Access to and use of CLEMIS Products, Data and Services ("Content") provided by the
County of Oakland are subject to the terms and conditions of this User Agreement and
all applicable laws and regulations, including laws and regulations governing copyrights,
patents, trade secrets and trademarks. For the purposes of this User Agreement,
the County of Oakland shall be referred to as the "County", and you, the User,
including any of your employees or agents, will be referred to as "You" (including the possessive "Your")
and the "User". This User Agreement applies regardless of:
1) the method You use to access the Content;
2) the media on which the Content is presented, stored or made available to You; and
3) the services provided by the County to assist You in obtaining the Content.
1. BY EITHER SIGNING BELOW (IF YOU HAVE A PAPER COPY OF THIS AGREEMENT) OR BY CLICKING THE "I AGREE" BUTTON (IF YOU HAVE AN ELECTRONIC COPY OF THIS AGREEMENT) AND ACCESSING THE CONTENT, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
2. You agree that Your acceptance obligates You to pay for access to the Content. This includes an obligation to pay the charges incurred by third parties, whether they are Your agents or otherwise, who access the Content through Your account. The County reserves the right to change these terms and conditions and the prices charged for the Content at any time.
Changes to the terms of this Agreement and charges for the Content will only apply to future uses of the Content. You may check for updates to this Agreement by asking the Oakland County CLEMIS for a paper copy. Your continued use of the CLEMIS website or request for Content from the Oakland County CLEMIS after updates to this Agreement have been posted or incurring charges for Content after updates to this Agreement have been posted will constitute Your agreement to those terms or changes. The County additionally reserves the right to modify or discontinue, at any time, any Content, without notice or liability.
3. Liability for charges incurred for access to the Content. By accepting this Agreement and accessing the Content, You agree to pay the charges established by the County for this Content.
4. Ownership and Proprietary Rights. All of the Products, Data and Services, including but not limited to text, data, photographs, maps, images, graphics, audio and video clips, trademarks, logos and service marks (collectively, the "Content"), are owned by the County or licensed to the County by third-parties who own the Content. The Content is protected by copyright, trademark and other intellectual property laws. In connection with the Content, You agree that:
a. When accessing the Content, You may print a copy ("printout") of any accessed Content, provided its use is restricted to Your internal business purposes, and You do not copy or distribute the printout for a fee to third parties. If the County’s program permits the downloading of any accessed Content, use of this downloaded Content is restricted to Your internal business purposes, and the Content shall not be copied or distributed to third parties. You must retain any copyright or other notices contained in the printout or download of the Content. You understand and agree that the pricing of the Content and its use is based upon the County granting You a limited license to use this Content. You further agree that You will not produce a product with the Content that in any manner conflicts or competes with the County’s use of this Content.
b. You will abide by restrictions set forth in this Agreement with respect to any of the Content.
c. You will not in any way violate the intellectual property laws protecting the Content, including (but not limited to) by copying (except as expressly set forth herein), modifying, publishing, transmitting, creating derivative works from, transferring, or selling the Content. You may not distribute the Content or any portion of it, whether over the Internet or otherwise, and whether or not for payment.
d. You will not reuse, republish or otherwise distribute the Content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of the County or the copyright holder.
e. You will cooperate promptly and completely with any reasonable request by the County related to an investigation of infringement of copyright or other proprietary right.
f. THE MATERIAL YOU ARE ACCESSING CONSTITUTES THE TRADE SECRETS AND INTELLECTUAL PROPERTY OF THE COUNTY AND YOU WILL CAUSE IRREPARABLE HARM TO THE COUNTY IF THIS MATERIAL IS USED IN VIOLATION OF THIS AGREEMENT.
5. Indemnification. You agree to indemnify and hold harmless the County, and the County's respective officials, agencies, officers, subsidiaries, employees, licensors and agents, from and against any and all liability, loss, claims, damages, costs and/or actions (including attorneys' fees) based upon or arising out of any breach by You of Your obligations under this Agreement including, by way of example and not limitation, any claim or cause of action, of any type, that may be or is alleged to have arisen out of Your use of the Content under any special additional license or permission, related to the Content, that the County may grant to You. Notwithstanding Your indemnification obligation, the County reserves the right to defend any such claim and You agree to provide the County with such reasonable cooperation and information as the County may request.
6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: WHILE THE COUNTY USES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP TO DATE INFORMATION, MUCH OF THE INFORMATION PROVIDED IS GATHERED BY THIRD PARTIES AND HAS NOT BEEN INDEPENDENTLY VERIFIED BY THE COUNTY. YOU AGREE THAT ALL USE OF THE CONTENT IS AT YOUR OWN RISK, AND THAT THE COUNTY WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT OR FOR THE COUNTY'S SERVICES IN MAKING THE CONTENT AVAILABLE TO YOU.
7. THE CONTENT IS PROVIDED "AS IS", AND THE COUNTY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE CONTENT. THE COUNTY DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE CONTENT WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION.
8. IN NO EVENT SHALL THE COUNTY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE COUNTY.
9. THE INFORMATION, DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN THIS CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE COUNTY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AND/OR THE CONTENT(S) DESCRIBED HEREIN AT ANY TIME.
10. This is an offer to provide the Content, and acceptance is expressly conditioned upon Your acceptance of these terms and only these terms. Your acceptance of this Agreement is demonstrated by Your signature below (if You have a paper copy) or by clicking the "I Agree" button (if You have an electronic version.) This Agreement represents the entire agreement between You (the User) and the County, and supersedes any and all other communications, prior, contemporaneous or subsequent.