By using the Marana Parks and Recreation App, whether through a mobile device, mobile application or computer (collectively, the "Service") you agree to be bound by (a) these Terms of Service and (b) our Privacy Policy and Safety Tips, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, you may not use the Service.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted at https://tmwc01.maranaegov.com/parks-terms.html, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
You must be at least 13 years of age to use the Services of the Marana Parks and Recreation app. By using the Service, you represent and warrant that:
Town of Marana grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Marana Parks and Recreation App solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Marana Parks and Recreation App or make the App available to any third party.
The Marana Parks and Recreation App, including all applications, maps, data and information (hereinafter referred to as the "Content"), is provided on an "as is" basis for informational purposes only. The Content is provided without any representation or warranty of any kind, and in particular without representation or warranty about the Content quality, accuracy, completeness or timeliness. The Town of Marana makes no warranty, expressed or implied, regarding the accuracy, completeness, or usefulness of the information provided in this application. The Town of Marana disclaims any responsibility or liability for any direct or indirect damages resulting from the use of the data and information in this application.
All data provided will be hosted in the cloud. Your use of these features of the App confirms your consent to these terms and conditions.
Postings and comments to Marana Parks and Recreation App containing any of the following forms of content may be removed:
This Agreement shall remain in effect until terminated by you or the Town of Marana. The Town of Marana may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from the Town of Marana, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Marana Parks and Recreation App and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Marana Parks and Recreation App and delete all copies of the App from your mobile device or from your desktop.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOWN OF MARANA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF THE TOWN OF MARANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall be governed by the laws of the state of Arizona, with venue in the federal or state courts in Pima County.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless the Town of Marana, our officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
This Agreement, with the Privacy Policy, the Safety Tips and any terms disclosed and agreed to by you, contains the entire agreement between you and the Town of Marana regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Town to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Town of Marana in any manner.