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Planning & Zoning Disclaimer |
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P & Z Home Commission and Board Members |
ONLINE DATA:
USER AGREEMENT, TERMS, AND CONDITIONS Limitation
of Use BY
USING THE ENCLOSED ELECTRONIC DOCUMENTS AND MAPS YOU
INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH THESE TERMS YOU MAY RETURN
TO YOUR PREVIOUS WEB LOCATION. The ABERDEEN MAPS (hereafter “map” or “maps”) provided under this Use Agreement are provided for public use, not sold. You obtain no rights other than those specifically granted to you under this agreement. THESE MAPS ARE NOT OFFICIAL MAPS. The term “maps” means the original and all whole or partial copies of them, including modified copies. The City of Aberdeen retains title to these maps. The maps provided under this Agreement may contain or be derived from portions of material provided by third parties. The City of Aberdeen has assumed the responsibility for selection of such materials. These electronic copies of maps are believed to be up-to-date but the City does not warranty their accuracy. Only maps on file in the Aberdeen Planning & Zoning Department under the control of Planning staff are deemed to be official. Use Agreement Under
this Use Agreement, you may: Legal Notice Communications
made through the Planning & Zoning Department’s Web
Site, e-mail and messaging system shall in no way be deemed
to constitute legal notice to or from the City of Aberdeen
or any of its agencies, officers, employees, agents, or
representatives, with respect to any existing or potential
claim or cause of action against the City or any of its
agencies, officers, employees, agents, or representatives,
where notice to or from the City is required by any federal,
state, or local laws, rules, or regulations. Limitation of Remedies The City of Aberdeen shall have no other liability with regard to the maps. City of Aberdeen does not warrant that the Maps will meet the requirements of users or that the Maps will be error free, or that Map defects will be corrected. The entire risk as to the quality and usefulness of the maps and the entire risk arising out of the use or performance of these Maps and documentation rests with the user. In no event shall City of Aberdeen, or anyone else involved in the creation, production or delivery of these Maps, be liable for any damages whatsoever whether in contract or in tort, including but not limited to lost profits, lost savings, lost data, business interruption, computer failure or malfunction, or other pecuniary loss or any direct, indirect or incidental damages or other economic consequential damages, or for any claim or demand against the City by any other party, arising out of the use or inability to use these Maps, even if City of Aberdeen, or anyone else involved in the creation, production or delivery of these Maps, has been advised of the possibility of such damages. The
limitation of remedies described in this Section also apply
to any third-party supplier of materials to City of
Aberdeen. The
limitations of liabilities of City of Aberdeen and its
third-party suppliers are not cumulative.
Each such third-party supplier is an intended
beneficiary of this Section. Restricted
Use; Copyright; City of Aberdeen; Planning Dept. Logotype
Information in the documents and maps may be subject to
restricted use policies, including copyrights.
The user is expected to consult each document for
further information. The
documents and maps are owned by City of Aberdeen and its
suppliers, and their structure, organization and code are
the valuable trade secrets of City of Aberdeen and its
suppliers. The
maps are also protected by United States Copyright Law and
International Treaty provisions. You must treat the maps just as you would any other
copyrighted material, such as a book.
You may not copy the maps except as set forth in this
Use Agreement. Any
copies that you are permitted to make pursuant to this
Agreement must contain the same copyright and other
proprietary notices that appear on or in the maps. You may not modify, adapt, translate, reverse engineer,
decompile, disassemble or otherwise attempt to change the
information on the maps.
Where the City of Aberdeen logotype appears on a
document, it shall not be removed or obscured.
It shall be clearly displayed on all copies or
reproductions of the document.
Except as stated above, this Agreement does not grant
you any intellectual property rights in the maps. Caution; Assumption of Risk All
parties understand and acknowledge that the data, text, and
mapped features contained in the City of Aberdeen Planning
& Zoning Department’s Web Site are subject to constant
change and their accuracy cannot be guaranteed. The
data contained in the maps: come from many diverse sources;
are actively being worked on by City of Aberdeen; are
subject to constant change; and may not be complete,
accurate or up-to-date.
The x-,y- coordinates may be in error by several
hundred feet or more. Layers
may have registration errors and not overlay each other
correctly. All
data is provided as is, with all faults, and without
warranty of any kind, either expressed or implied,
including, but not limited to the implied warranties of
merchantability and fitness for a particular purpose. The
data and mapped features are intended only to depict
approximate locations.
The maps may
not completely describe all land use restrictions on any
specific property. The City of Aberdeen does not warrant that the functions contained in the Web Site information will meet the requirements of the other party or that the operation of the Web Site will be uninterrupted or error free, or that Web Site data defects will be corrected. The entire risk as to quality, performance and usefulness of the data rests with the user. General You may terminate your Use Agreement at any time. City of Aberdeen may terminate your Use Agreement if you fail to comply with the terms and conditions of this Use Agreement. This Use Agreement is governed by the laws of the State of South Dakota, without reference to the choice of law provisions of South Dakota law. Acknowledgment You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this Agreement is the only agreement between you and City of Aberdeen and cannot be modified by any purchase orders, advertising or other representations by anyone, unless a written amendment has been signed by an authorized officer of City of Aberdeen. |
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