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Liability Disclaimer And User Agreement

GENERAL:

This website is offered to you, the user ("User"), conditioned upon your acceptance of the terms, conditions, and notices contained herein, without modification. User access to and use of this website constitutes acceptance of these terms and conditions.

Deschutes County owns this website and makes it available as a public service. Government personnel and the general public may use this system to review and retrieve publicly available county information. User agrees to use this website in accordance with applicable local, state, and federal laws.

Everyone using this system understands and expressly consents to administrative monitoring of system use at all times. You (User) are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you (User) do not wish to consent to monitoring, exit this system now.

DISCLAIMER OF LIABILITY AND RELIABILITY:

In preparation of this website, including without limitation every page accessible throughout, every effort has been made to offer the most current, accurate, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Deschutes County disclaims any responsibility for typographical errors and inaccuracy of the information that may be contained on the Deschutes County website. The information and data included on the Deschutes County website have been compiled by Deschutes County staff from a variety of sources, and are subject to change without notice to the User. Deschutes 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 Deschutes County differ from the text contained in this system, the official printed documents shall take precedence. The services, information, and data made available at the Deschutes County website are provided "as is" without warranties of any kind. Deschutes County makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this website, including all content 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.

LINKS TO THIRD PARTIES' WEBSITES:

There are links and pointers to third party Internet websites contained in Deschutes County's website. These websites linked from the Deschutes County website are not under the County's control. Deschutes County does not assume any responsibility or liability for any information, communications or materials available at such linked websites, or at any link contained in a linked website. Deschutes County does not intend these third party links to be referrals or endorsements of the linked entities by the County, and are provided for convenience only. Each individual website has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers.

DISCLAIMER OF DAMAGES:

By using the Deschutes County website, the User assumes all risks associated with the use of this website, including any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via the Deschutes County website or User's access to it. Deschutes County shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, 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 Deschutes County website or with the delay or inability to use this website, or from any information, documents, services, software, or other material obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Deschutes County and/or any of its employees or agents has been advised of the possibility of damages. Deschutes County shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon information furnished.

DISCLAIMER OF ASSOCIATION WITH USER:

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Deschutes County as a result of this Agreement or use of this website. User agrees not to hold himself or herself out as a representative, agent, or employee of Deschutes County and Deschutes 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 Deschutes County. The views and opinions of authors expressed herein do not necessarily state or reflect those of Deschutes County, and shall not be used for advertising or product endorsement purposes.

DISCLOSURE OF INFORMATION ABOUT USER:

Information provided exclusively to Deschutes 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 or confidentiality. By way of example, and not as a limitation, Deschutes County will, whenever possible, endeavor 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. However, this effort will be subject to the provisions of Oregon's public records law.

USE OF BULLETIN BOARD, OR ANY OTHER COMMUNICATION OR INTERACTIVE FORUMS:

To the extent that this website contains or may in the future contain bulletin boards, discussion webs, or other message, interactive or communication facilities involving Deschutes County and other users ("Forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:

  1. Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
  2. Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent, abusive or unlawful material or information.
  3. Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
  4. Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this website or the operation of another's computer system, network, software, program, documentation or data contained therein.
  5. Knowingly accessing or attempting to access or use Deschutes County's computer system, computer network, or any part thereof, including this website, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time by Deschutes County, and applicable law.

Deschutes County reserves the right to remove any contents of this website received from users for violations of Deschutes County forum use policies and other applicable regulations and law, including violations of others' constitutional rights. Deschutes County reserves the right to edit any notices or postings for length if and when such length interferes with other users' access to and use of this forum.

The User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications' forums hosted by this website are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by Deschutes County, and such communications shall not be considered reviewed, screened, or approved by Deschutes County.

INDEMNITY:

As a condition of use of Deschutes County's website, the User agrees to indemnify Deschutes 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 website, including without limitation 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, USA. User consents to the exclusive jurisdiction and venue of the Circuit Court of the State of Oregon for Deschutes County, and the Federal District Court for the District of Oregon, USA in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Deschutes County's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Deschutes County's right to comply with law enforcement requests or requirements relating to the User's use of this website or information provided to or gathered by Deschutes 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 effect. If and to the extent such invalid provision cannot be superseded by a valid, enforceable provision, then it shall be stricken from the Agreement and the remaining provisions shall nonetheless remain valid and enforceable.

CLOSING OF AGREEMENT:

This Agreement constitutes the entire agreement between the User and Deschutes County with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Deschutes County with respect to this website. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; 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.
 

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