Benton County Geographic Information System Disclaimer 1. Purpose: The purpose of this disclaimer is to relieve Benton County, hereinafter “County” and its respective officers, agents, and employees of any liability for any and all damages resulting from the use or mis-use of the Geographic Information System Data (GIS Data) obtained from Benton County. The geographic information was developed and is being developed with a significant expenditure of public funds. 2. Disclaimers & Liability: The GIS Data is made available subject to the following limitations and restrictions: a. This web-based Geographic Information System (GIS) site provides access to information to be used for reference purposes only. The GIS Data is a compilation of records, information, and data located in various city, county, and state offices and other sources. It does not replace or modify site surveys, deeds, and other conveyances, original and as built engineering plans, and other drawings and/or legal documents that establish land ownership, land use, or on-site structure location. b. GIS Data is maintained by County for its intended uses by County and may be inaccurate for other uses, and any person or entity seeking GIS Data from County expressly assumes that risk. c. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THE GIS DATA ARE DISCLAIMED. d. THE GIS DATA AND ANY ASSOCIATED MANUALS, REFERENCE MATERIALS, AND TECHNICAL DOCUMENTATION (IF ANY) ARE PROVIDED “AS IS” WITHOUT ANY SUPPORT WHATSOEVER AND WITHOUT WARRANTY AS TO THEIR PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE GIS DATA IS ASSUMED BY THE END USER. e. THE COUNTY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES OR ANY THIRD PARTY CLAIMS WHICH MAY RESULT FROM THE USE OF THE GIS DATA. f. Except for the limitations under the warranty provisions of Section 2, the County’s liability is governed by Minnesota Statutes Chapter 466 and other applicable law. Nothing in this disclaimer shall be construed as a waiver on the part of the County’s of any immunities or limits on liability provided by Minnesota Statutes Chapter 466, or other applicable state or federal law, rule, or regulation. 3. Fees a. Fees: For use of the GIS Data, the end user shall pay the fee determined under County’s Fee Schedule as it may from time to time be amended. The full amount of the fee shall be paid before data is released. b. Updates: Nothing herein shall be interpreted to preclude or affect the right of the County to charge for additions or updates to the GIS Data whether or not such addition or updates contain the same or all of a GIS Data previously released. Acknowledgment of receipt of this disclaimer: DATED: ________________________ BY: ______________________________________________________________________ Signed ______________________________________________________________________ Print Name ______________________________________________________________________ Title & Organization