Citizens Analyzing Numbers Discover Opportunity (CAN-DO)
“Data” means any of the data that is available for download through CAN-DO.gov and includes any updates to that data. “Derivative Work” means a work that is based in any way or to any extent on the Data including without limitation any work that uses any of the Data in a modified form. “You” or “Your” refers to any individual or entity that seeks to use or possess the Data.
IV. CITY'S INTELLECTUAL PROPERTY RIGHTS NOT AFFECTED
V. ACCURACY AND CONTINUITY OF SERVICE
The City makes every effort to ensure the timeliness, and completeness of the information posted online. However, no guarantee can be provided on its web site due to circumstances that may affect the timely posting of information either because of technical or human error. The City may suspend or discontinue this service at any time without notice. The consumer assumes the risk of verifying any information and/or materials used or relied on.
VI. EXCLUSION OF WARRANTIES
A. The Data contains information and data compiled and processed by the City and/or third parties. The City makes no representation or warranty that the information contained in the Data is accurate, true or correct. In using the Data, you understand and agree that the information contained therein is subject to error, and cannot be relied upon without verification or site inspection.
B. You understand and agree that your use of the Data is at your sole risk. The Data is made available on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Should there be an error, inaccuracy, or other defect in the Data, you assume the full cost of correcting any such error, inaccuracy or defect.
VII. LIMITATION OF LIABILITY AND INDEMNITY
A. In no event shall the City be liable for any direct, indirect, incidental, consequential or special damages (including without limitation, loss of use, time or data, inconvenience, commercial loss, lost profits or savings, or the cost of computer equipment and software), to the full extent that such may be disclaimed by law, or for any claim against You by any third party. In no event shall the City be liable for any claim, including claims by third parties, for loss or damages arising from erroneous Data or information contained in the Data.
B. To the fullest extent permitted by law, You shall indemnify and save harmless the City, from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arise directly or indirectly, in whole or in part, from Your use of the Data, including without limitation Your use of the Data in a Derivative Work. In addition to Your obligation to indemnify the City, You specifically acknowledge and agree that You have an immediate and independent obligation to defend the City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to You by City and continues at all times thereafter.
VIII. ACCEPTANCE OF OTHER CONDITIONS
For certain of the Data, there may be additional terms and conditions that are stated in the file containing such Data or on the page from which such Data is accessed. You understand and agree that You are bound by such additional terms and conditions.
IX. GENERAL PROVISIONS
C. Agency Administrative Rules made effective prior to January 1, 2011 may not be completely posted on the City web site. Specific City agencies or the Office of the City Clerk should be contacted directly for further information.
X. CONSENT TO JURISDICTION AND FORUM SELECTION
The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the City and County of Honolulu, State of Hawaii. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the City and County of Honolulu, State of Hawaii shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.