Skip to content

CalHHS Open Data Portal Terms of Use

LAST MODIFIED: January 27, 2023

 

This California Health and Human Services Agency (CalHHS) Open Data Portal website promotes transparency in California (“The State”) government activities and gives the people user-friendly access to vast amounts of publicly available information about the California Health and Human Services Agency and its departments and offices. We invite you to connect with CalHHS by freely using the information tools we provide. We require only that you abide by our Terms of Use, to protect against abuses of the website.

We welcome your recommendations for correcting or improving the website and its Content, but offer no guarantee your feedback will result in changes to the website. You may share your recommendations by contacting us at [email protected], or by calling (916) 326-3600.

Acceptance of Terms of Use

As a public service, the California Health and Human Services Agency ("CalHHS", "us" or "we") and its departments and offices publish data, data tables, information, content, files, documents, and material (collectively, “Content”) on the CalHHS Open Data Portal. All data is made available on an “as is” and “as available” basis.

You are welcome to freely download and use this Content as long as you abide by these Terms of Use ("Terms of Use," or "Terms"), which shall constitute a contract between you and the State of California (“State”). By accessing, viewing, downloading and/or otherwise using this CalHHS Open Data Portal website, you accept and agree to be bound by these Terms of Use. The Terms of Use affect your legal rights and obligations. If you do not agree to be bound by the Terms of Use, do not access or use the CalHHS Open Data Portal website.

You represent that you have full capacity and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or other such entity to the Terms of Use. The CalHHS Open Data Portal website is hosted by OpenGov, not the State. You acknowledge and agree to abide by any other terms that may apply generally to the CalHHS Open Data Portal website, including the CalHHS Open Data Portal Privacy Policy as specified here: Privacy Policy, and the host’s (OpenGov) Privacy Policy as specified here: https://opengov.com/privacy-policy, or other terms that may be imposed on specific Content from the Content Source Organization or otherwise, such as terms embedded or otherwise stated in any downloadable file, or on the page from which Content is accessed. The Content Source Organizations are the data sources that provide the non-CalHHS owned content or data.

The CalHHS Terms of Use may be updated by us at any time without notice to you. Such modifications to the Terms become effective upon posting to this website, unless otherwise indicated. Your continued access or use of the website or CalHHS Open Data Portal after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.

Third Party Sites, Services, or Features

The CalHHS Open Data Portal website may contain links to third party sites, service providers, or features that are not owned or controlled by the State. The State is in no way responsible or liable for any third-party sites, services, or features, and such links do not imply approval by the State of the listed destinations, warrant the accuracy of any information in those destinations, or constitute endorsement of the entities to whose sites the links are made or of the opinions expressed therein.

These third-party sites, services, or features may be governed by the privacy policies or other terms of the third parties that provide them, and some may require you to create and log in to an account on the third party site. By using third party sites, services, or features, you do so at your own risk, and you expressly relieve the State from any and all liability arising from your use of those third-party sites, services, or features.

If you have a question or comment about any of these other sites, services, or features, please contact the respective third-party provider directly.

Lawful Purposes

As a condition of your use of Content published on the CalHHS Open Data Portal, you warrant to the State and Content Source Organizations that you will not use this website or its Content for purposes that are unlawful or prohibited by these Terms of Use. You agree to comply with all laws, rules and regulations (for example, federal, state, and local) applicable to your use of the CalHHS Open Data Portal, including but not limited to, intellectual property laws. You may not use the Content here to commit a criminal or civil offense or encourage others to do so. The State may require you, by providing you with a notice in writing with which you shall comply, to cease using or displaying its Content if the State reasonably believes you are violating these Terms of Use, violating other terms posted on the CalHHS Open Data Portal and applicable to the website's Content, or that you are failing to abide by international, federal, state, or local laws, regulations, or ordinances. In that event, you agree to immediately remove any Content that you have displayed or published at your own cost.

Security of this Website

This CalHHS Open Data Portal and the information it contains are provided as a public service by the State of California. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone 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 utilize this system for other than its intended purposes are prohibited and may result in criminal and/or civil prosecution.

