Please note that these Terms of Service are subject to change without notice and reflect current business practices. This policy is dated September 10, 2020.
Welcome to the website for the Fiscal Crisis and Management Assistance Team (FCMAT). Please read these master Terms of Service (“master terms,” “Terms of Service”) carefully before using websites that FCMAT operates. By using the FCMAT website, you are agreeing to these Terms of Service. FCMAT reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this FCMAT website after changes to these terms are posted will mean you accept those changes.
These Terms of Service reflect current business practices and are subject to change without notice. These Terms of Service are dated September 4, 2020.
The FCMAT website is offered to you conditioned on acceptance of the terms, conditions, policies and notices contained herein, without modification. Your use of this website constitutes acceptance of these terms and conditions. FCMAT reserves the right to amend the Terms of Service at any time, as needed. If the changes are material, FCMAT will post a notice to the website. Registration for specific portions of the website may require express acknowledgment of acceptance.
The website is a FCMAT system, access to which is provided as a public service. The general public may use this system to review and retrieve publicly available information. You agree to use this website as permitted by applicable local, state, and federal laws. You agree not to, knowingly and without authorization, alter, damage, or destroy this or another user's computer system, network, software, program, documentation or data contained therein, or to use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, any action that results in preventing access to this website by other users will be deemed an unauthorized use.
YOU SHOULD HAVE NO EXPECTATION OF PRIVACY IN YOUR USE OF THIS WEBSITE. Anyone using the FCMAT website expressly consents to administrative monitoring at all times. System administrators may provide law enforcement officials with evidence of possible criminal activity identified during such monitoring. If you do not wish to consent to monitoring, exit the FCMAT website now.
FCMAT works to keep this website operational, virus-free and safe, but users access it at their own risk. FCMAT makes no express or implied warranties regarding the website including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FCMAT does not guarantee that the website will be safe or secure, and is not responsible for the actions, content, information, or data of third parties. By using the website, you consent to release FCMAT, its parent agencies, directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
If you are a California resident, you waive California civil code 1542, which states:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
FCMAT will not be liable for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this website or use of this website, even if FCMAT has been advised of the possibility of such damages. This limitation and exclusion of liability and of incidental or consequential damages shall be enforced to the fullest extent permitted by applicable law.
This website is for non-commercial information-sharing, not for the commercial benefit of any user. FCMAT respects users’ rights and expects users to do the same. To keep this website safe and informative for all users, certain rules apply, including, without limitation, the following:
FCMAT attempts to maintain the highest accuracy of content on its website. Any errors or omissions should be reported for investigation.
Every effort is made to offer the most current, correct and clearly expressed information. Nevertheless, inadvertent errors in information may occur. In particular, but without limitation to this item, FCMAT disclaims any responsibility for typographical errors and accuracy of the information that may be contained on this website. The information and data included on FCMAT’s servers have been compiled by FCMAT and CSIS staff from a variety of sources and are subject to change without notice. FCMAT make no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data, or regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free.
If any official printed publication of FCMAT or another agency differs from the text contained in this system, the official printed documents take precedence.
By using the FCMAT website, you assume all risks associated with the use of this site, including any risk that your computer, software or data will be damaged by any virus, software, or any other file that may be transmitted or activated via a FCMAT web page or your access to it. FCMAT shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the FCMAT website or with any delay or inability to use this website, or from any information, documents, services, software, or other material obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if FCMAT and/or any of its employees or affiliates has been advised of the possibility of damages.
FCMAT shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken that relies on the information furnished.
You may not edit, alter, modify or prepare any derivative works of the website content or any portion thereof, nor remove or alter any credits, notices (including, without limitation, copyright, trademark, logomark, and service mark notices), graphical images or logos that are included in the website or the content, nor resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the content in any form, unless the content is posted in a public access area of the website.
For content that is covered by intellectual property rights, including without limitation any writings, graphical images, photos and videos, you specifically grant FCMAT a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with your use of this website.
By publishing content or information in a public setting forum or location on this website, you are allowing everyone, including people unknown to you, to access and use that information, and to associate it with you, including use of your name and any image you have posted.
You will not post content or take any action on the website that infringes or violates another individual’s or entity’s rights or otherwise violates the law. FCMAT reserves the right to remove any content or information that in its estimation does so. If FCMAT removes your content for infringing someone else's copyright, and you believe FCMAT removed it by mistake, FCMAT will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, FCMAT will disable your account. You will not use FCMAT’s copyrights or trademarks, or any confusingly similar marks, without FCMAT’s written permission.
Personal information is information that identifies or describes an individual. It includes information such as the person's name, address and/or telephone number, email address, and various other information such as employment data, all of which is identifiable to the specific individual. An Internet Protocol (IP) address, while not considered personal information, is electronically collected personal information.
Electronically collected personal information is information arising from your voluntary participation in an activity on this website that asks you for information, such as completing a registration or a request for assistance, sending an email, participating in a survey or online blog, or interacting in a chat room or blog, or any other activity that results in the collection of detailed data. Currently, FCMAT collects users’ name, phone, agency name, and email address information.
