Version 1.0 Last Revised: 12/30/2019
The County of Fresno (“Fresno County”, “we”, “us”, “our”) recognizes the importance of maintaining effective privacy practices. The Terms of Use & Privacy Policy Agreement ("Terms of Use") apply to all visitors and Registered Users who use the IHSSRFA.Fresnocountyca.gov website available through https://ihssrfa.fresnocountyca.gov (the " Site"). The Site may be accessed via the World Wide Web. The Site is not a public forum. The Site is provided as a service to provide information about the Fresno County Department of Social Services and the services it provides, and as applicable, information related to your case, submitting documentation for your case, and management of your Site User account. The Registered User is a registered user-only account portal available through the Site to access their personal account and case information and to use certain other services offered only to a Registered User. “Visitors” are users of the Site that have not registered for an account on the Site and/or are not logged in. “Registered Users” are users of the Site that have registered for an account on the Site and are logged in. If you are provided access to non-publicly available portions of the Site (other than the Registered User portion of the Site), any additional terms and conditions located on those portions of the Site will also apply and will control in the event of a conflict with these Terms of Use. If you agree to an updated version of these Terms of Use and the Privacy Policy for this Site (e.g., by using new Site features governed by such terms), these updated versions govern your use of the Site.
Access to and use of the Site is conditioned upon your assent to these Terms of Use. You are deemed to have assented to these Terms of Use when you use any available page of the Site. You are deemed to have assented to these Terms of Use as applicable to the Website, when you complete the online registration processes required for Registered Users as described above and indicate during the registration process that you accept these Terms of Use along with the Privacy Policy incorporated therein. You are deemed to have accepted these Terms of Use each time you access the Site and each time you use your login credentials to access the Registered User portion of the Site. By registering for or otherwise accessing or using any portion of the Site, you acknowledge that you have read, understand, and agree to be legally bound by these Terms of Use. These Terms of Use and the Privacy Policy are available during registration for the Website and on various pages of the Site.
From time to time, we may, in our sole discretion, modify these Terms of Use, and the Privacy Policy, indicated by a new version number and revision date. Your use of the Site and/or utilization of any Site benefits after the Terms of Use have been updated indicates your agreement and acceptance of the updated version of the Terms of Use and the Privacy Policy, including the modifications made as of the date of your use.
This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively " Site Content"). Unless otherwise expressly identified, Site Content is owned by us or by our third-party licensors. The Site Content is protected by United States and international copyright, trademark, and other laws. You may browse the Site and download Site Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Site Content from this Site, including code and software underlying this Site, nor may you sell, transfer, or otherwise use the Site or the Site Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to the Site Content at any time without notice.
We may make improvements to our Site by adding and modifying its features and functionality. To enhance your Site experience and improve Site effectiveness, we may monitor your Site usage, selectively provide or disable Site features and functionality, and contact you to solicit information that would assist us in improving the overall user experience through such features, functionality, or otherwise. By using the Site, either as a Visitor or as a Registered User, you are deemed to have assented that the accuracy of the data used in the Site Content may be within 1 business day prior to the time you access the Site, however at times the accuracy of the data may deviate greater than 1 business day.
Certain portions of the Site may provide mechanism(s) for you to communicate and share information and/or materials with us. By submitting to us your documents, photos, and/or other submitted content (any, a " Submission") through the Site, electronic communications, or otherwise, you agree as follows: Your Submissions must: (i) not feature anything illegal, obscene, threatening, defamatory or otherwise objectionable, in our sole discretion, (ii) not feature any identifiable person(s), other than you or those on whose behalf you are authorized to feature in your Submission; and (iii) be accurate, truthful, and not misleading. We may contact you regarding your Submission through any known electronic communication channel, mail or telephone.
The information provided on the Site is for informational purposes or general guidance only, and does not constitute medical, legal, financial, accounting, tax, or other professional advice. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the provided information. The provided information does not constitute the rendering by us of any type of opinion, certification, or guarantee.
The Site may contain hyperlinks allowing Site users to connect to other websites owned by us and websites owned by our third-party vendors, distributors, and providers (" Linked Sites"). You may also access our Site through a hyperlink embedded in a Linked Site. We provide hyperlinks to the Linked Sites to enable you to conveniently access websites that may be of interest to you. Please note that once you click on a hyperlink that transfers you from our Site to a Linked Site, you have left our Site, and this Terms of Use will immediately cease to apply to any subsequent activity on the Linked Site. We are under no obligation to notify you when you have left our Site and have accessed a Linked Site. Use of any Linked Site will be governed by the privacy policy, terms of use, and/or other policies (if any) on the Linked Site.
