Waiver & Terms & Conditions
City of Fishers Smart Pass Terms & Conditions of Service
THESE TERMS AND CONDITIONS OF SERVICE (“User Terms”, “Terms” or “Agreement”) are a contract between you (“User”, “you” or “your”) and THE City of Fishers, Indiana (“City” “us”, “we”, or “our”) and govern your access to or use of services and any mobile applications owned and operated by us. (collectively, the “Smart Pass”). Please read these User Terms before accessing and using the Smart Pass.
The City of Fishers operates parks, services and facilities within Fishers’ corporate boundaries; Smart Pass is an identity platform to provide citizens access to City parks, services and facilities. All of the foregoing are collectively, and hereinafter referred to as our “Service(s)”.
SMART PASS ACCOUNTS
Opening a Smart Pass Account.
In order to access City services and facilities, you are not required to create a Smart Pass Account (as defined below); however, we will ask our Users for certain personal information when you register for a Smart Pass on our website (each a “Smart Pass Account”). Smart Pass Accounts are intended for personal use only and you further acknowledge and agree that we are relying on the accuracy of your information to provide certain Services.
Use of Your Smart Pass Account.
Your Smart Pass will be available through your internet accessible device via a portal offered by the City. In the event that you misrepresent information about yourself, your Smart Pass Account is subject to suspension or cancellation without notice to you. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Smart Pass may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that we may have, both at law and in equity.
ACCEPTANCE OF USER TERMS
By accessing and/or using the Smart Pass, you accept and agree to be bound by these User Terms, just as if you had agreed to these User Terms in writing. If you do not agree to these User Terms, do not use the Smart Pass. These User Terms are effective for all existing and future Users. Access to or use of the Smart Pass establishes a legally binding agreement between you and the City. You will not be able to use the Smart Pass or access the Services if you do not accept the User Terms or are unwilling or unable to be bound by these User Terms. Once you accept these User Terms, you agree that the use of the Smart Pass and the Services is at your own risk.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personal Data: Personally identifiable information, such as your name, address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you choose to interact with the Site. You are under no obligation to provide us with personal information of any kind. However, your refusal to do so may prevent you from using certain features of the Smart Pass.
Derivative Data: Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
Data From Contests, Giveaways, and Surveys: Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Smart Pass to:
Send you a newsletter
Administer sweepstakes, promotions, and contests
Compile anonymous statistical data and analysis for use internally
Deliver targeted advertising, coupons, newsletters, and promotions, and other information regarding our website and mobile application to you
Email you regarding your account or order
Fulfill and manage purchases, orders, payments, and other transactions related to the Site
Increase the efficiency and operation of the Site
Monitor and analyze usage and trends to improve your experience with the Site
Notify you of updates to the Site
Offer new products, services, and/or recommendations to you
Perform other business activities as needed
Process payments and refunds
Request feedback and contact you about your use of the Site
Respond to product and customer service requests
DISCLOSURE OF YOUR INFORMATION
We may be required to share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights: If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection. Your information may be subject to the Indiana Access to Public Records Act, Indiana Code §5-14-3-1 et seq.
Third-Party Service Providers: We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, marketing assistance, and sending review solicitation emails.
INDEMNIFICATION; HOLD HARMLESS
To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold the City and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Smart Pass or Service; (b) your violation of these User Terms, any representation, warranty, or covenant referenced in these Terms, or any applicable law or regulation; (c) your content; (d) your interaction with any User; (e) the use or offer of a Service, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Service; (f) your participation in the Service or Smart Pass; (g) any allegation that you have infringed or otherwise violated the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (h) your negligent or willful misconduct, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising therefrom.
TERMINATION OF CANCELLATION OF YOUR ACCOUNT
You can delete or suspend your Smart Pass Account at any time by contacting us, as further set forth below. The foregoing notwithstanding, these User Terms will survive the termination or suspension of your Smart Pass Account.
You understand and agree that, at any time and without prior notice, we may (1) terminate, and/or suspend your access to the Smart Pass, (or any portion thereof) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Smart Pass and (3) remove and discard any and all of your registration data on the Smart Pass, at any time for any reason or no reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with these User Terms. Upon any termination, we may immediately deactivate your Smart Pass Account and all related information and/or bar any further access to your Smart Pass Account and your use of the Smart Pass or the Services.
You agree that we will not be liable to you or any third party for any termination or modification to the Smart Pass or the Service regardless of the reason for such termination or modification. You agree that any termination of your right to use the Services or Smart Pass may be implemented without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Smart Pass and all related data and files related to your Smart Pass and/or bar any further access to such files or the Services. Further, you agree that we shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Smart Pass or the Services. All provisions of these User Terms should survive termination of your right to use the Smart Pass and/or the Services (including, without limitation, all limitations on liability, releases, indemnification of obligations, disclaimers of warranties, and intellectual property protections and licenses).
These User Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Indiana, United States of America, without regard to choice or conflicts of law principles. Further, you agree to the jurisdiction of Hamilton County, Indiana or any other court that has jurisdiction within Indiana to resolve any dispute, claim, or controversy that relates to or arises in connection with the User Terms (and any non-contractual disputes/claims relating to or arising in connection with them).
If you have any questions or comments, or to report violations of these Terms, the Services or the Smart Pass, please contact us at 317-595-3111.
General Liability Waiver – Parks & Recreation Department
I acknowledge and agree that participation in park activities provided by the City of Fishers through its Parks & Recreation Department is entirely voluntary and that participation in these activities may pose a risk of property loss, bodily harm or death. In consideration for my participation in these park activities, I hereby agree to release, hold the City of Fishers, the City of Fishers Parks & Recreation Department, their officers, directors, agents and employees (collectively, “City”) harmless and indemnify the City from any and all damages or claims of any nature whatsoever arising out of my participation in park activities. On behalf of myself, my estate, my assigns, and heirs, I do hereby indemnify and hold the City harmless and indemnify City from any damage or liability incurred by City or third parties as a result of my participation in park activities for any costs or expenses including but not limited to hospital and medical expenses, legal and defense costs (including, without limitation, reasonable attorneys’ fees) as well as settlements, judgments, fines and penalties of any nature whatsoever which may be incurred as a result of my participation in park activities; provided, however, such agreement to hold harmless and indemnify shall not extend to the City’s gross negligence or willful misconduct.
I acknowledge and agree that I may be videotaped or photographed during park activities. I acknowledge and agree that these materials may be used for newsworthy and commercial purposes, including marketing publications, magazines, web pages, Facebook, Twitter, social media and shared with marketing partners. On behalf of myself, my estate, my assigns, and heirs, I hereby waive any privacy rights and property interest that I may have in my name, voice, signature, photograph, image, and likeness and hereby agree to release and hold the City harmless and indemnify City from any and all damages or claims of any nature whatsoever arising out of the use or distribution of my name, voice, signature, photograph, image, and likeness.
I have read this release and understand all of its terms. I sign it voluntarily and with full knowledge of its significance. I affirm under penalties of perjury that I am 18 years of age or older.