FCMAT expressly reserves the right to collect additional data in the future without notice, including, but not limited to, the IP address of your computer or network, the type of web browser and operating system you use, the date and time you visited this website, the web pages or services you accessed at this website, the website you visited prior to linking to this website, and any file you download from this website.
Collected data will be used only for FCMAT services and will not be disseminated outside of FCMAT. No data will be shared outside of FCMAT unless FCMAT is required to do so by federal or state law.
Personal information collected may be protected from some disclosure by federal and/or state law, including the Information Practices Act of 1977, Government Code Section 11015.5, and the federal Privacy Act of 1974. However, FCMAT is a public agency and this information, once you provide it or it is collected, may be deemed a public record subject to public inspection and copying if not otherwise protected by federal or state law. FCMAT provides no guarantees and makes no representations that collected data will not be disclosed as a public record without notice to you.
When you send us email or submit a request to the FCMAT Help Desk, you are providing us with personal information, as contained in the email, including your email address. FCMAT uses this information to improve its service to you or to respond to your question or request. Except for authorized law enforcement investigations, or as otherwise required by law, FCMAT does not share information from emails.
If you use a survey or data collection feature on FCMAT’s website, or an interactive communication feature such as a listserv, blog or chat, or send an email, the following additional information will be collected:
The information collected is not limited to text characters and may include audio, video, and graphic information formats you send to us.
To the extent that this website contains or may in the future contain email distribution (listserv), bulletin boards, discussion threads, instant message, interactive or communication facilities involving FCMAT and other users (forums), you agree to use such forums only to send and receive messages and material that are proper and related to the particular forum. You agree not to use any such functions to perform any actions that violate the law, including any of the following.
You agree to send and receive electronic mail, engage in conferences and interactive communications, download and upload files, and otherwise use this website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time, and applicable law.
FCMAT reserves the right to remove any contents of this website received from users for violations of forum use policies and other applicable regulations and law, including violations of others' constitutional rights. FCMAT reserves the right to edit any notices or postings for length if and when such length interferes with other users' access to and use of a forum.
You acknowledge that chats, conferences, bulletin boards, discussion functions and any other such interactive or communication forums hosted by this website are public and not private communications. Further, you acknowledge that chats, posting conferences, discussion functions and other communications by other users are not endorsed by FCMAT, and such communications shall not be considered reviewed, screened, or approved by FCMAT.
When participating in interactive forums, never assume that people are whom they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in an interactive forum may not be reliable and should be confirmed. FCMAT cannot be responsible for the content or accuracy of any information.
Some links on FCMAT’s website are to other websites that FCMAT does not serve or control. Those websites may have and send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive, which is not FCMAT’s intention and out of FCMAT’s control.
FCMAT has taken a number of steps to safeguard the integrity of its telecommunications and computing infrastructure, including, but not limited to, authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation and day-to-day practices of the entire operating environment as part of FCMAT’s continuing commitment to risk management. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail-proof the security of information provided through FCMAT’s website.
This website is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Any person using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to use this system for other than its intended purposes, are prohibited and may result in criminal prosecution.
FCMAT maintains its website under the domain of fcmat.org.
This website has links to websites we believe may be useful to users and that may provide services. When you link to another website, you are no longer on the FCMAT website and are subject to the terms of service and privacy policies of the new website.
FCMAT is a public agency and reserves the right to reject any request for an external link from any portion of this website. Any links to websites found to contain objectionable material will be deleted. This site does not offer a link exchange, nor will it link to the personal websites of individuals. FCMAT is not responsible for any material outside of the FCMAT website.
The dynamics of the Internet allow for infinite links from one website to another without a site host being aware of the link from another site. Therefore, FCMAT cannot be responsible for content or views given on any website connected via hyperlink to the FCMAT website.
You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and FCMAT as a result of these Terms of Service or use of this website. You agree not to act as a representative, agent, or employee of FCMAT unless you are such a representative, agent or employee in an official capacity, and FCMAT shall not be liable for any representation, act or omission of any user.
Reference on this website to any specific commercial products, processes or services, or the use of any trade, firm, or corporation name, is for information and for the convenience of the public; it does not constitute endorsement, recommendation or favor by FCMAT or its employees or agents, and such reference shall not be used for advertising or product endorsement.
The FCMAT website may at times contain some content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and linked websites, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of FCMAT, nor does FCMAT make any representations regarding the accuracy of any such information. FCMAT does not give legal advice.
As a condition of use of this website, you agree to defend, indemnify, and hold harmless FCMAT, its contributors, any entity jointly created by them, their respective affiliates and their respective parent organizations, directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the online service by you or your account, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Service.
Construction of the disclaimers noted in these Terms of Service and resolution of all disputes over the disclaimers and waivers shall be governed by the laws of the State of California. You consent to the exclusive jurisdiction and venue of courts in Sacramento County, California, USA. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any part of these Terms or Service is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect.
This Terms of Service (agreement) constitutes the entire agreement between you and FCMAT with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the parties with respect to this website. These Terms of Service shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this agreement, the terms of this agreement shall control. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.