Definitions

“City” means the City of Oceanside, a California municipal corporation.

“Data” means the contents of a package of GIS information specifically designed for release to the public.

“End User” means, without limitation, any natural person, firm, corporation, partnership, business entity of any kind, or local, state or federal public entity in possession of the Data.

General Disclaimer

The Data provided are collected from various sources and will change over time without notice. The City disclaims any responsibility for the accuracy or correctness of the Data. The Data are provided on an “as is,” “as available,” and “with all faults” basis. The City makes no warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose.

In no event shall the City become liable to any End User of these Data, or any other party, for any loss or damages, consequential or otherwise, including but not limited to time, money or goodwill, arising from the use, operation or modification of the Data. In using these Data, you agree to release, indemnify, defend, and hold harmless the City, its officers, agents and employees, from any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the Data, or use of the Data.

Specific Disclaimer Against Certain Kinds of Activities

Without limiting the scope of the General Disclaimer, above, the City adds the following specific disclaimers:

The Data are not fault-tolerant and are not designed, manufactured, or intended for use or resale for use for insurance underwriting, insurance settlements, or insurance adjustment payments, nor are the Data to be used with critical health and safety or online control equipment in hazardous environments that require fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, search and rescue, emergency response, terrorism prevention or response, firefighting, life support, or weapons systems (“High Risk Activities”). The City specifically disclaims any express or implied warranty of fitness for High Risk Activities.

In using these Data, you agree to release, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all liability, losses, claims, expenses (including attorneys’ fees), demands, or damages of any kind, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in any way connected with the use of the Data for High Risk Activities.

Additional Limitations on Use of the Data

It is incumbent on the End User to be familiar with and comply with any and all relevant and applicable state and federal laws governing the subsequent use of the Data. End Users should be aware that the Data may not meet all National Map Accuracy Standards. Under no circumstances shall the End User modify or alter the Data in any way and redistribute it as an original City product. If the Data are altered, the City may be cited as a reference but shall not be identified as the sole data source.