The State has taken reasonable measures to safeguard the integrity of the website and you agree that the State is not liable to you for any injury caused by security breaches or other acts compromising the website. You agree that the State of California and Content Source Organizations are not responsible for any losses resulting from events unanticipated by the State or Content Source Organizations or outside of the State’s or Content Source Organizations’ control, including acts of God, acts of war, acts of public enemies, strikes, fires, explosions, actions of the elements, floods, or other similar causes, failure of electronic or mechanical equipment, failure of communication lines and interconnectivity, computer viruses, unauthorized access or theft.

Privacy of this Website's Content

Content published on the CalHHS Open Data Portal has been vetted by the individual CalHHS departments or offices supplying the Content in order to reasonably ensure that information protected from disclosure by law is not released herein. Each CalHHS department or office providing content to the CalHHS Open Data Portal maintains its own privacy policy in adherence with the Information Practices Act of 1977 (Civil Code Section 1798 et seq.). You must contact the supplying government department or office if you have any questions or concerns about the privacy of particular Content.

Public Participation

To the extent the CalHHS Open Data Portal activates a module or forum for public comment or the uploading of Content or other information from members of the general public, the following provisions concerning acceptable use apply, and uploading such information indicates your agreement to abide by the following:

  • You shall use this website and any applications herein only for public participation purposes directly related to the purposes of the website, and not for any fraudulent, illegal, or nonpublic purpose, including, but not limited to, the transmission of obscene or harassing materials, the pursuit of personal activities, the mass distribution of unsolicited messages ("spamming"), or the promotion of commercial ventures or religious or political causes.
  • To the extent this website requires log-in, you are responsible for acquiring and safeguarding your own user ID and password used to access the website and shall be responsible for any activity attributable to the use of your account whether by you or any other person.
  • You are solely responsible for your interaction with other users of the CalHHS Open Data Portal, whether online or offline. You agree that the State and Content Source Organizations are not responsible or liable for the conduct of any user. The State reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  • You shall not engage in activities that may cause interference with or disruption to any network, information service, equipment or user thereof.
  • You must not create accounts with the CalHHS Open Data Portal or access the site through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  • You shall comply with the website's confidentiality and security requirements and shall not seek information on other users or attempt to obtain access to, copy, or modify other users' files without express permission.
  • You shall not violate the rights of any person or entity protected by copyright, trademark, trade dress, trade secret, patent, or other similar laws or regulations.
  • You must report any abuse or misuse of the CalHHS Open Data Portal’s public participation application to [email protected], or by calling (916) 326-3600, and you shall cooperate fully in any investigation into any such abuse or misuse.

Intellectual Property

  • The State grants you a non-exclusive, non-transferable, revocable license to use and distribute the Content contained on this website in a manner consistent with the Terms of Use. Access to the CalHHS Open Data Portal does not give you ownership or transfer any intellectual property rights in the CalHHS Open Data Portal or any Content you access. You acknowledge and agree that you shall obtain a license or sublicense from the Content Source Organization prior to any download or use of non-State owned Content. The Content Source Organization can be found under the section entitled “Additional Info” (also known as “Metadata”) for each dataset. Your use of Content from a Content Source Organization will be subject to additional terms between you and the Content Source Organization. In the event of conflict between our Terms of Use and the Content Source Organization’s terms, the Content Source Organization’s terms will override and govern.
  • Your reuse, publication, and/or distribution of the Content on the CalHHS Open Data Portal requires attribution of credit to the CalHHS department or office providing such Content and a citation to the webpage and date of publication of the material cited. Preferred citation language will be provided in the metadata of each data table. Any analyses, interpretations, or conclusions reached by your use or analysis of the Content shall be credited to the author and not to the State or Content Source Organizations. If you modify the Content for your own purposes in any way, you may not claim the data is “official government data” and must clearly indicate that the data and/or data table has been modified.
  • Within the Content on the CalHHS Open Data Portal, there may be graphical images, photographs, videos, logos, service marks, trademarks, software, or other materials protected by copyright, trademark, trade dress, patent, trade secret and other similar laws and regulations. Uses of these protected materials are not licensed to you without the prior written permission of the CalHHS department or office or third party to whom such graphical images, logos, photographs, videos, logos, service marks, trademarks, software, or other materials pertain. It is your responsibility to procure this permission. You agree to obtain permission prior to publishing or distributing these protected materials.
  • You agree that you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content on the CalHHS Open Data Portal. You agree that you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the CalHHS Open Data Portal Content in a manner inconsistent with the Terms of Use.
  • The State Seal and all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the State, and may not be copied, imitated or used, in whole or in part, without prior written permission from the State.
  • Other than as described in these Terms of Use, use of the CalHHS Open Data Portal does not grant you title or rights to any intellectual property the State or Content Source Organizations may own in relation to the content published or displayed on this website. You may not upload to or post any materials on the CalHHS Open Data Portal for which you lack rights to do so under applicable laws or contractual agreements. If you believe such materials of yours have been posted on the CalHHS Open Data Portal in a manner which violates your intellectual property rights or other legal interests, you are required to contact [email protected] or call (916) 326-3600 with your concerns.
  • The State shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract and except as prohibited by the applicable privacy policies. The State shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.

