M-NCPPC – Terms & Conditions of Use

Your access to and use of The Maryland-National Capital Park and Planning Commissions (”M-NCPPC”) website (the “Sites”) is subject to the following terms and conditions, as well as all applicable laws. Your access to the Site is in consideration for your agreement to these Terms and Conditions of Use, whether or not you are a registered user. By accessing, browsing, and using the Site, you accept, without limitation or qualification, these Terms and Conditions of Use. Unauthorized or improper use of this system is prohibited, and may result in civil and criminal penalties, or administrative disciplinary action. The communications and data stored or transiting this system may be, for any lawful purpose, monitored, recorded, and subject to audit or investigation. By using this system, you understand and consent to such terms.

Modification of the Agreement for Accuracy and Changes

M-NCPPC tries to ensure that the information made available on its Sites is accurate and complete. Due to factors beyond the control of M-NCPPC, however, it cannot guarantee against unauthorized modifications of information or errors made in inputting and posting data. M-NCPPC may make changes to a Site at any time to update, add, or correct the information made available. Any modification is effective immediately upon posting, unless otherwise stated.

M-NCPPC maintains the right to modify these Terms and Conditions of Use and may do so by posting notice of such modifications on this page. Your continued use of the Site following the posting of any modification signifies your acceptance of such modification. You should periodically visit this page to review the current Terms and Conditions of Use.

Conduct

You (the visitor) agree to access and use the Site only for lawful purposes. M-NCPPC is not responsible for any material submitted by you to the public areas of the Sites such as bulletin boards, blogs and group discussions. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Sites. M-NCPPC reserves the right to monitor, edit comments and contributors to blogs, bulletin boards, and group discussions. By accessing the Sites, you agree that you will not:

1. Use the Site to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability;
2. Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
3. Use the Site to impersonate other parties or entities;
4. Use the Site to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Site or the hardware or software of any other person who accesses the Site;
5. Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
6. Alter, damage, or delete any content posted on the site;
7. Disrupt the normal flow of communication in any way;
8. Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
9. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
10. Post any material that infringes upon or violates the intellectual property rights of another; or
11. Collect or store personal information about others.
12. Copy, reproduce or use materials or images from the Sites for distribution without first obtaining written permission from M-NCPPC.

Registration

Certain portions of the Site are limited to registered users and/or allow a user to participate in blogs and group discussions, upload photos and videos and request support, regularly produced publications, newsletters, agendas, and other documents or services online by entering personal information. You agree that any information provided to us in these areas will be complete and accurate, that you will not register under the name of, nor attempt to enter the Site under the name of, another person, and that you will not adopt a user name that M-NCPPC, in its sole discretion, deems offensive.

Termination of Use

M-NCPPC may, in its sole discretion, terminate or suspend your access to and use of this Site without notice and for any reason, including for violation of these Terms and Conditions of Use or for other conduct which M-NCPPC, in its sole discretion, believes is unlawful or harmful to others. In the event of termination, you will no longer be authorized to access the Site, and M-NCPPC will use any means possible to enforce this termination.

External Links; Personal Opinions

M-NCPPC resources and materials may contain hypertext or other links to external Internet sites. These are provided only for your convenience. Any information, materials, personal opinions, or endorsements of products or services appearing on external sites are not controlled, sponsored, or approved by M-NCPPC. When you select a link to an outside website, you are subject to the terms and conditions of the owner/sponsors of that outside website. Use or reliance on any external links and the content contained therein is at your own risk.

M-NCPPC disclaims legal responsibility for any information, materials or services made available on external sites, and for the personal opinions of individuals posted on any site, regardless of whether M-NCPPC operates the site, unless the personal opinions are authorized official opinions issued by members of M-NCPPC. You shall not create any hypertext link from any website controlled by you or otherwise, to this Site without the express prior written permission of M-NCPPC.

Policy on Spamming

You specifically agree that you will not utilize email addresses obtained by using the Site to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day, or 20 or more emails in a single week (consecutive 7-day period), unless doing so is necessary for legitimate business purposes. M-NCPPC, in its sole discretion, will identify violations of the limitations on email usage set forth in these Terms and Conditions of Use. Violations may result in your removal from registered areas, denial of support or services, or other consequences.

Content

M-NCPPC reserves the right to monitor any content that you provide, but shall not be obligated to do so. Whereas, M-NCPPC can monitor all postings on the Site, we reserve the right (but assume no obligation) to delete, move, or edit any postings that violate these Terms and Conditions of Use. United States and foreign copyright laws and international conventions protect the contents of the Site. You agree to abide by all copyright notices posted on the Site.

Indemnity

You agree to defend, indemnify, and hold harmless M-NCPPC and all of its employees and agents from and against all actions, liability, claims, legal actions, damages, cost or expenses of any kind which are made against or incurred by M-NCPPC in connection with any breach by you and/or any negligence associated with your failure to abide by these Terms and Conditions of Use, including reasonable attorneys’ fees and costs. You agree to cooperate fully in the defense of any such claim. M-NCPPC reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the prior written consent of M-NCPPC.

Disclaimer of Warranty

M-NCPPC disclaims any express or implied warranties related to making its Sites available for public use, and for any materials, information, graphics, products, or processes contained within its computer system. It makes no warranty, express or implied, nor assumes any responsibility for the completeness, reliability or use of information, opinions, data and/or content contained on the site, (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the M-NCPPC Sites. The public is granted access to information on the M-NCPPC Sites on a strictly “as is” basis. M-NCPPC denies responsibility for the conduct of its users.
The content and function of the Site are provided to you “as is,” without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose or use, or currency.

Limitation of Liability

In no event will M-NCPPC or its employees be liable for any loss, liability, damage (whether incidental, indirect, special, punitive, exemplary, or consequential), personal injury or expense arising out of your use of or inability to use the Site, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.

Trademarks

The M-NCPPC trademarks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of M-NCPPC. Nothing contained in this Site should be construed as granting any license or right to use any trade mark without the prior written permission of M-NCPPC.

Severability

Any provision of these Terms and Conditions of Use that is held by a court or tribunal of competent jurisdiction to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating or rendering unenforceable the remaining provisions of these Terms and Conditions of Use.

Applicable Law

All terms, conditions, policies and notices shall be governed by and construed in accordance with the laws of the State of Maryland. The courts located in Montgomery and Prince George’s County, Maryland shall have exclusive jurisdiction over all controversies arising under or associated with these Terms and Conditions of Use.

Contact Us

If you have any questions, comments or concerns about these Terms and Conditions of Use, our Privacy Policy or any other relevant terms, conditions, policies or notices, please contact us.