TERMS OF USE

Introduction

Please note that by accessing the datasets, you agree to be bound by these Terms of Use, which are intended to protect and promote the City of Newport Beach’s ("City") commitments to open data and ensure that the recipients of these datasets give back to the community the benefits they derive from these datasets.

Your Open License to the Datasets

The City grants you a world-wide, royalty free, non-exclusive license to use, modify, and distribute the datasets for any lawful purpose. This license does not give you a copyright or other proprietary interest in the datasets. The City may, at any time, without notice, add, delete, or change the datasets or these Terms of Use. The City may, in its sole discretion, cancel or suspend your access to the datasets without notice and for any reason, including anything which the City, in its sole discretion, believes is a breach of these Terms of Use.

Giving City Credit

Although you are not required to credit the City for each use or reproduction of the datasets, you are encouraged to conspicuously announce that these datasets are publicly available from the City under these Terms of Use. However, you may not insinuate or otherwise advertise that you are an agent of, or in partnership with, the City. You also may not use the City’s logo or other copyrighted material, without the express written consent of the City. Upon the request of the City, you may be required to remove a credit from future uses or reproductions should the City decide that such credit is not in the public interest.

Disclaimer of Warranty

You acknowledge that the datasets may contain some nonconformities, defects, or errors. The City does not warrant that the datasets will meet your needs or expectations, that the use of the datasets will be uninterrupted, or that all nonconformities, defects, or errors can or will be corrected. The City is not inviting reliance on these datasets, and you should always verify actual data.

THE DATASETS AND ANY RELATED MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, OR NONINFRINGEMENT. THE ENTIRE RISK OF USE OF THE DATASETS SHALL BE WITH YOU THE USER.

Compliance with Law

You assume sole responsibility for your use and reproduction of the datasets and are required to comply with all applicable laws and industry standards.

Limitation of Liability

IN NO EVENT SHALL THE CITY BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS OF USE OR USE OF THE DATASETS AND ANY RELATED MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY.

Indemnity

By your use of the datasets you agree to defend, indemnify, and hold harmless the City, its elected and appointed officials, employees, agents, and volunteers from any and all liabilities incurred in connection with your use of the datasets and any claim arising from any breach by you or persons under your control or direction of the Terms of Use, including reasonable legal fees and costs. The laws of the State of California shall apply to any action arising from your use of the datasets or under the terms of these Terms of Use, with venue in Orange County.