TERMS AND CONDITIONS OF USE

The following TERMS OF USE govern your use of the Cuyahoga County GIS website (gis.cuyahogacounty.us) and the information contained within it. You, the user, must agree to abide by all of the terms outlined below as a condition of your access or use of the Site. Cuyahoga County and all of its departments and agencies (collectively “Cuyahoga County”) reserve the right to revise these Terms and Conditions at any time. You should view this page periodically to review the Terms and Conditions, since they are binding on you, the user. This Site and any of its services are provided subject to compliance with these terms and conditions of use.

BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE CUYAHOGA COUNTY’S PERMISSION TO ACCESS, VIEW, USE OR LINK TO ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE IS STRICTLY PROHIBITED.

 

Intellectual Property
Website Contents
No Represenatation and Warranties
Security
Privacy Policy
Notification of Copyright Infringment (DMCA Notice)
Choice of Law
Hyperlinks
Submissions
Reservation of Rights
Indemnification
Disclaimer

Intellectual Property

The Site, its text, visual imagery, press releases, trademarks, service marks, logos, icons, buttons, data, website design and other information are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws and are owned by Cuyahoga County or used under license from the copyright owner. The contents of the Site are only for your personal, informational and noncommercial use. The information may not, except under written license, be copied, transmitted, reproduced, performed, displayed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner with out Cuyahoga County's prior written consent, except to the extent such use is authorized under the United States copyright laws. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. No right to use, copy, publish, transmit or modify the copyrighted content, message or non-literal elements of the Site including, without limitation, its appearance, is granted to you; all such rights are reserved exclusively to Cuyahoga County.

Website Contents

The content assembled on the website is derived mostly from various internal sources, with additional content from external sources that provide such content and/or information to the website. Cuyahoga County is not responsible in any way or manner for the use made of the information located in and/or the maps produced from the website.
It is possible to produce printable maps, extract data, and various GIS maps by means of tools found on the Site. Use of the tools is at the user's responsibility. The site, maps and the information contained therein are at this stage offered as a free service to visitors and/or users of the information available at the site and at their own responsibility. No contractual or other obligation exists between the site and the user and the very use of the Site does not create any legal relationship whatsoever between the site and the visitors and/or users thereof.
It is stressed that notwithstanding the efforts and endeavors to provide updated information that is as current as possible, subject to security and/or geographic and/or financial restrictions, the information on the Site may be inaccurate or not current and Cuyahoga County is not responsible for damages that may be caused to visitors to the site or its users or to their property resulting from using information found at the site.

No Representations and Warranties

CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CUYAHOGA COUNTY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR DATA OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. CUYAHOGA COUNTY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSION IN ANY PORTION OF THE SITE. CUYAHOGA COUNTY DISCLAIMS ANY DUTY TO UPDATE THE SITE. CUYAHOGA COUNTY MAY MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIAL ON THE SITE AND THE SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OF WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.

Security

You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that you transmit to the Site. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Cuyahoga County will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Cuyahoga County considers insecure, Cuyahoga County will be entitled to require the password to be changed and/or terminate your account.
You understand that Cuyahoga County cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Cuyahoga County reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Cuyahoga County reserves the right to investigate suspected violations of these Terms of Use.

Privacy Policy

Cuyahoga County recognizes and respects the privacy of users of this Site. Cuyahoga County will act in a responsible manner with the information you have provided about yourself. Cuyahoga County may store and disclose personal information as allowed or required by applicable law, including making disclosures that are necessary or advisable to (a) protect the rights, safety, or property of Cuyahoga County or others and (b) conform to legal or regulatory requirements. Without your expressed approval, however, Cuyahoga County will not trade, sell, or rent your personal information but may collect and/or provide aggregate statistics about its Site and users to other parties. Cuyahoga County has no intention of collecting any personal data from individuals under 13 years of age. When you view certain parts of the Site, information may be stored on your computer. This information will be in the form of a "Cookie" or similar file and will permit tailoring of the Site to better match your interests and/or preferences. This Site, however, contains links to other websites and Cuyahoga County does not control the privacy policies of those sites. This privacy statement only applies to information collected and maintained by Cuyahoga County.
Cuyahoga County reserves the right to change its Privacy Policy and invites you to check this posted Privacy Policy periodically for any changes.
If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the Site immediately.

Notification of Copyright Infringement (DMCA Notice)

Notices of alleged copyright infringement will be promptly processed and investigated and Cuyahoga County will take appropriate action under the Digital Millennium Copyright Act of 1998 (DMCA, Title 17, U.S.C, Section 512(c)(2)) and other applicable intellectual property laws.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to the Cuyahoga County's Designated Agent, of whom can be reached at gis@cuyahogacounty.us

The Designated Agent should only be contacted if you believe that your work has been used in a way that constitutes copyright infringement. All other inquiries directed to the Designated Agent will not be responded to and should be made through our regular feedback procedure. Please note that you may be liable for damages (including attorney's fee and other costs) for material misrepresentation relating to a claim of copyright infringement.
To be effective under the DMCA, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cuyahoga County to locate the material;
  4. Information reasonably sufficient to permit Cuyahoga County to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Choice of Law

You agree these Terms of Use shall be governed by and construed in accordance with the laws of Cuyahoga County and the State of Ohio, without regard to its conflict of laws provisions. You further agree that any action at law arising out of or relating to these Terms of Use shall be filed, and that venue properly lies, only in state or federal courts located in Cleveland, Ohio.

Hyperlinks

This web site may contain links to other sites. We are not responsible for the privacy policies and practices of these other sites. This privacy statement applies solely to information collected from our web site. Hyperlinks are to be accessed at your own risk, and Cuyahoga County makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Cuyahoga County of that site.

Submissions

You hereby grant to Cuyahoga County the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information submitted to Cuyahoga County through this Site (together, the “submission”), and to incorporate any submission in other works in any form, media, or technology now known or later developed. Cuyahoga County will not be required to treat any Submission as confidential, and may use any submission in it business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Cuyahoga County operations. Any personal identifiable information you may provide to Cuyahoga County via this Site is protected by the Privacy Policy stated above.

Reservation of Rights

Cuyahoga County reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Cuyahoga County nor any third party that provides content to Cuyahoga County will assume or have any liability for any action or inaction by Cuyahoga County or such third party with respect to any submission.
Cuyahoga County reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Cuyahoga County to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CUYAHOGA COUNTY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CUYAHOGA COUNTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CUYAHOGA COUNTY OR LAW ENFORCEMENT AUTHORITIES.

Indemnification

You agree to indemnify, hold harmless and defend Cuyahoga County, its commissioners, directors, officers, contractors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) your use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You.

Disclaimer

Cuyahoga County does not assume any responsibility or risk for your use of the Internet. You also agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Cuyahoga County may undertake from time to time; or (c) causes beyond the control of Cuyahoga County, whether or not foreseeable.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site. YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.