Access to and use of Access Oakland 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 PUSHING THE "I ACCEPT" 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 One-Stop Shop for a paper copy or by clicking on the
"Access Oakland User Agreement" hyper-text in Oakland County’s
Access Oakland web pages. Your continued use of the Access Oakland
website or request for Content from the Oakland County One Stop Shop
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. The current charges are detailed in the Access Oakland
Master Fee Schedule found in the Access Oakland web pages. This fee
schedule has been approved by the Oakland County Board of
Commissioners.
- 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.
If You access digital Content through the Oakland County One-Stop
Shop, use of this digital Content is restricted to Your internal
business purposes and the Content shall not be copied or distributed
to third parties. If You make a printout and/or download online
and/or obtain digital Content through the Oakland County One Stop
Shop, the County and applicable third parties shall retain all rights
in this material. 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 pushing the "I
Accept" 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.
I have reviewed the content of the Access Oakland User Agreement and
agree to the conditions set forth within.
|