Consumer Wiki:General disclaimer
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Latest revision as of 21:17, 1 September 2010
Welcome to the Department of Consumer Affairs' Home Page. All access to, and any use of, the Department of Consumer Affairs' Home Page and any Web page or Internet site established by any of the Department's boards, bureaus, programs or divisions, is governed by the following disclaimers and limits on use.
Disclaimer of Liability
Neither the California Department of Consumer Affairs, the Department of Consumer Affairs' Home Page nor its contributors shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall the Department of Consumer Affairs, the Department of Consumer Affairs' Home Page or its contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to: procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract, tortious behavior, negligence or any other cause of action, including but not limited to damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, and/or theft, destruction or unauthorized access to, alteration of, or use of any record.
User agrees to defend, indemnify, and hold harmless, the Department of Consumer Affairs, the Department of Consumer Affairs' Home Page, its contributors, any entity jointly created by them, their respective affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the on-line service by user or user's account.
Disclaimer of Warranties/Accuracy and Use of Data/Computer Viruses
Although the data found using the Department of Consumer Affairs' Home Page access systems have been produced and processed from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. The Department of Consumer Affairs and the Department of Consumer Affairs' Home Page provide this information on an "AS IS" basis. All warranties of any kind, express or implied, including but not limited to the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, freedom from contamination by computer viruses and non-infringement of proprietary rights ARE DISCLAIMED. Changes may be periodically added to the information herein; these changes may or may not be incorporated in any new version of the publication. If the user has obtained information from The Department of Consumer Affairs' Home Page from a source other than The Department of Consumer Affairs' Home Page, the user must be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that the user pay careful attention to the contents of any metadata associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If the user finds any errors or omissions, we encourage the user to report them to the Department of Consumer Affairs' Home Page mailto:firstname.lastname@example.org Webmaster.
Disclaimer of Endorsement
The Department of Consumer Affairs and the Department of Consumer Affairs' Home Page are distributors of content sometimes supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Department of Consumer Affairs.
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the Department of Consumer Affairs or the Department of Consumer Affairs' Home Page, and such reference shall not be used for advertising or product endorsement purposes.
Disclaimer for Hypertext Links
Neither the Department of Consumer Affairs, the Department of Consumer Affairs' Home Page nor its contributors is responsible for the contents of any off-site pages that reference, or that are referenced by, the Department of Consumer Affairs' Home Page. The user specifically acknowledges that neither the Department of Consumer Affairs, the Department of Consumer Affairs' Home Page nor its contributors is liable for any defamatory, offensive, misleading or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user.
Links from the Department of Consumer Affairs' Home Page on the World Wide Web to other sites, or from other sites to the Department of Consumer Affairs' Home Page, do not constitute an endorsement by the Department of Consumer Affairs or the Department of Consumer Affairs' Home Page. These links are for convenience only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites.
Disclaimer of Duty to Continue Provision of the Data
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restrict access the next, and the location of items may change as menus, homepages, and files are reorganized. User expressly agrees that use of The Department of Consumer Affairs' Home Page is at the user's sole risk. Neither the Department of Consumer Affairs, the Department of Consumer Affairs' Home Page, any entity jointly created by them, any of their affiliates, or any of their respective directors, officers, employees, agents, third party content providers or licensers warrants that the service will be uninterrupted or error free.
Choice of Law
Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of California.
Copying of Documents
The Department of Consumer Affairs authorizes the user to copy, for non-commercial use only, documents published by the Department of Consumer Affairs on the World Wide Web. In consideration of this authorization, the user agrees that any copy of these documents which the user makes shall retain all copyright and other proprietary notices that may be contained therein.
Each individual document published by the Department of Consumer Affairs on the World Wide Web may contain other proprietary notices and copyright information relating to that individual document. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent or trademark of the Department of Consumer Affairs or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Department of Consumer Affairs copyright.
Although the Department of Consumer Affairs strives for accuracy in its publications, any publication may contain inaccuracies or typographical errors. Changes, corrections and improvements may be made periodically to these publications, and will be incorporated in new versions of these publications. The Department of Consumer Affairs may make changes, corrections and/or improvements in its publications, and/or the products, programs or services described in those publications, at any time without notice.
This computing system is operated by the State of California and is for official use only. Unauthorized access, unauthorized attempted access, or unauthorized use of any State computing system is a violation of Section 502 of the California Penal Code and/or applicable federal law, and may be subject to prosecution.
Individuals using this computing system without authority, or in excess of their authority, are subject to having their activities on this system monitored and recorded by system personnel. All http and ftp accesses are logged. In the course of such monitoring, or in the course of system maintenance or trouble shooting, the activities of authorized users also may be monitored.
Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, further legal action may be taken.