Benton County Geographic Information System Data Disclaimer

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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
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