The City of Petaluma provides the following Terms of Usage for the LumaGo application. Neither the City of Petaluma, nor any agency, officer, or employee of the City of Petaluma warrants the accuracy, reliability or timeliness of any information published on the City websites, nor does the City of Petaluma endorse any content, viewpoints, products, or services provided via external links to Non-City websites, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Any mention of vendors, products or services is for informational purposes only. Portions of information on the City of Petaluma website may be incorrect or not current. Any person or entity that relies on any information obtained from the City websites does so at his or her own risk.
The City of Petaluma is neither responsible nor liable for any viruses or other contamination of your system nor for any delays, inaccuracies, errors or omissions arising out of your use of the City websites or with respect to the material contained on the City websites, including without limitation, any material posted on the City websites. The City of Petaluma shall not be held liable for improper or incorrect use of the data or materials on the City websites. These City websites and all materials contained on them, including but not limited to software, materials and data, are distributed and transmitted “as is” without warranties of title or any kind or implied warranties of merchantability or fitness for a particular purpose.
The City of Petaluma is not responsible for claims for breach of warranty or contract and is not responsible for any damages, direct or indirect, special, incidental, consequential including, but not limited to, business interruption or loss of use, data or profits) or punitive damages that may arise from the use of, or the inability to use, the sites and/or the materials contained on the site whether the materials contained on the sites are provided by the City of Petaluma, or a third party. This disclaimer of liability applies to any damages or injury, including but not limited to, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, or destruction of data, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Communications to the City of Petaluma via these websites shall in no way be deemed to constitute legal or official notice to the City of Petaluma, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against the City of Petaluma or any of its agencies, officers, employees, representatives or agents or for any other purpose.
No Warranties related to Phone Apps
ALTHOUGH CITY OF PETALUMA MAKES EFFORTS TO PROVIDE AN ACCURATE SERVICE, THE SERVICE AND ALL PARTS THEREOF INCLUDING ANY AND ALL ADDITIONAL SERVICES OR WORK TO BE PROVIDED TO USER BY CITY OF PETALUMA PURSUANT TO A SEPARATE WRITTEN INSTRUMENT AND OTHERWISE ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. CITY OF PETALUMA AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “CITY OF PETALUMA PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SERVICE CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY CITY OF PETALUMA PARTY, AND (5) THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SERVICE IS AT USER’S OWN RISK.
CITY OF PETALUMA RESERVES THE RIGHT TO RESTRICT OR TERMINATE USER’S ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEROF AT ANY TIME. IF USER DOWNLOADS ANY CONTENT FROM THIS SERVICE, USER DOES SO AT USER’S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THIS AGREEMENT.
Limitation of Liability
USER ACKNOWLEDGES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CITY OF PETALUMA PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY USER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICE, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SERVICE, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE SERVICE. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, USER’S LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF USER’S TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF THE CITY OF PETALUMA PARTIES FOR ANY AND ALL REASONS TO ANY SUBSCRIBER OR TO ANY OTHER PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EXCEED THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID TO CITY OF PETALUMA UNDER THIS AGREEMENT BETWEEN THE RELEVANT SUBSCRIBER AND CITY OF PETALUMA DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR SUBSCRIBER OR ANY OTHER PARTY FOR DAMAGES.
UNDER NO CIRCUMSTANCES WILL ANY OF THE CITY OF PETALUMA PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE SERVICE, THIS AGREEMENT, OR USER’S USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF CITY OF PETALUMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.
CITY OF PETALUMA SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND CITY OF PETALUMA’S CONTROL, INCLUDING BUT NOT LIMITED TO, INDUSTRIAL OR EMPLOYMENT DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE SERVICE.
IF USER IS A CALIFORNIA RESIDENT, USER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
ALL OF THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY USER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.