Liability Disclaimer & User Agreement
General
This is a Linn County computer system, provided as a public service. Government personnel and the general public may use this system to review and retrieve publicly available government information.
This Web site is offered to you, the user ("User"), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification.
User access and use of this site constitutes acceptance of these terms and conditions:
- User hereby agrees to use this Web site as permitted by applicable local, state, and federal laws. User shall not:
- Knowingly and without authorization, alter, damage, or destroy Linn County's or another user's computer system, network, software, program, documentation or data contained therein
- Use this service to conduct or attempt to conduct any business or activity that is prohibited by law, or solicit the performance of any activity that is prohibited by law.
- In addition, taking any action which results in blocking access to this Website to other Users will be deemed an unauthorized use.
- Anyone using this system expressly consents to administrative monitoring at all times. The User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If the User does not wish to consent to monitoring, please exit this system now.
Disclaimer of Liability and Reliability
Every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. Linn County disclaims, without limitation, any responsibility for typographical errors and accuracy of the information that may be contained on Linn County Web pages.
The information and data included on Linn County servers has been compiled by Linn County staff from a variety of sources, and are subject to change without notice to the User. Linn County makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.
In any situation where the official printed publications of Linn County differ from the text contained on the Linn County Web pages, the official printed documents shall control. The services, information, and data made available on the Linn County website are provided "as is" without warranties of any kind.
Linn County makes no representations or warranties regarding the condition or functionality of this Web site, its suitability for use, or that this Web Service will be uninterrupted or error-free.
If misleading, inaccurate, or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Such concerns should be addressed to the page sponsor listed on each Web page.
Links to Third Parties' Web Sites
There are links to Third Party Internet websites contained in Linn County's website. These Third Party sites are not under the County's control. Linn County does not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link(s) contained in Third Party site(s). Any and all Third Party links shall not be construed to be referrals or endorsements of the linked entities by the County, and are provided for convenience only.
Please be advised, each Third Party site may have its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of Third Party links.
Disclaimer of Damages
By using Linn County Web pages, the User assumes all risks associated with the use of this site, including, but not limited to, any risk to User's computer, software or data that may be damaged by any virus, software, or any other file(s) which may be transmitted or activated via a Linn County Web page or User's access to it.
Linn County shall not , in any circumstances, be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, but not limited to, lost revenues, or lost profits, arising out of, or in any way connected with, the use or misuse of the information or lack of information on the Linn County web site or with the delay or inability to use this web site, or from any information, documents, services, software, or other material obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, regardless of whether Linn County and/or any of its employees/affiliates has been advised of the possibility of damages.
Linn County shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or events beyond its control, including, but not limited to, any errors, omissions or inaccuracies in the information, regardless of how caused, or any action taken or not taken by the User in reliance upon the information furnished.
Disclaimer of Association with User
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Linn County as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Linn County and Linn County shall not be liable for any representation, act or omission of the User.
Disclaimer of Endorsement
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Linn County. The views and opinions of authors expressed herein do not necessarily state or reflect those of Linn County, and shall not be used for advertising or product endorsement purposes.
Disclosure of Information about User
Information provided exclusively to Linn County by a User through this Website may be subject to Oregon's public records law and other state and federal laws governing records disclosure/confidentiality for public entities. By way of example, and not as a limitation, Linn County will, whenever possible, seek to keep personal information about a user confidential if public disclosure would lead to an unreasonable invasion of privacy, unless a third party sufficiently demonstrates that the public interest requires disclosure under particular circumstances.
Indemnity
By using the Linn County's Web site, the User agrees to indemnify Linn County, its Commissioners, officers, employees and agents against any and all liability, expenses (including attorney's fees), and damages arising out of claims resulting from User's use of this Web site, including, but not limited to, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
Jurisdiction
This Agreement is governed by the laws of the State of Oregon. User consents to the exclusive jurisdiction and venue of courts in Linn County, Oregon. In all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Linn County's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Linn County's right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Linn County with respect to such use.
Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.
Closing of Agreement
This Agreement constitutes the entire agreement between the User and Linn County with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Linn County with respect to this Web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
