Access Oakland Products, Data and Services ("Content") are provided to You,
the User, for Your personal use or for Your internal business use only. Access to and use
of Access Oakland 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. YOU AGREE THAT YOU WILL ACCESS THE
CONTENT FOR YOUR PERSONAL USE OR FOR YOUR INTERNAL BUSINESS PURPOSES ONLY.
- 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 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 access to this Content. The current charges are detailed in the Access Oakland
Master Fee Structure. This fee structure 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 when accessing the Content:
For purposes of this Agreement, "third parties" includes parent companies, affiliates, and subsidiaries.
- 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 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 purchase or 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, download and/or obtain digital Content through the
Oakland County One Stop Shop, the County and applicable third parties shall retain
all rights in this Content. You must retain any copyright or other notices contained
in the printout or digital Content.
- You understand and agree that the pricing for access to 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,
in the sole discretion of the County, conflicts or competes with the County's use of this Content,
except pursuant to Section 4(d).
- You will abide by restrictions set forth in this Agreement with respect to any of the Content.
- You will not in any way violate the intellectual property laws protecting the Content,
including (but not limited to) by copying (except as expressly permitted herein),
modifying, publishing, transmitting, creating derivative works from, transferring,
or selling the Content. Even if You do not charge a fee or accept payment, You may not
distribute the Content or any portion of it, whether over the Internet or otherwise.
- 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.
- 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.
- THE CONTENT YOU ARE ACCESSING CONSTITUTES THE TRADE SECRETS AND INTELLECTUAL PROPERTY
OF THE COUNTY AND YOU WILL CAUSE IRREPARABLE HARM TO THE COUNTY IF THE CONTENT 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 at its sole discretion 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 CONTENT, 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
- 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 IN CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT 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. THE COUNTY MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CONTENT 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.