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accept the terms of the following disclaimer
ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
1. THE SITE AND ITS USE
This web site is owned and provided by The Board of Commissioners of the County of Allen (“Allen County”) from its offices in Fort Wayne, Indiana. This Site is provided for your personal information and/or commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws.
You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or data which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Allen County’s prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in Allen County’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
The Site contains information and material, including but not limited to, text, orthophotography, data, maps, graphics, (collectively "Products") which are derived in whole or in part from information and materials supplied by Allen County and other sources. You acknowledge and agree that the Products and all copies thereof and the data within them are proprietary to, copyrighted by, and may contain trade secrets of Allen County. The modification of any Product(s) is strictly prohibited, without prior written approval. The use of any such Products on any other Web site or networked computer or environment is also prohibited, without Allen County’s express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates.
2. DISCLAIMER
THE SITE, PRODUCTS, DOCUMENTS, INFORMATION AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, TITLE OR FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH STRICT ACCURACY STANDARDS HAVE BEEN EMPLOYED IN THE COMPILATION OF THE DATA AND ELECTRONIC MAP, ALLEN COUNTY DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED HEREIN AND DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM ANY ERROR OR OMISSION IN THE MAP AND DATA. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH PRODUCTS, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
ALLEN COUNTY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY PRODUCTS FROM THE SITE.
ALLEN COUNTY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSES. WHILE ALLEN COUNTY MAKES EVERY EFFORT TO ENSURE THE ACCURACY OF THE INFORMATION PROVIDED ON ITS WEB SITE, DUE TO THE POSSIBILITY OF TRANSMISSION ERRORS, HTML BROWSER CAPABILITIES, CHANGES MADE SINCE THE LAST UPDATE TO THE SITE, ETC., NEITHER ALLEN COUNTY, NOR ANY AGENCY, OFFICER, OR EMPLOYEE OF ALLEN COUNTY WARRANTS THE ACCUARCY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION PUBLISHED BY THIS SYSTEM.
FURTHERMORE, ALLEN COUNTY SHALL NOT BE HELD LIABLE FOR ANY LOSSES CAUSED BY RELIANCE ON THE ACCURACY, RELIABILITY, OR TIMELINESS OF SUCH INFORMATION. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED ON THIS SERVER. ALLEN COUNTY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENTS AND/OR THE PROGRAM(S) CONTAINED HEREIN AT ANY TIME WITHOUT NOTICE.
ALLEN COUNTY PARCEL MAPS ARE FOR TAX AND REAL PROPERTY LISTING PURPOSES ONLY AND DO NOT REPRESENT A SURVEY. THE TAX PARCEL MAPS ARE COMPILED FROM OFFICIAL RECORDS, INCLUDING SURVEY PLATS AND DEEDS, BUT ONLY CONTAIN THE INFORMATION REQUIRED FOR ALLEN COUNTY BUSINESS. YOU SHOULD ALWAYS USE THE ORIGINAL RECORDED DOCUMENTS FOR LEGAL OR SURVEY INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE WEB SITE IS AT THE USER'S SOLE RISK.
3. THIRD-PARTY SITES
Allen County may provide, as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-Allen County Web site does not mean that Allen County endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. Allen County makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of the products and services described thereon. The links may take you away from Allen County’s Web site. The linked sites are not under the control of Allen County.
4. THIRD-PARTY CONTENT
Any opinions, statements, services, data, graphics, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Allen County.
5. LIMITATIONS OF LIABILITY
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE PRODUCTS CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL ALLEN COUNTY, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ALLEN COUNTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALLEN COUNTY SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH THIS WEB SITE, WHETHER IN CONTRACT OR TORT, MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
6. INFORMATION PROVIDED BY YOU
This site may not be secure. Accordingly, Allen County does not want you to, and you should not, send any confidential or proprietary information to Allen County through the Site unless specifically requested by Allen County. Any unsolicited information or material sent to Allen County will not be deemed confidential or proprietary. By submitting information and material to the Site, you automatically grant to Allen County (or warrant that the owner of such information and material has expressly granted to Allen County) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Allen County is free to use any ideas, concepts, know-how, or techniques that you send it for any purpose.
As further provided above, Allen County does not want to receive, and you are deemed to agree through the use of the Site not to provide, any information or materials to Allen County that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
7. CHANGES
Allen County reserves the right, in its sole discretion, to revise these terms and conditions at any time and correct any errors or omissions in any portion of the Site and Products. Products may also be changed, modified, added, or removed and updated without notice at any time; however, Allen County is under no obligation to update Products. Allen County may also make changes in the Products, services, or prices described in the Site at any time without notice. Your continued use of the Site after any change Allen County makes to the Site will be considered acceptance of those changes. You should review these Terms from time to time because they are binding on you.
8. LINKING TO SITE
Anyone linking to Allen County’s Site must comply with Allen County’s guidelines for linking to Allen County’s Site and all applicable laws.
9. INTERNATIONAL USERS
The Site is administered by Allen County from its offices in the United States. Allen County makes no representation that the Products at the Site are appropriate or available for use at other locations outside of the United States. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
10. PURCHASE OF PRODUCTS
In order to purchase Products (electronic data or other products) offered on this Web Site, you must go through the data exchange link and agree to the “Electronic Map Limited License Agreement” and pay the applicable fees.
In order to have unlimited access to GIS data, tax, and parcel information for viewing and printing, you must go through the Subscription Access link and agree to the “Allen County Subscription for Enhanced Access Agreement” and pay the applicable fee.
11. SEVERABILITY
You and Allen County agree that if any provision of these Terms is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of these Terms.
12. GOVERNING LAW
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Indiana, and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts laws) of the State of Indiana and that in the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in the Allen Superior Court located in Allen County, Indiana.
13. ENTIRE AGREEMENT
These Terms set forth herein and the Allen County Privacy Statement constitute the entire agreement between Allen County and you with respect to your use of the Site.
You acknowledge that you have read, or have had the opportunity to read, these Terms. In the event a provision of these Terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms to be construed against a party hereto.
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