Content Quality

The CalHHS Open Data Portal strives to provide Content that is accurate and current. Any errors and omissions should be reported for investigation to [email protected], or by calling (916) 326-3600.

Government departments and offices supplying Content to the CalHHS Open Data Portal are the authoritative sources of the CalHHS Open Data Portal’s Content and are responsible for determining that the Content meets the respective department or office’s information quality standards. No protected data will be released. These government departments and offices are also responsible for version control of their Content and retaining record copies of the Content in compliance with record retention laws and policies.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CONTENT ON THIS WEBSITE IS AT YOUR OWN RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR BREACH OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND IS BEING MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. HUMAN OR MECHANICAL ERROR, DISRUPTIONS IN SERVICE, OR FAILURE OF COMMUNICATIONS NETWORKS, MECHANICAL OR ELECTRONIC EQUIPMENT COULD CAUSE INACCURATE INFORMATION TO BE POSTED ON THE CalHHS OPEN DATA PORTAL. YOU AGREE TO WAIVE ANY LIABILITY OR RESPONSIBILITY BY THE STATE AND CONTENT SOURCE ORGANIZATIONS FOR THE ACCURACY, TIMELINESS, COMPLETENESS, OR QUALITY OF THE CONTENT PROVIDED ON THE CalHHS OPEN DATA PORTAL.

CalHHS, THE STATE, AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTENT SOURCE ORGANIZATIONS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CalHHS, THE STATE, AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTENT SOURCE ORGANIZATIONS, AND LICENSORS MAKE NO WARRANTY THAT THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; THE CONTENT OR SERVICES WILL BE TIMELY, SECURE OR ERROR-FREE; THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE CalHHS OPEN DATA PORTAL WILL MEET YOUR EXPECTATIONS; AND THAT ANY ERRORS WILL BE CORRECTED.

THE STATE AND CONTENT SOURCE ORGANIZATIONS ALSO DO NOT VOUCH FOR THE CONTINUED ACCURACY OR CURRENCY OF THE CONTENT AFTER IT HAS BEEN DOWNLOADED FROM THE CalHHS OPEN DATA PORTAL, NOR THE QUALITY OR ACCURACY OF ANY ANALYSES OR RE-USES OF THAT CONTENT.

YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CalHHS, THE STATE OF CALIFORNIA, OR CONTENT SOURCE ORGANIZATIONS OR THROUGH OR FROM THE WEBSITE OR CalHHS OPEN DATA PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CalHHS, THE STATE, AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTENT SOURCE ORGANIZATIONS, AND LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORIES OF LIABILITY, WHETHER ASSERTED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CalHHS OR THE STATE OR CONTENT SOURCE ORGANIZATIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CONTENT OR SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) ANY OTHER MATTER RELATING TO THE CONTENT OR SERVICE. THIS LIMITATION IS IN ADDITION TO AND NOT IN LIEU OF ANY CONSTITUTIONAL, STATUTORY, OR SOVEREIGN IMMUNITY DEFENSE THAT MAY BE AVAILABLE TO THE STATE OR ITS AGENTS OR EMPLOYEES.