You are required to comply with all applicable laws in connection with your use of the Site. You agree that you have appropriate procedures and safeguards with respect to your access and use of the Site and any Site Content obtained through the Site. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information during registration and in connection with any and all other uses of the Site that is true and accurate and is not false, misleading, or otherwise an impersonation of any person or entity. You agree that you will not provide your username, password, or any information whatsoever that may give access to your registered account to any other person. Certain portions of the Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
You agree that you will not (and will not attempt to): (a) access or use the Site or any component thereof in any manner or for any purpose not expressly authorized by these Terms of Use; (b) distribute, sublicense, lease, rent, loan, or otherwise use or make any component of the Site available for use by third parties, including as part of a service bureau, outsourcing, or external consulting arrangement; (c) access any component available through the Site via remote access through interfaces or automated means not approved in writing by us; (d) collect, compile, or otherwise attempt to "screen scrape," "data mine" or "harvest" any component of the Site, including through the creation of any duplicate or derivative data store; (e) deactivate, bypass, or circumvent any access controls or security measures for the Site; (f) gain unauthorized access to the Site or another site user's network, systems, or data; (g) engage in any activity or use any device, software, or routine, or introduce any virus, Trojan horse, spyware, adware, or other malicious code, that interferes with a user's access to the Site or the proper operation of this Site; (h) engage in any activity that disrupts or impairs the performance of the Site; (i) use the Site to transmit content that is, or could be deemed, unlawful, threatening, harassing, libelous, defamatory, pornographic, including any messages constituting or encouraging criminal conduct; (j) access or use the Site in violation of any laws or regulations, the intellectual property or other rights of any third party, or any contractual or legal duty or obligation including in a manner prohibited by these Terms of Use; (k) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying programming, models, databases, or database structures for the Site; or (l) remove or obscure any copyright, trademark, confidentiality, or other Site notices, terms, or disclosures. We reserve the right to suspend or terminate Site access to address non-compliance with these Terms of Use.
You agree to the Internet Privacy Policy, which is attached hereto following the Terms of Use and is incorporated by reference in these Terms of Use.
The site and the site content are provided on an "as is", "as available" and "with all faults" basis, and all use of the site and the site content is at your own risk. To the fullest extent permissible under applicable law, we make no representations or warranties of any kind, express or implied, regarding the site, the site content, or your access to or use thereof. We hereby disclaim any and all implied and statutory warranties of any kind, including but not limited to any warranties of performance, title, quiet enjoyment, non-infringement, custom, and usage of trade. Without limiting the foregoing, we do not represent or warrant that the site or the site content will be accurate, complete, up-to-date, or reliable; that access to or use of the site will be uninterrupted, secure, or error-free; that the site, the site content, or any portion thereof will not change or be discontinued; that errors or defects will be corrected; that the site or the site content will be free from computer viruses or other harmful components; or that access to or use of the site or the site content is lawful in any particular jurisdiction. No supplier to us has any warranty, support, or other obligations to you in connection with your use of this site. You assume the entire obligation and cost of any and all necessary computer, mobile device, and network servicing, repair, and correction. If you are dissatisfied with the site or the site content, your sole and exclusive remedy is to discontinue using the site.
Under no circumstances shall we be liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages or losses of any kind arising out of or directly or indirectly related to the site, the site content, your access to or use thereof, our performance, non-performance, acts, or omissions in connection therewith, the Privacy Policy, or these Terms of Use, even if foreseeable, and even if we have been advised or should have known of the possibility of such damages. In any event, under no circumstances shall our total, cumulative liability to you for any and all damages, losses, claims, and causes of action exceed zero United States dollars ($0.00). In no way limiting the foregoing, we assume no obligation and shall have no liability arising out of or directly or indirectly related to any communication errors, service interruptions, or site malfunctions; the conduct or content of any site user; computer viruses or other harmful components; loss or corruption of data; damage to your computer, mobile device, or network; malicious acts of third parties; force majeure events; business interruption or downtime; loss of business, profits, or goodwill; or actions taken or not taken in connection with investigations, demands, or claims by us, intellectual property owners, law enforcement, governmental authorities, or third parties. The limitations on liability in this section shall apply to the fullest extent permissible under applicable law, regardless of the number of incidents or claims, and regardless of the nature of the damage, loss, claim, or cause of action (whether in contract, tort, negligence, strict liability, indemnity, or otherwise). The limitations on liability in this section are an essential part of these terms of use, and shall be valid and binding even if any remedy is deemed to fail of its essential purpose.
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent identified below with the following information:
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. The Site is intended for use by individuals residing in Fresno County California of the United States of America. No laws of any foreign jurisdiction shall apply to these Terms of Use or be binding on us.
Any dispute, claim, action or proceeding arising out of or related to the Site, the Site Content, the Privacy Policy, or these Terms of Use, or the interpretation or enforcement hereof, whether at law or in equity, shall be brought only in the state courts located in Fresno County, California or, if proper and exclusive federal subject matter jurisdiction exists, the United States District Court for the Eastern District of California. Each party hereby submits to the personal jurisdiction and consents to the exclusive venue of such courts, and waives any objections thereto, including based on forum non conveniens. Notwithstanding the foregoing, in connection with asserting or protecting our intellectual property or other legal rights or business interests, we retain the right to seek temporary or permanent injunctive or other non-monetary equitable relief against you in any court of competent jurisdiction.