The City of Durham ("City") provides the Adopt-a-Drain program ("AAD") to you subject to the following Terms of Service Agreement ("Agreement") which may be updated by us from time to time without notice to you. By accessing and using AAD, you accept and agree to be bound by the terms and provision of this Agreement.
Adopt-a-Drain is an initiative of the City to encourage residents to prevent debris from clogging storm drains. The AAD website allows users to "adopt" a storm drain, or state that you intend to help remove leaves and litter near the storm drain.
Unless explicitly stated otherwise, any new features that augment or enhance AAD are covered by this Agreement.
If you choose to adopt a storm drain using the AAD website, you are under no obligation and have no responsibility to actually remove leaves and litter on or near that storm drain or any storm drain.
If you provide any information that is untrue, inaccurate, offensive, not current, or incomplete, or the City has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current, or incomplete, the City has the right to suspend or terminate your account and refuse any and all current or future use of the AAD services (or any portion thereof).
Accounts that consistently adopt storm drains without removing debris may also be terminated.
Additionally, you agree that the City may, without prior notice, immediately terminate, limit your access to, or suspend your AAD service. Cause for such termination, limitation of access, or suspension shall include but not be limited to:
Further, you agree that all terminations, limitations of access, and suspensions for cause shall be made in the City's sole discretion and that the City shall not be liable to you or any third party for any termination of your account, any associated email address, or access to AAD.
Registration data, as well as data you submit using AAD, are subject to all applicable City, State and Federal public records laws.
You understand that all information entered by the user is the sole responsibility of the person from whom such Content originated. This means that you, and not the City, are entirely responsible for all Content that you submit or otherwise make available via AAD. The City does not control the sign-in content posted and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using AAD, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will the City be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content submitted or otherwise made available via AAD.
We are under no obligation to enforce this Agreement on your behalf against another user. While we encourage you to let us know if you believe another user violated this Agreement, we reserve the right to investigate and take appropriate action at the City's sole discretion.
You agree to not use AAD to:
You acknowledge that the City may or may not pre-screen Content that is shared, but that the City and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via AAD. Without limiting the foregoing, the City and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that the City may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
You may not attempt to override or circumvent any of the usage rules embedded into AAD.
You may not trace any information of any other AAD user or visitor or otherwise use AAD for the purpose of obtaining information of any other AAD user.
You may not attempt to gain unauthorized access to AAD or the computer systems and networks connected to AAD through hacking, password mining, or any other means.
You may not release the results of any performance or functional evaluation of AAD to any third party without prior written approval of the City for each such release.
You may not take any action that imposes, or may impose, in the City's sole discretion, an unreasonable or disproportionately large load on the City's technology infrastructure or otherwise make excessive traffic demands of AAD.
When you use the application, you acknowledge that in using AAD, you will be causing communications to be sent potentially through a variety of networks (Internet service provider, wireless phone network, etc.) As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you agree that use of the AAD may result in interstate data transmissions.
By submitting feedback ("Submissions") to the City through the AAD feedback function, you acknowledge and agree that:
You agree to indemnify and hold the City and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand (including reasonable attorneys' fees) made by any third party due to or arising out of:
The City reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, AAD (or any part thereof) with or without notice. You agree that the City shall not be liable to you or to any third party for any modification, suspension or discontinuance of the AAD (or any part thereof).
The City may provide links to other World Wide Web sites or resources. You acknowledge and agree that the City is not responsible for the availability of such external sites or resources.
AAD may facilitate your use of third party services not provided by the City ("Third Party Services"). The City makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspects of such Third Party Services. Your use of Third Party Services is at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services.
You acknowledge and agree that AAD contains proprietary and confidential information that is owned by the City and protected by applicable intellectual property and other laws. You will not use such proprietary information in any way whatsoever except for use of AAD in compliance with the provisions of this Agreement.
You expressly understand and agree that:
You expressly understand and agree that the city shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limtied to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
You expressly agree that the city is not responsible for any contact or interaction between you and any other user of AAD and that you bear the sole risk of transmitting through the application any content, including information which identifies you or your location.
You agree that the negation of damages set forth above is a fundamental element of the basis of the bargain between the city and you and that the foregoing limitation of liability is an agreed upon allocation of risk between you and the city. You acknowledge that absent your agreement to this limitation of liability the city would not provide AAD to you.
The City may provide you with notices regarding AAD, including changes to this Agreement, by email, SMS, text message, postings on AAD, or any other reasonable means now known or hereafter developed. Notices shall be effective immediately.
Such notices may not be received if you violate this Agreement by accessing the AAD in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered had you accessed AAD in an authorized manner.
You represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to accept and agree to be bound by the terms and provisions of this Agreement.
If you have agreed to allow your minor child, or a child for whom you are legal guardian ("Minor"), to use AAD, you agree that you shall be solely responsible for:
This Agreement is governed by the laws of the State of North Carolina without regard to any conflict of law provisions. You agree that any claim or dispute with the City relating in any way to your use of AAD shall be brought exclusively before a state or federal court sitting in Durham, North Carolina, and you irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such courts.
This Agreement constitutes the entire agreement between you and the City with respect to your use of AAD, superseding any prior version of this Agreement between you and the City with respect to AAD.
If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement.
The City's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of or related to your use of AAD must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Last updated October 22, 2015.
Thank you for your interest in adopting one or more of Durham's storm drains. By pledging to keep your drain clear, you are joining your neighbors in helping to protect the environment, manage stormwater, and minimize flooding.
Remember, the City and County of Durham won't be held responsible for anything that happens to you or others in service of maintaining your drain. Please be careful!
The Adopt a Drain Durham program enables Bull City Citizens to "adopt" one of the city's storm drains or catch basins and pledge to keep it free of leaves and debris. The program helps reduce localized flooding and fosters community engagement by encouraging the public to take an active role in improving their neighborhood.
Code for Durham and other volunteers used a web-based platform called Github to develop the open source web application on Ruby on Rails. Github enabled contributors to work on the project from anywhere in the world. They modeled Adopt a Drain Durham on Boston's Adopt a Hydrant, for which Code for America provided initial development support in 2012.