs, and organizations participating in City activities or programs, and organizations participating in City activities or programs).
Non-profit organizations that serve and/or support the Nehalem-area community and to which the City commonly refers members of the public.
Organizations providing information about art, cultural and sporting activities in the City’s area.
Organizations providing information about employment opportunities in the City’s area.
Organizations providing information about tourist attractions in the City’s area.
Popular social media and networking sites, survey tools, maps and online transaction services. These links are provided as a convenience to users and does not constitute an endorsement of the providers of those sites and services nor any representation as to the quality of the services offered. Persons using these sites and services should be award of the terms and conditions of use imposed by those sites and service providers and make their own decisions regarding how and when to use them.

The City’s website will not provide links to websites for:

Candidates for local, state or federal offices.
Political organizations or other organizations advocating a position on a local, state or federal issue or candidate.
Corporate or other for-profit organizations unless they fit any of the criteria stated above.
Individual or personal home pages.

Online Translation Services

The City provides a link to a popular online translation service operated by Google. The link does not constitute an endorsement of that service provider and the City makes no representation as to the quality of the service offered nor the accuracy of any translation performed by that service. You may use any internet search function to find other translation services. You should make yourself aware of any terms and conditions of use of any online translation service.

No Unlawful or Prohibited Use

As a condition of your use of the City of Nehalem website, you warrant to the City of Nehalem that you will not use the City of Nehalem website for any purpose that is unlawful or that is prohibited by these terms of use and notices. You may not use the City of Nehalem website in any manner which could damage, disable, overburden, or impair the City of Nehalem website and servers or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the City of Nehalem website. You may not use the City of Nehalem website or servers to publish, post, distribute or disseminate any defamatory, obscene or otherwise unlawful material or information, including another’s proprietary information, including trademarks or copyrighted information, without express authorization from the rights holder.

Privacy

The City of Nehalem website, servers and computer system may be monitored for all lawful purposes, including to ensure that their use is authorized, to manage the website, server and computer system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. All information (without limitation, personal information and electronic communications) placed on or sent over this website, server or computer system may be monitored by the City of Nehalem. Such monitoring may include the interception or access of electronic communications placed on or sent over this website, server or computer system. The unauthorized use of the website, server or computer system may subject you to criminal prosecution. Use of the City of Nehalem website, server and computer system, whether authorized or unauthorized, constitutes your consent to the City of Nehalem to monitor the use of its website, server and computer system as described herein. Evidence of unauthorized use collected during such monitoring may be used for civil, criminal, administrative or other adverse action.

Please read the City of Nehalem Website Privacy Policy that addresses other privacy issues associated with the City’s website.

Information & Materials Provided to City

The City of Nehalem does not claim ownership of the information or materials you provide, post, upload, input or submit to it (including comments and suggestions) (collectively “Submissions”). However, by providing, posting, uploading, inputting or submitting your Submissions you are granting the City of Nehalem permission to use your Submissions in connection with its operations including, without limitation, the rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided herein. The City of Nehalem is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time it its sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

As a public entity, the City of Nehalem is required to maintain many documents as public records. These records are generally open to the public for inspection. You should assume that your Submissions are non-confidential and are open to public inspection.

No Professional Advice

Advice received via the City of Nehalem website and servers should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Controlling Law

This agreement shall be construed and controlled by the laws of the State of Oregon. The laws of the State of Oregon will govern any dispute arising from the terms of this agreement or a breach of this agreement. You agree to personal jurisdiction by the state and federal courts sitting in the State of Oregon.

Invalid or Unenforceable Provisions

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Modifications

The City of Nehalem may amend or modify this agreement or impose new conditions at any time upon notice from the City of Nehalem to you as published through this website. Any use of the website by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions. You are responsible for regularly reviewing these terms, conditions and notices.

If You Have Questions

If you have questions about:

The terms of use and notices provided herein,
Would like information about licensing materials from the City of Nehalem,
Have concerns about the City of Nehalem’s use of copyrighted materials in its website or its servers,
Or wish to request the express written permission of the City of Nehalem to use materials in a manner otherwise prohibited herein, then please send an email to dshafer@nehalem.gov or contact us by telephone at (503) 368-5627.