Metro Communications Agency
Serving the citizens and visitors of Sioux Falls and Minnehaha County
Your access to and use of the Site is subject to the following "Terms and Conditions," which may be updated by us from time to time without notice to you, and all applicable laws. 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 Metro Communications Agency services, you will be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
1. Description of Service Metro Communications Agency currently provides users with access to a rich collection of online 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 Metro Communications Agency 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. Metro Communications Agency maintains this Site for your personal entertainment, information, education and communication. 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 in part for any purpose, without written permission from Metro Communications Agency or the owner of such content in each instance.
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 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 Metro Communications Agency has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Metro Communications Agency has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
4. 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 Metro Communications Agency or such third party that may own the materials. Metro Communications Agency 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 Metro Communications Agency.
5. Use Of Images Images of people or places displayed on the Site are either the property of, or used with permission by, Metro Communications Agency. 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. Links and Advertisers Metro Communications Agency 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 Metro Communications Agency. Your correspondence or business dealings with or participation in promotions of advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. Metro Communications Agency shall not be liable for any loss or damage of any sort incurred as the resort of any such dealings or the result of the presence of such advertisers on the Site.
8. Metro Communications Agency 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 Metro Communications Agency, are responsible for all content you upload, post, email or otherwise transmit. Metro Communications Agency does not guaranty the accuracy, integrity or quality of such content. Metro Communications Agency 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 Metro Communications Agency 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 Metro Communications Agency. Metro Communications Agency will fully cooperate with any law enforcement authorities or court order requesting or directing Metro Communications Agency to disclose the identity of anyone posting any such information or materials.
Metro Communications Agency makes no warranties or representations as to the accuracy of content on the site. Metro Communications Agency assumes no liability or responsibility for any errors or omissions in the content or operation of the Site.
10. Disclaimer of Warranties Your use of and browsing in the Site are at your risk. You understand and agree that Metro Communications Agency assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications, payments or personal settings. Please be aware that Metro Communications Agency 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. 911METRO.ORG, ANY OF ITS AFFILIATES, ADVERTISERS, ITS 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. Metro Communications Agency 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.
11. 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, 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. Metro Communications Agency does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by United States Export Laws.
12. Termination Metro Communications Agency 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 Metro Communications Agency shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
13. General Information
This constitutes the entire agreement between you and Metro Communications Agency regarding use of the Site, superseding any prior agreement between you and Metro Communications Agency. 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. Metro Communications Agency 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 Metro Communications Agency 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 Metro Communications Agency shall be governed by the laws of the State of South Dakota without regard to its conflict of law provisions. You and Metro Communications Agency agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Minnehaha, South Dakota for any disputes or matters arising out of the Site or use of the Site.
Disclaimer last updated 08-31-09