The City of Austin (“City”) provides the Austin 3-1-1 application for smart phones, tablets, and other electronic devices (“Austin 3-1-1”) for your use subject to the terms of this Service Agreement for use of the Austin 3-1-1 Application (“Agreement”) which may be updated by the City from time to time without prior notice to you. By accessing and using Austin 3-1-1, you (“You” or “Austin 3-1-1 User”) accept and agree to be bound by the terms and provisions of this Agreement. If you do not agree with these terms, then do not use the Austin 3-1-1 application.
2. Description of the Austin 3-1-1 Application
Austin 3-1-1, a City service, provides the Austin 3-1-1 user(s) with a software application to report specific types of service request issues and data to the City and to check on the status of those service requests (“Service Requests”). It also provides users the opportunity to share those service requests (type of request, photo and text) if desired on the application. It allows users the opportunity to view requests submitted by other users who have requested that particular reports be shared.
Unless explicitly stated otherwise, any new features that augment or enhance Austin 3-1-1 which are added at a future time are covered by this Agreement without prior notice to You.
You are responsible for obtaining access to Austin 3-1-1, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees.
You understand that the technical processing and transmission of the Austin 3-1-1 services, including your Service Requests, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. Your Obligations
If You provide any information to the City that is untrue, inaccurate, offensive, not current or incomplete, or the City has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, or violates applicable law, the City has the right to do any or all of the following actions: delete the information, notify law enforcement if appropriate, and suspend or deny your current or future use of the Austin 3-1-1 services (or any portion) without prior notice to you.
4. Texas Public Information Act
Your personal data as well as Service Requests that You submit using Austin 3-1-1 is subject to the Texas Public Information Act. If Your information submitted is public information as provided in this Act and a third party makes a public information request for this public information, this information will be made public.
When You complete a Service Request, if you do not want Your Request to be displayed or shared with the public on any current or future real-time data feed such as the “Recent requests” stream on the Austin 3-1-1, you may select the “do not share with public” option during the submittal of a Service Request. If You select this option, Your Service Request remains subject to the Public Information Act.
5. Austin 3-1-1 User Service Request Information
You understand that all information, data, text, photographs, graphics or other materials ("Content") that you include in your Service Request, whether marked by You as shared or not, is your sole responsibility. This means that You, and not the City, are entirely responsible for the Content that you submit or otherwise make available via Austin 3-1-1.
The City does not control the Content posted via Austin 3-1-1 and, as such, the City does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Austin 3-1-1, you may be exposed to Content that is objectionable. Under no circumstances will the City be liable or responsible in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content submitted, or otherwise made available via Austin 3-1-1.
The City is under no obligation to enforce this Agreement on your behalf against another Austin 3-1-1 user. While the City encourages You to let the City know if you believe another user violated this Agreement, the City reserves the right to investigate and take appropriate action at the City’s sole discretion.
You agree to not use Austin 3-1-1 to:
submit Content that is false or inaccurate;
submit Content that does not generally pertain to the designated topic or theme;
submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable;
submit or otherwise make available any Content that is hateful or otherwise objectionable due to its characterization of any person’s race, ethnicity, disability, religion, gender, gender identity, sexual orientation or age;
harm minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
submit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of communication not relevant to specific City service requests;
submit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intentionally or unintentionally violate any applicable local, state, national or international law;
“stalk" or otherwise harass another; or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (l) above.
You acknowledge the City may or may not pre-screen Content that is shared, but that the City and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Austin 3-1-1 without notice.
Without limiting the foregoing, the City and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that the City may access, preserve and disclose your account information and Content if required to do so by law including but not limited to the Texas Public information Act or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce this Agreement;
respond to claims that any Content violates the rights of third parties;
respond to your requests for customer service; and
protect the rights, property or personal safety of the City, its users and the public.
You agree that You will not attempt to override or circumvent any of the usage rules embedded into Austin 3-1-1. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on Austin 3-1-1, in whole or in part, is strictly prohibited.
You agree not to trace any information of any other Austin 3-1-1 user or visitor or otherwise use Austin 3-1-1 for the purpose of obtaining information of any other Austin 3-1-1 user.
You agree not to modify or create derivative works of Austin 3-1-1, decompile or reverse engineer Austin 3-1-1, or otherwise attempt to create the source code from Austin 3-1-1, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of Austin 3-1-1.
You agree not to attempt to gain unauthorized access to Austin 3-1-1 or the computer systems and networks connected to Austin 3-1-1 through hacking, password mining, or any other means.
You agree not to use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Austin 3-1-1. You may not access, retrieve or index any portion of Austin 3-1-1 for purposes of constructing a searchable database of data collected by Austin 3-1-1.
You agree not take any action that imposes, or may impose, in the City’s sole discretion, an unreasonable or disproportionately large data load on the City’s technology infrastructure or otherwise make excessive data traffic demands of Austin 3-1-1.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to Austin 3-1-1.
6. Interstate Nature of Communications On Austin 3-1-1
When You use the application, You acknowledge that by using Austin 3-1-1 to send Service Requests, You will be causing electronic communications to be sent potentially through a variety of networks (Internet service provider, wireless phone network, etc.) As a result, communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where You are physically located at the time of transmission. Accordingly, You agree that use of the Austin 3-1-1 may result in interstate data transmissions.
