Smart Columbus Operating System Terms of Use

Unless we indicate otherwise on the website, we hereby grant you a nonexclusive, nontransferable, limited, and revocable right to access, use, or navigate our website solely for personal, non-commercial use. Except as otherwise provided in the terms, all rights are reserved.

Unless we indicate otherwise in the license relating to a specific data set, subject to these terms, we hereby grant you a personal, royalty-free, non-assignable, non-exclusive, non-sublicensable, revocable-at-any-time license to use the data sets in the Smart Columbus Operating System for research, informational, or other business purposes. However, you may not use any data to reidentify individuals. We provide you the data sets made for informational purposes.

Submitting city departments, governmental entities or private data donors are the authoritative source of data available on the Smart Columbus Operating System. These entities are responsible for data quality, public record requests and retention of version control of data sets and feeds accessed on the site. We may update, correct, or refresh data sets at any time without notice. Data sets may be incorrect or outdated. Use of any data is at your sole risk.

You shall ensure that any data sets you provide to us comply with our data submission guidelines, be de-identified, and do not include any personal information. We may include any data you submit to us to other users of Smart Columbus. You hereby provide Smart Columbus with a non-exclusive, irrevocable, transferable license to use, share, transfer, or use for any other research purposes for the data sets you provide to Smart Columbus.

Smart Columbus attempts to de-identify personal information in its data sets. You may not reidentify or attempt to reidentify individuals involved in the data sets. You shall immediately notify us of any reidentification that happens as a result of your actions, not further share that information, and follow Smart Columbus’s directions relating to the use, access, sharing, deletion, or other processing of that information.

Unauthorized use of our website is strictly prohibited. You shall maintain the privacy, security, and confidentiality of your account or personal information that you access.

You may not use websites, apps, or our data:

• For illegal purposes or in violation of our terms;
• For sending spam or unwanted emails, calls, text messages, or other communications;
• Violating any individual’s privacy or publicity rights; or
• Disseminating viruses, trojan horses, worms, spyware, or other malware.

You hereby agree not to:

• Scrape our websites, apps, content, or data or otherwise place unreasonable strain on our systems or resources;
• Misuse accounts, passwords, websites, apps, or data;
• Use another’s account without permission;
• Interfere with or disrupt our websites, apps, or data; or
• Breach or attempt to breach the security of our websites, apps, or data.

This website may contain content, graphics, logos, or images that are owned by Smart Columbus, the City of Columbus, or a third party. Unless otherwise specifically permitted by applicable law, you may not reproduce such content without permission. Unless otherwise specifically provided herein, these terms do not grant you any title or right to any patent, copyright, or other such intellectual property rights that Smart Columbus, the City of Columbus, or others may have in those graphics, logos, images, or other content.

WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS REPUTATION, BUSINESS OPPORTUNITIES OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE OUR WEBSITE, APPS, CONTENT, OR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF YOU HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.

WE DISCLAIM ANY LIABILITY WITH RESPECT TO PROPERTY DAMAGE OR PERSONAL INJURY RESULTING FROM YOUR USE OF THE SITE. WE ARE NOT LIABLE FOR ANY USER’S OR THIRD PARTY’S ILLEGAL CONDUCT RELATING TO THE SITE. WE ARE NOT LIABLE FOR THE ACCURACY, COMPLETENESS, AVAILABILITY OF OUR WEBSITES, APPS, CONTENT, OR DATA.

IF WE ARE FOUND TO BE LIABLE, DESPITE THE LIMITATION FOUND IN THIS SECTION, IN NO EVENT WILL OUR LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, CONTENT, OR DATA EXCEED ONE HUNDRED DOLLARS ($100).

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability to you shall be limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold us harmless from and against any claims, actions, or demands, including, without limitation, legal fees, arising from or relating to:

• Your breach of these terms;
• Your access to use or misuse our website, content, or data;
• Your negligent or reckless actions or omissions, or willful misconduct;
• Your violation or alleged violation of any law, regulation, or ordinance; or
• Your violation or alleged violation of the rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under the terms. You shall cooperate with any reasonable requests to assist us in the defense of such matter.