The State will make reasonable efforts to correct errors on the CalHHS Open Data Portal that you bring to our attention. HOWEVER, WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS WEBSITE OR ON THE CalHHS OPEN DATA PORTAL IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON IT IN MAKING ANY DECISION, TAKING ANY ACTION OR REFRAINING FROM TAKING ANY ACTION.

Right To Discontinue Or Modify Content or Access

The State reserves the right to modify, discontinue or remove any Content on the CalHHS Open Data Portal or terminate your access to the CalHHS Open Data Portal for any reason, without notice, at any time, and without liability to you. Upon termination of the website and/or CalHHS Open Data Portal, all licenses and other rights granted to you in these Terms of Use will immediately cease. We reserve the right to refuse access to the CalHHS Open Data Portal to anyone for any reason at any time.

Indemnity

By accessing or using the CalHHS Open Data Portal, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the CalHHS Open Data Portal.

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, CONTENT SOURCE ORGANIZATIONS, AND THE CalHHS OPEN DATA PORTAL’S CONTRIBUTORS, ANY ENTITY JOINTLY CREATED BY THEM, THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE CalHHS OPEN DATA PORTAL WEBSITE, IN REFERENCE TO ANY CLAIM HOWEVER CAUSED AND ON ANY THEORY OF LEGAL LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT, INCLUDING NEGLIGENCE.

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CalHHS AND ITS DEPARTMENTS AND OFFICES, THE STATE OF CALIFORNIA, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR FAILURE TO OBTAIN AN ADEQUATE LICENSE, SUBLICENSE, PERMISSION, OR OTHER RIGHTS FROM A CONTENT SOURCE ORGANIZATION PRIOR TO YOUR ACCESS TO, DOWNLOAD OF, OR USE OF ANY NON STATE OWNED DATA OR CONTENT ON THE CalHHS OPEN DATA PORTAL WEBSITE, IN REFERENCE TO ANY CLAIM HOWEVER CAUSED AND ON ANY THEORY OF LEGAL LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT, INCLUDING NEGLIGENCE.

General Provisions

Any rights not expressly granted herein are reserved.

The State's performance of this agreement is subject to laws and legal requirements. Nothing in these Terms of Use limit the State's right and obligation to comply with statutory, law enforcement, or court requirements relating to this website or to the State's or your use hereof. The State and you agree that your use of this website and compliance with these Terms of Use does not create any kind of a partnership, joint venture, employment, or agency relationship between you and the State. Nothing on the CalHHS Open Data Portal or in these Terms of Use represents legal advice by the State to you. Communications between you and the State on the CalHHS Open Data Portal do not constitute legal or official notice to the State or any other government departments or offices, including any legal notice required by international, federal, state, or local laws, regulations, or ordinances. Such notice must instead be made by you through the official communication channels provided to you by those departments or offices.

Any materials posted by you on the site will be non-confidential, non-proprietary and subject to Public Records Act (PRA) requests. The State and Content Source Organizations will not be liable for any use or disclosure of materials posted by you on the site or any materials submitted to CalHHS by you that may be lawfully disclosed pursuant to PRA.

The Terms shall be governed by and interpreted under the laws of the State of California without regard to conflict of law provisions. Disputes arising out of these Terms of Use are subject to the exclusive venue of, and the exclusive jurisdiction of, state and federal courts located in Sacramento County, California.

If one or more of the provisions of these Terms of Use are for any reason declared unenforceable by a court of competent jurisdiction under the laws or regulations in force, those provision(s) will not have any effect on the validity of the remainder of the Terms, which shall then be construed as if such unenforceable provision was never contained in the Terms of Use.

The State's waiver of any right or remedy in these Terms of Use does not constitute a waiver of any other right hereunder or of the State's enforcement of any legal right or remedy for any subsequent breach or default.