Terms of Use

I. INTRODUCTION

As a convenience to potential users, the City of Chattanooga (“City”) makes a variety of datasets (“Data”) available for download through this website. Your use of the Data is subject to these terms of use, which constitute a legal agreement between You and the City. This legal agreement is referred to as the “Terms of Use.”

II. DEFINITIONS

“Data” refers to the final versions of factual and/or statistical information that are (a) in alphanumeric form that can be digitally transmitted or processed, (b) created or maintained by the City in the ordinary course and scope of conduct of the City’s business, and (c) available for download through the City’s website. “Data” excludes information which the City may not publicly disclose without complying with applicable laws, even though You may gain access to and use that information.

“Derivative Work” means a work that is based in any way or to any extent on the Data including without limitation any work that uses any of the Data in a modified form.

“You” or “Your” refers to any individual or entity that seeks to use the Data.

III. YOUR Open License to the Datasets

The City now grants a worldwide, royalty-free, non-exclusive license to use, modify, and distribute the datasets in all current and future media and formats for any lawful purpose. You now acknowledge that this license does not give you a copyright or other proprietary interest in the datasets. If You distribute or provide access to these datasets to any other person, whether in original or modified form, You agree to include a copy of, or this Uniform Resource Locator (URL) for, these Terms of Use and to ensure any such person agrees to, and is bound by them but without introducing any further restrictions of any kind.

IV. ACCEPTING THE TERMS OF USE

A. Means of Acceptance

To use any of the Data, You must agree to these Terms of Use by downloading or using any of the Data or any Derivative Work, in which case you understand agree that the City will treat your download or use of the Data or Derivate Work as an acceptance of the Terms of Use from that point forward.

B. Authority to Accept

You represent that you have full capacity and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or such other entity to the Terms of Use.

V. EXCLUSION OF WARRANTIES

The City voluntarily provides the Data as a service to the public. The Data contains information and data compiled and processed by the City and third parties. The City makes no warranty, representation, or guaranty as to the content, accuracy, timeliness, or completeness of any of the data provided at this website. In using the Data, You understand and agree that the information contained therein is subject to error, and cannot be relied upon without verification or site inspection. You understand and agree that your use of the Data is at your sole risk. The City makes this data available to You on an “as is” basis without any warranties of any kind, whether express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The City shall assume no liability for: 1) any errors, omissions, or inaccuracies in the Data provided at this website regardless how caused; or 2) any decision made or action taken or not taken by anyone using or relying upon Data provided at this website. The City assumes no liability for any virus or other damage to any computer that might occur during or as a result of accessing this website or the Data.

VI. USE OF DATA

The City may require You to terminate any and all display, distribution or other use of any or all of the Data provided at this website for any reason including without limitation violation of these Terms of Use or other terms as defined by City agencies or departments contributing Data to this website.

Any user of this website providing any software application or other secondary or derivative application using Data supplied at this website shall do the following: Include the following disclaimer at the site where the software application or other secondary or derivative application can be accessed or downloaded:

This site provides application using data that has been modified for use from its original source, www.chattanooga.gov, the official website of the City. The City makes no claims as to the content, accuracy, timeliness, or completeness of any of the Data provided at this site. The Data provided at this site is subject to change at any time. It is understood that the Data provided at this site is being used at one’s own risk.

You acknowledge and agree that there may be additional terms and conditions that are embedded or stated in any file containing the Data, or on the page from which the Data is accessed, which You access and use; and those terms and conditions will be considered a part of these Terms of Use, as they are deemed incorporated in these Terms of Use.

Although You are not required to credit the City for each use or reproduction of the datasets, You are entitled to do so and encouraged to conspicuously announce that these datasets are publicly available from the City under these Terms of Use. Upon the request of the City, You may be required to remove a credit from future uses or reproductions should the City, in its sole discretion, decide that such credit is not in the public interest.

You agree to comply with any additional Terms of Use set forth by the City agency or department providing the Data used by the software application, or other secondary or derivative application, including without limitation requirements to include additional citations or disclaimers at the site where the application can be accessed or downloaded.

VII. CITY’S INTELLECTUAL PROPERTY RIGHT(S) NOT AFFECTED

If the City claims or seeks to protect any patent, copyright, or other intellectual property right(s) in the Data, including the Derivative Work, the City’s website will call attention to (a) the City’s or a third party’s property right(s) in the Data, including the Derivative Work, and (b) the City’s file(s), containing the Data, including the Derivative Work on the page from which the Data, including the Derivative Work, may be accessed. These Terms of Use do not grant to You any right, title or interest in or to any patent, copyright, or intellectual property right(s) that the City and/or any third party may have in the Data, including the Derivative Work.

VIII. LIMITATION OF LIABILITY AND INDEMNITY

A. In no event shall the City be liable for any direct, indirect, incidental, consequential or special damages (including without limitation, loss of use, time or data, inconvenience, commercial loss, lost profits or savings, or the cost of computer equipment and software), to the full extent that such may be disclaimed by law, or for any claim against You by any third party. In no event shall the City be liable for any claim, including claims by third parties, for loss or damages arising from erroneous Data or information contained in the Data.

B. To the fullest extent permitted by law, You shall indemnify and save harmless the City from any claim, loss, damage, injury or liability of any kind, nature and description (including without limitation incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arise directly or indirectly, in whole or in part, from Your Use of the Data, including without limitation Your use of the Data in a Derivative Work. In addition to your obligation to indemnify the City, You specifically acknowledge and agree that You have an immediate and independent obligation to defend the City from any claim, which obligation arises at the time such claim is tendered to You by City and continues at all times thereafter.

IX. NO ASSOCIATION

You may not use any trademark, official mark, official emblem or logo of the City, or any of its other means of promotion or publicity, without the City’s prior written consent nor in any event to represent or imply an association or affiliation with the City.

X. NO WAIVER

You agree that, if the City does not exercise or enforce any legal right or remedy contained in these Terms of Use (or that the City has the benefit of under any applicable law), this will not be construed to be a formal waiver of the City’s rights and that those rights or remedies will still be available to the City. Any waiver of any provision of these Terms of Use will be effective only if the City expressly states in a signed writing that it is waiving a specified provision.

XI. GOVERNING LAW AND JURISDICTION

These datasets are published within the City of Chattanooga, Tennessee. These Terms of Use are governed by Tennessee law and the City and You now irrevocably submit to the exclusive jurisdiction of Tennessee courts with respect to any and all matters arising under these Terms of Use or access to, or use of, these datasets.