WITH RESPECT TO ANY DISPUTE WITH SMART COLUMBUS, THE CITY OF COLUMBUS, OUR SERVICE PROVIDERS, OR PARTNERS, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR THESE TERMS, YOU HEREBY (I) GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

If you believe that our website contains content that infringes on your copyright, please forward the following information to SmartColumbus@columbus.gov.

• Your postal address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of the location of an original or an authorized copy of the copyrighted work, such as a URL;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We generally do not ask for any suggestions, materials, ideas, or creative concepts for new, modified, or different products or services for this website. If you send us creative suggestions, ideas, concepts, or other information, such information will remain the property of Smart Columbus. This information is not subject to any obligation of confidence on the part of Smart Columbus. Without limiting the foregoing, Smart Columbus exclusively owns all rights to the information and is entitled to unrestricted use of this information for any purpose whatsoever, without compensation to you.

YOUR USE OF THE WEBSITE, APPS, CONTENT, OR DATA IS AT YOUR OWN RISK. THE WEBSITE, APPS, CONTENT, OR DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE WEBSITE, APPS, CONTENT, OR DATA PROVIDED OR REFERENCED HEREIN.

WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DISCLAIM ALL WARRANTIES RELATING TO THE AVAILABILITY, ACCURACY, SECURITY, PRIVACY, CONFIDENTIALITY, APPROPRIATENESS, RELIABILITY, COMPLETENESS, OR TIMELINESS RELATING TO THIS SITE. WE DISCLAIM ANY WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED, OR ERROR FREE OR THAT WE WILL CORRECT ANY DEFECTS. WE MAKE NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES.

The Terms do not affect those statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

Unless we agree otherwise in writing, you may create hyperlinks to our websites, apps, content, or data provided that the link accurately describes the content. You may not frame our website, app, content, or data. The Smart Columbus Team has the right to revoke this permission at any time. Smart Columbus may change the website organization, page titles, and URL's at any time without notice. Smart Columbus is not responsible for notification of these changes.

We may include links to third-party websites. We make no representations, and disclaim all liability, as to the content available at those websites, the accuracy of information therein, and the quality of products or services provided on those websites.

We include data that may be originally created and maintained by other public or private organizations. Smart Columbus or the City of Columbus is not responsible for, the availability of these outside resources. We do not control or maintain this data and we are not responsible for their content. We do not endorse, sponsor, or promote those linked websites or data.

Smart Columbus may publish links to data, content, or websites in its sole discretion.

We may terminate these terms or suspend or limit your account, website, services, or data immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these terms. Upon termination, you shall cease use of the website, its content, or data.

We may revise this policy from time to time. If we make material changes, we’ll post a revised policy on this website, or a website that replaces this website or notify you of prior to the changes taking effect, either by posting a notice on this website (or a website that replaces this website), via your account, or email. We encourage you to review our policies and terms regularly for updates.

The Terms are governed by the laws of the State of Ohio, without regard to conflict of laws provisions.

You consent to exclusive jurisdiction and venue in Franklin County, Ohio and waive the defense of forum non conveniens.

The Terms constitute the entire agreement between us regarding the Operating System, and supersede and replace any prior agreements.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Failure by Smart Columbus, in any instance, to exercise any of its rights under the Terms will not constitute waiver of such right or any other rights under the Terms.

Provisions that by their nature should survive termination of these Terms must survive termination, including without limitation, your liabilities, disclaimer of warranties, and limitation of liabilities.

You may not assign or transfer these terms. Any assignment or transfer in violation of these terms is void.

The section headings are provided merely for convenience and must not be given any legal import. References to Smart Columbus or the City of Columbus includes references to its affiliates, subsidiaries, officers, directors, employees, agents, suppliers, and licensors, if any.

These terms do not create any third-party beneficiary rights to any person who is not a party.

We operate our website from the United States. We do not represent that our content, data, or websites, or apps are appropriate or applicable for use in any other country. Access from certain countries other than the United States may be prohibited. You are responsible for compliance with all local laws

If you have any questions about these Terms, please contact the Operating System team using the “Contact Us” form.