The party (“Requestor”) downloading the product(s)
and/or data or information thereon, (“Data”), from the County of Arapahoe, Colorado, (“County”), hereby acknowledges and accepts the following terms and conditions. Requestor in accepting Data from County hereby acknowledges the limitations of such Data and the restrictions on its
use:
The Data being provided is intended to comply with the Colorado Open Records Act. The Data is protected by the copyright laws of the United States of America and is being furnished with all rights reserved.
The Data which is the subject of this
Agreement, and which is generally referred to as geographic information systems or GIS data, has been developed solely for internal use only by County, and County makes no warranties, representations or guarantees, either expressed or implied, as to the completeness, accuracy or correctness of the Data, nor accepts or assumes any liability arising from or for any incorrect, incomplete or misleading Data provided pursuant to this request.
There are no warranties and/or representations, either expressed or implied, of merchantability or fitness of the Data for a particular purpose or use.
County is not responsible for incidental,
consequential, or special damages arising from the use of the Data provided to Requestor. Requestor agrees that the Data shall be used and relied upon only at the risk of Requestor. Requestor agrees to indemnify and hold
harmless County, its officials (elected or appointed), officers, employees,
servants and agents from any and all liability, claims, losses, damages,
injuries, costs and attorney fees arising out of procuring, compiling,
collecting, interpreting, producing or communicating the Data which is the
subject of this Agreement.
Requestor warrants and represents to County that he/she/it has full power, right and authority to enter into, and where applicable, to act as agent for Requestor and to be bound to perform all
the terms and conditions pursuant to this request for Data.
This Agreement embodies the entire agreement between the parties. The parties shall not be bound by or liable for any statement, representation, promise, inducement, or understanding of any kind or nature not contained herein. No amendments, changes, modifications of any of the terms and conditions of this Agreement shall be valid unless reduced to writing and signed by the parties. This Agreement is not assignable under any
circumstances whatsoever. All of the terms and conditions of this Agreement shall remain in full force and effect and apply to any changes, updates, revisions or amendments to the Data, which are the subject of this Agreement.
Requestor shall immediately notify County in writing of any and all defects, errors, inaccuracies or any other problems with the Data discovered by Requestor.