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 and to prevent litter from entering waterways. The AAD website allows users to "adopt" a City-owned storm drain, or state that you intend to help remove leaves, dirt, litter and debris 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.
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:
Registration data, as well as data you submit using AAD, are subject to all applicable City, State and Federal public records laws.
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 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.
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 Feb 1, 2019.
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 Durham residents to "adopt" one of the city's storm drains or catch basins and pledge to keep it free of leaves, dirt, litter, and other 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.
Email questions and feedback to stormwatereducation@durhamnc.gov.