The City of Bakersfield, herein “City” does not warrant or make representations or endorsements as to the quality, content, accuracy, or completeness of the information, text, graphics, links and other items contained on this website or any other website. Such materials have been compiled from a variety of sources, and are subject to change without notice from City. Certain materials contained herein may be entitled to copyright, service mark or trademark protection under state and federal law. Such materials remain the property of their respective owners, and the unauthorized use or republication of those materials may be subject to a legal action for infringement. Except to the extent allowed by law, the use or republication of the materials contained on this website is prohibited without the written permission of City.
Our Mobile web applications may not be used while violating Federal, State, or local laws, such as while driving a vehicle, and should only be used within the bounds of common sense. Do not place yourself in danger by stopping or standing in the street in order to use this application or by using it while operating machinery.
Communications made through e-mail and mobile applications shall in no way be deemed to constitute legal notice to City or any of its agencies, officers, employees, agents or representatives where notice to City is required by any contract, federal, state or local laws, rules or regulations.
The City respects your privacy and will endeavor to use any requested data solely for purposes of conducting official business. However, you should be aware of the fact that correspondence, e-mail, and other documents submitted to City may have to be made available for public review and inspection as well as photocopying by members of the public in accordance with California law.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) use of this application is at your sole risk. The application is provided on an "as is" and "as available" basis. The city expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
(b) City and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
(i) the application or web page will meet your requirements;
(ii) the application or web page will be uninterrupted, timely, secure or error-free;
(iii) the results that may be obtained from the use of the application or web page will be accurate or reliable;
(iv) any errors in the software will be corrected;
(v) the application or web page will be free from corruption, viruses, hacking, or other security intrusion.
Limitation of liability
You expressly understand and agree that City shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
(a) your access to or use of or inability to access or use the services;
(b) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
(c) any content obtained from the services;
(d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not City has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You expressly agree that City is not responsible for any contact or interaction between you and any other user of the application or we site and that you bear the sole risk of transmitting through the application any content, including information which identifies you or your location.
You agree that the negation of damages set forth above is a fundamental element of the basis of the bargain between City and you and that the foregoing limitation of liability is an agreed upon allocation of risk between you and City. You acknowledge that absent your agreement to this limitation of liability City would not provide the application or web site to you.
You agree to indemnify and hold City and its Mayor, subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand (including reasonable attorneys' fees) made by any third party due to or arising out of:
(a) Content you submit or otherwise make available through the web page or application,
(b) your use of the web page or application,
(c) your connection to the web page or application,
(d) your violation of this Agreement,
(e) your violation of any Rights of another.
NO COMMERCIAL REUSE OF THE WEB PAGE OR APPLICATION
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the web page or application.
MODIFICATIONS TO THE WEB PAGE OR APPLICATION
City reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web page or application (or any part thereof) with or without notice. You agree that City shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web page or application (or any part thereof).
CONTENT SUBMITTED ON THE WEB PAGE OR APPLICATION
With respect to content you submit the web page or application, City may use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of promoting the web page or application or any other City-related efforts. This right does not terminate.