Your access to and use of the Site 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 Site, you accept, without limitation or qualification, the following "Terms and Conditions". In addition, when using any particular Montgomery County Government 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. Please feel free to browse the Site. You may print or download material displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the Site in whole or part for any purpose, without written permission from Montgomery County Government or the owner of such content in each instance.
Terms and Conditions
1) Description of Service: Montgomery County Government 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 properties (the "Site"). You understand and agree that the Site is provided "AS IS" and that Montgomery County Government assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Site, 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. Montgomery County Government maintains this Site for your personal use, information, education, and communication.
2) Your Registration Obligations: In consideration of your use of the Site, 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. If you provide any information that is untrue, inaccurate, not current or incomplete, or Montgomery County Government has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Montgomery County Government has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
4) 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 Montgomery County Government 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. Montgomery County Government cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5) Copyright Information: You should assume that everything you see or read on the Site is copyright protected unless otherwise noted, and may not be used except as provided in these Terms and Conditions. All other use shall require the written permission of Montgomery County Government or such third party that may own the materials. Montgomery County Government neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Montgomery County Government.
6) Use Of Images: Images of people or places displayed on the Site are either the property of, or used with permission by, Montgomery County Government. 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.
7) Trademark Information: The trademarks, logos, and service marks displayed on the Site are registered and common law trademarks of Montgomery County Government and others (collectively the "Trademarks"). Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademarks without the written permission of Montgomery County Government or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Montgomery County Government will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include, without limitation, the seeking of criminal prosecution.
9) Links: Montgomery County Government has not reviewed the sites linked to the "Site" and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the recommendation, endorsement or liability of Montgomery County Government. The following "linking agreement" must be abided by to link to the site(s) of Montgomery County Government:
- May link to, but not replicate content
- Must not create a browser or border environment around content
- Must not imply that the County is endorsing it or its products
- Must not misrepresent its relationship with the County
- Must not present false information about County services
- Must not use the County Logo, Seal, or Flag
- Must not contain content that could be construed as distasteful, offensive or controversial, and should only contain content that is appropriate for all age groups
10) Montgomery County Government 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 Montgomery County Government, are responsible for all content you upload, post, email or otherwise transmit. Montgomery County Government does not guaranty the accuracy, integrity or quality of such content. Montgomery County Government is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site and assumes no responsibility or liability arising from content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, "junk mail," "spam", "chain letters," "pyramid schemes," any other form of solicitation, or software viruses. You acknowledge that Montgomery County Government does not pre-screen content posted or transmitted by others, but that it shall have the right to remove any content that violates the Terms and Conditions or is otherwise objectionable in the sole determination of Montgomery County Government. Montgomery County Government will fully cooperate with any law enforcement authorities or court order requesting or directing Montgomery County Government to disclose the identity of anyone posting any such information or materials. Legal Notice: Communications made through this Site shall in no way be deemed to constitute legal notice to Montgomery County or any of its agencies, officers, employees, agents, or representatives, with respect to any ezisting 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.
11) Disclaimer: Montgomery County government makes no warranties or representations as to the accuracy of content on the site. Montgomery County government assumes no liability or responsibility for any errors or omissions in the content or operation of the site.
12) Disclaimer of Warranties: Your use of and browsing in the site area your risk. You understand and agree that Montgomery County government assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications, payments or personal settings. Please be aware that Montgomery County government may create or has created certain areas of the site that contain adult or mature content. You must be at least 18 years old to access and view these areas.
Montgomery County government, any of its affiliates, advertisers, its executives and their directors, officers and employees, and any other party involved in creating, producing, or delivering the site 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 site 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 noninfringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Montgomery County government 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 site or your downloading of any materials, data, text, images, video, or audio from the site.
13) International Use Software and Other Materials: International Use Software and other materials from this Site 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 this Site 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. Montgomery County Government does not authorize the downloading or exportation of any software or technical data from this Site 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.
14) Modifications to Site: Montgomery County Government reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that Montgomery County Government shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
15) Termination: You agree that Montgomery County Government, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Montgomery County Government 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 Site under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Montgomery County Government 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 Site. Further, you agree that Montgomery County Government shall not be liable to you or any third-party for any termination of your access to the Site.
16) General Information: This constitutes the entire agreement between you and Montgomery County Government regarding use of the Site, superseding any prior agreement between you and Montgomery County Government. 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. Montgomery County Government 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 Montgomery County Government 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 Montgomery County Government shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Montgomery County Government agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Montgomery, Maryland for any disputes or matters arising out of the Site or use of the Site.
17) Notice - Specific to software available on the egovernment website: Any software that is made available to download from this server ("emontgomery-software") is the property of Montgomery County, Maryland and/or its suppliers. Use of the emontgomery-software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the emontgomery-software ("license agreement"). An end user will be unable to install any emontgomery-software that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms. The emontgomery-software is made available for downloading solely for use by end users according to the license agreement. Any reproduction or redistribution of the emontgomery-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 software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Montgomery County government 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.
18) Notice - Specific to documents available on the egovernment website: Permission to use documents (such as white papers, press releases, datasheets and faq's) from this server ("emontgomery-server") 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 egovernment (to-be-named) web-site or any other egovernment 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. No logo, graphic, sound or image from any egovernment (to-be-named) web-site may be copied or e-transmitted unless expressly permitted by Montgomery County, Maryland.