Open Data Terms of Use and Disclaimer

Introduction

Carefully read the following City of St. Charles (hereby called "City") Terms of Use and Disclaimer before accessing this site. By using this site, you (“User”) indicate your acceptance of these Terms of Use and Disclaimer.

Ownership of Products

All information, web pages, data (including digital), programs, software, studies, reports and information obtained by and prepared for and by the City (hereafter “Data”) shall remain the property of the City.

Availability

Availability of online City Data is not guaranteed.  Applications, servers, and network connections may be unavailability at any time for maintenance or unscheduled outages.  Outages may be of long duration.  Do not create dependencies on these services for critical needs.

NO WARRANTY

THE CITY MAKES NO WARRANTY, EXPRESS OR IMPLIED, NOR ANY GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA OR INFORMATION PROVIDED.  THE CITY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES.  RECIPIENT AGREES TO HOLD HARMLESS THE CITY FOR ANY CAUSE OF ACTION AND COST ASSOCIATED WITH ANY CAUSE OR ACTION WHICH MAY ARISE AS A CONSEQUENCE OF THE CITY PROVIDING THE DATA.  UNLESS OTHERWISE STATED, THE DATA IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT WITHOUT ANY WARRANTY.  THE USER OF THE DATA ACKNOWLEDGES THAT THE DATA CONTAINS SOME NONCONFORMITIES, DEFECTS, OR ERRORS.  THERE IS NO WARRANTY THAT THE DATA WILL MEET THE EXPECTATIONS OF ANY USER’S NEEDS OR EXPECTATIONS, THAT THE USE OF THE DATA WILL BE UNINTERRUPTED, OR THAT ALL CONFORMITIES, DEFECTS, OR ERRORS CAN OR WILL BE CORRECTED.  USERS OF THIS DATA SHOULD ALWAYS VERIFY ACTUAL DATA.  THERE IS NO WARRANTY FOR THIS DATA, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN OTHERWISE STATED IN WRITING, THIS DATA IS BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS DATA IS WITH THE USER.  IN NO EVENT, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WITH THE CITY, ITS OFFICERS, AGENTS, SERGEANTS, AND EMPLOYEES, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS, BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DATA, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOOD WILL, OR FOR ANY DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS DATA (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE USER OR THIRD PARTIES OR A FAILURE OF THE DATA TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
AS IT RELATES TO THIS DATA, AND TO THE GREATEST EXTENT PERMITTED BY LAW, ALL IMMUNITIES AND PRIVILEGES PROVIDED BY ILLINOIS COMMON LAW AND/OR THE “ILLINOIS GOVERNMENTAL AND GOVERNMENTAL EMPLOYEE TORT IMMUNITY ACT” (745 ILCS 10/1-101 ET SEQ.), ARE APPLICABLE AND FULLY RESERVED BY THE CITY.

 

Indemnify; Defend; Hold Harmless

User shall indemnify, defend and hold harmless the City, its officers, agents, consultants, contractors, and employees from any and all liability claims or damages to any person or property arising from or connected with the use of the Data.

Changes

The City reserves the right, at its sole discretion, to modify or replace these Terms of Use, in whole or in part. Your continued use of or access to the Open Data Portal following posting of any changes to these Terms of Use constitutes acceptance of those modified terms.

Maintenance of Data

To assist the City in the maintenance of the Data, users should provide the City information concerning errors or discrepancies found in using the Data.  If there is an email contact address on affected web page(s), then use it.  Otherwise complete the Feedback Form.