Disclaimer
At certain places on the City of Mesa Web site, live "links" to
other Internet addresses can be accessed. Such external
Internet addresses contain information created, published,
maintained, or otherwise posted by institutions, organizations
or businesses independent of the City of Mesa and are only to
provide convenient access to additional information for viewers
of the Web site who wish to obtain such information. The
City of Mesa does not endorse, approve, certify or control these
external Internet addresses and does not guarantee the accuracy,
completeness, efficacy, timeliness or correct sequencing of
information located as such addresses. Use of any
information obtained from such addresses is voluntary, and
reliance on it should only be undertaken after an independent
review of its accuracy, completeness, efficacy, and timelines.
Reference therein to any specific commercial product, process,
or service by trade name, trademark, service mark, manufacturer,
or otherwise does not constitute or imply endorsement,
recommendation or favoring by the City of Mesa.
Library Link Disclaimer
The City of Mesa Library's Web site is an informational tool for
our citizens. The City of Mesa Library's purpose is to offer a
variety of information sources on a great variety of topics via
our print and electronic collections, including external Web
sites linked off the City of Mesa Library's Web site. As
citizens come into libraries to research information on
sensitive and even controversial topics, they may also use
library Web sites for the same purpose. External Web sites
linked on the City of Mesa Library's Web site may contain
content that some citizens may consider inappropriate or
controversial.
The City of Mesa Library does not advocate the opinions
expressed on these Web sites, nor is it responsible for the
completeness and timeliness of content nor the ability to access
these sites. Web sites change content, focus and URLs at the
discretion of independent site owners, and it is not the
responsibility of the City of Mesa Library to monitor sites for
these changes. Use of any of the information in these Web sites
is voluntary on the part of the individual accessing them.
The City of Mesa Library links to sites at its discretion. No
entity is entitled to a link on the City of Mesa Library's Web
site. The City of Mesa Library is not required to provide an
explanation of inclusion or omission of Web sites to any entity.
External Web sites are reviewed by subject specialists in their
areas of expertise. The library includes external Web sites that
compliment the City of Mesa Library's print and electronic
collection as set forth in its Material Selection Policy.
City Maps (static and interactive)
The maps the city of Mesa is providing are for public
informational purposes. The city of Mesa does not
guarantee and expressly disclaims any responsibility for the
content, validity, timeliness and accuracy of the data and
information depicted. The city of Mesa explicitly
disclaims any and all representations and warranties of any and
all kind, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a
particular purpose.
User expressly agrees that any use of the data and information
is at the user's sole risk and User expressly accepts full
responsibility and liability for the user's use or transmission
of any such data or information in its actual or altered form
and any decisions made or action taken in reliance upon any
information or data hereunder.
The data provided is the property of the city of Mesa and is not
to be distributed in any form nor used in any manner not
explicitly authorized by the city of Mesa in writing.
Software Translations
The City does not guarantee the accuracy of the
translation tool provided. The tools are provided as a convenience for
users when human translation is not available.
Web Site Maintenance
Due to required routine maintenance, certain e-service features
will be unavailable from 10 p.m.-1 a.m. every Sunday. We
apologize for any inconvenience.
No Warranties related to Phone Apps
ALTHOUGH CITY OF MESA MAKES EFFORTS TO PROVIDE AN ACCURATE
SERVICE, THE SERVICE AND ALL PARTS THEREOF INCLUDING ANY AND ALL
ADDITIONAL SERVICES OR WORK TO BE PROVIDED TO USER BY CITY OF
MESA PURSUANT TO A SEPARATE WRITTEN INSTRUMENT AND OTHERWISE ARE
PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". CITY OF
MESA AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY,
THE "CITY OF MESA PARTIES") DISCLAIM ANY AND ALL
REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1)
AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM
INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO
ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR
COMPLETENESS OF THE SERVICE, (3) THOSE ARISING THROUGH COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE
SERVICE CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY
ANY CITY OF MESA PARTY, AND (5) THAT ACCESS TO OR USE OF THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPLETELY
SECURE. ANY RELIANCE UPON THE SERVICE IS AT USER’S OWN RISK.
CITY OF MESA RESERVES THE
RIGHT TO RESTRICT OR TERMINATE USER’S ACCESS TO THE SERVICE OR
ANY FEATURE OR PART THEROF AT ANY TIME. IF USER DOWNLOADS ANY
CONTENT FROM THIS SERVICE, USER DOES SO AT USER’S OWN DISCRETION
AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH CONTENT.
THESE
DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THIS AGREEMENT.
Limitation of Liability
USER
ACKNOWLEDGES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
CITY OF MESA PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST
OR DAMAGE SUFFERED OR INCURRED BY USER OR ANY THIRD PARTY
ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS
IN THE SERVICE, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN
THE INFORMATION CONTAINED IN THE SERVICE, REGARDLESS OF HOW SUCH
FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS
ARISE, OR FOR ANY UNAUTHORIZED USE OF THE SERVICE. THESE
LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, USER’S LOSS OF
PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF
USER’S TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE
LOSSES.
NOTWITHSTANDING ANY
PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE
MAXIMUM AGGREGATE LIABILITY OF THE CITY OF MESA PARTIES FOR ANY
AND ALL REASONS TO ANY SUBSCRIBER OR TO ANY OTHER PARTY FOR
DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION
WITH THE SERVICE, EXCEED THE TOTAL AMOUNT OF SERVICE FEES
ACTUALLY PAID TO CITY OF MESA UNDER THIS AGREEMENT BETWEEN THE
RELEVANT SUBSCRIBER AND CITY OF MESA DURING THE TWELVE MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE,
REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS
AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR SUBSCRIBER OR
ANY OTHER PARTY FOR DAMAGES.
UNDER NO CIRCUMSTANCES
WILL ANY OF THE CITY OF MESA PARTIES BE HELD LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR ANY OTHER DAMAGES, INCLUDING LOST PROFITS, ARISING
OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE
SERVICE, THIS AGREEMENT, OR USER’S USE OR INABILITY TO USE ANY
OF THE FOREGOING, EVEN IF CITY OF MESA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES
IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND
SURVIVES IN THE EVENT SUCH REMEDY FAILS.
CITY OF MESA SHALL HAVE
NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO
PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE
PERFORMANCE THEREOF DUE TO CAUSES BEYOND CITY OF MESA'S CONTROL,
INCLUDING BUT NOT LIMITED TO, INDUSTRIAL OR EMPLOYMENT DISPUTES,
ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, ACTS OF
GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR
CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF
TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF
STORING OR TRANSMITTING THE SERVICE.
IF USER IS A CALIFORNIA
RESIDENT, USER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH
SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
ALL OF THESE LIMITATIONS
APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE
TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE,
AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION
ARISING OUT OF OR PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY
USER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS
ARISEN.