Access to and use of the Lapeer County Internet Access site is subject to the terms and conditions of the User Agreement and all applicable laws and regulations, including laws and regulations governing copyrights and trademarks. For the purposes of this User Agreement, the County of Lapeer shall be referred to as the “County” and you, the User, will be referred to as “You” (including the possessive “Your”), and the “User”.

By pushing the “I ACCEPT” button and accessing the services, you accept without limitation or qualification, all of the terms and conditions in this user agreement. The county reserves the right to change these terms and conditions and the prices charged for Services at any time. Changes to the terms of this Agreement and charges for Services will only apply to future uses of the Services.

Ownership and Proprietary Rights. All of the products and Services, including but not limited to test data, photographs, maps, images, graphics, audio 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 and are protected by copyright, trademark, and other intellectual property laws. In connection with those products and Services, you agree to the following:

a.      When accessing the Content, you may print a copy (hereinafter “printout”) of any accessed information, provided that the use of this printout is restricted to your internal business purposes and is not copied or distributed to third parties. If the County’s program permits the downloading of any accessed information, the use of the downloaded information restricted to your internal business purposes, and shall not be copied or distributed to third parties. If a printout or download is made, the County and applicable third parties shall retain all rights in this material and such a printout and/or download shall retain any copyright or other notices contained in that Content. You understand and agree that the pricing of the information and services provided by the County is based upon the granting of a limited license to use this data, and 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 data.

b.     You will abide by restrictions set forth on the Site with respect to 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 thereof, 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 permission of the County or 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.       YOU AGREE THAT 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.

Indemnification. You hereby agree to indemnify and hold harmless the County and our 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. Notwithstanding your indemnification obligation, the County reserves the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

 

 

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The County uses reasonable efforts to provide accurate and up to date information. YOU AGREE THAT ALL USE OF THESE SERVICES IS AT YOUR OWN RISK, AND THAT THE COUNTY WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT OF ITS SERVICES.

THE SERVICES ARE PROVIDED “AS IS” AND THE COUNTY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR 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 SERVICES. THE COUNTY DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE  NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION.

IN NO EVENT SHALL THE COUNTY BE LIABLE FOR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE COUNTY SERVICES.

THE INFORMATION, DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER 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 CONTENT(S) DESCRIBED HEREIN AT ANY TIME.

This is an offer to provide Services and acceptance is expressly conditioned upon your acceptance of these terms and only these terms. Your acceptance of this Agreement is demonstrated by your pushing the “I Accept” button on the bottom of this screen. 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 Agree        I DO NOT Agree