7. Content Submitted On Austin 3-1-1
With respect to Content that You submit on Austin 3-1-1,the City may use, distribute, reproduce, modify, adapt, and publicly display such Content without notice or compensation to you for the purposes of promoting Austin 3-1-1 or any other City-related efforts. This right shall survive the expiration or termination of the Agreement. The City’s right to distribute and publicly display the Content is subject to the Texas Public Information Act.
8. Submissions to the City
By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to the City through the City’s suggestion or feedback pages, You acknowledge and agree that:
your Submissions should not contain confidential or proprietary information;
the City is not under any obligation of confidentiality, express or implied, with respect to the Submissions;
the City shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide;
the City may have something similar to the Submissions already under consideration or in development;
your submissions automatically become the property of the City without any obligation of the City to you; and
you are not entitled to any compensation or reimbursement of any kind from the City under any circumstances.
You agree to indemnify, defend, and hold harmless the City, it’s officers, employees, agents, and licensors from any claim, demand, lawsuit, liability, and damages (including reasonable attorneys' fees and dispute resolution costs) made by any third party due to or arising out of:
Content that You submit or otherwise make available through Austin 3-1-1,
your use of Austin 3-1-1,
your network connection to Austin 3-1-1,
your violation of this Agreement,
your violation of any rights of third parties; and
your commercial reuse of Austin 3-1-1.
10. Modifications To Austin 3-1-1
The City reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Austin 3-1-1 (or any part thereof) with or without notice. You agree the City shall not be liable to you or to any third party for any damages due to modification, suspension, or discontinuance of the Austin 3-1-1 (or any part of Austin 3-1-1).
You agree that the City may, without prior notice, immediately terminate, limit your access to or suspend your Austin 3-1-1 service. Cause for such termination, limitation of access or suspension shall include but not be limited to:
breaches or violations of this Agreement or other incorporated agreements or guidelines;
requests by law enforcement or other government agencies;
discontinuance or material modification to Austin 3-1-1 (or any part of Austin 3-1-1);
unexpected technical or security issues or problems;
extended periods of inactivity, and
engagement by you in fraudulent or illegal activities.
Further, You agree that all terminations, limitations of access and suspensions for cause shall be made in the City’s sole discretion and that the City shall not be liable to You or any third party for any termination of your account, any associated email address, or access to Austin 3-1-1.
12. Third Party Services
Austin 3-1-1 may facilitate your use of third party services not provided by the City (“Third Party Services”). The City makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspects of such Third Party Services. Your use of Third Party Services is at your own risk and you are responsible for complying with all legal and contractual requirements necessary for using Third Party Services.
13. The City’s Proprietary Rights
You acknowledge and agree that Austin 3-1-1 contains proprietary and confidential information that is owned and/or licensed by the City and protected by applicable intellectual property and other laws. You will not use such proprietary information in any way whatsoever except for use of Austin 3-1-1 in compliance with the provisions of this Agreement.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AUSTIN 3-1-1 IS AT YOUR SOLE RISK. AUSTIN 3-1-1 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 NONINFRINGEMENT.
THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT:
AUSTIN 3-1-1 WILL MEET YOUR REQUIREMENTS;
AUSTIN 3-1-1 WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AUSTIN 3-1-1 WILL BE ACCURATE OR RELIABLE;
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND
AUSTIN 3-1-1 WILL BE FREE FROM CORRUPTION, VIRUSES, HACKING, OR OTHER SECURITY INTRUSION.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE 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:
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE AUSTIN 3-1-1 SERVICES;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE AUSTIN 3-1-1 SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
ANY CONTENT OBTAINED FROM THE AUSTIN 3-1-1 SERVICES;
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 THE CITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU EXPRESSLY AGREE THAT THE CITY IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF AUSTIN 3-1-1 AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH AUSTIN 3-1-1 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 THE CITY AND YOU AND THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND THE CITY. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, THE CITY WOULD NOT PROVIDE AUSTIN 3-1-1 TO YOU.
The City may provide you with notices regarding Austin 3-1-1, including changes to this Agreement, by email, Short Message Service text message, postings on Austin 3-1-1, or any other reasonable means now known or in the future. The City may send notices to the email address that You provide as part of this Austin 3-1-1 service. Notices shall be effective immediately upon the City’s transmittal. You may not receive such notices if you violate this Agreement by accessing the Austin 3-1-1 in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered had you accessed Austin 3-1-1 in an authorized manner.
You represent that you are 13 years of age or older, and if you are under age of 18, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to accept and agree to be bound by terms and provisions of this Agreement. If you have agreed to allow your minor child, or a child for whom you are legal guardian (“Minor”), to use Austin 3-1-1, you are agree that you shall be solely responsible for: (a) the online conduct of such Minor, (b) monitoring such Minor’s access to and use of Austin 3-1-1, and (3) the consequences of any use of Austin 3-1-1 by such Minor.
18. Governing Law and Venue
The parties agree that this Agreement is governed by the laws of the State of Texas without regard to any conflict of law provisions. You agree that any claim or dispute with the City relating in any way to your use of Austin 3-1-1 shall be brought exclusively before a state or federal court sitting in Austin, Texas.
This Agreement constitutes the entire agreement between you and the City with respect to Austin 3-1-1 and your use of Austin 3-1-1, superseding any prior version of this Agreement between you and the City.
If any provision of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Agreement remains effective to the extent permitted by law.
This Agreement may not be assigned without the prior written consent of the City.
The City’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.