Access to, and use of, any web service (hereinafter “Service”) provided by Buffalo County is subject to the terms and conditions of this Disclaimer and all applicable laws and regulations, including laws and regulations governing copyrights and trademarks.  For the purposes of this disclaimer, any reference to the “County” shall mean Buffalo County, and you, the user, will be referred to as “you” (including the possessive “your”) or the “user”.

Your acceptance of these terms and conditions obligates you to pay for access to any service provided on this site for which a fee may exist.  This includes an obligation to pay the charges incurred by third parties, whether they are your agents or otherwise, who access this Service through your account.  Buffalo County reserves the right to change the terms and conditions and the prices they may charge for Service at any time.  A current version of this Disclaimer can be viewed anytime by clicking on the “Disclaimer” icon which appears on your screen.  Your continued use of this site and this Service after the posting of updates or revised charges for Service, will constitute your agreement to those terms or charges, as modified.  The County additionally reserves the right to modify or discontinue any service without notice or liability.

 General Disclaimer of Liability

 Neither Buffalo County nor any of its employees shall be held liable for any improper or incorrect use of the information described and/or contained herein, nor does Buffalo County or any of its employees assume any responsibility for anyone’s use of the information.  In no event shall Buffalo County or its employees, agents or officials, be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage.  This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Disclaimer on Accuracy and Completeness of Information

 While Buffalo County uses reasonable efforts to provide accurate and up-to-date information, some of the information provided is gathered by third parties and has not been independently verified by the County.  You agree that all use of these services is at your own risk, and that the County will not be held liable for any errors or omissions contained in the content of its services.

Although the information found on this system has been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information.  This disclaimer applies to both isolated and aggregate uses of information.  Buffalo County provides this information on an “as is” basis and expressly disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information.  Buffalo County does not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information.  Buffalo County assumes no liability or responsibility for the quality, content, accuracy, or completeness of the information, text, graphics, links and any other items contained on this service or any other system or service.  The materials contained on this service have been compiled from a variety of sources and are subject to change without notice.  Commercial use or sale of the materials contained on this service is prohibited without the express written consent of Buffalo County.  Changes may periodically be made to the information and these changes may or may not be incorporated in any new version of the publication.  If you have obtained information from a source other than this site, be aware that electronic data can be altered subsequent to original distribution.  Data can also quickly become out-of-date.

In no event shall Buffalo County be liable for any special, indirect or consequential damages or any damages whatsoever, whether direct, indirect, consequential, incidental or special, or any claim for attorney’s fees resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with, the use or performance of information available from the County, or the inability to use the information on this service, even if Buffalo County is advised of the possibility of such damages.

The information, documents and related graphics published on this server could include technical inaccuracies or typographical errors.  Changes are periodically made to the information herein.  Buffalo County may make improvements and/or changes in the services and/or the content(s) described herein at any time. 

Disclaimer for External Links

 Buffalo County is not responsible for the contents of any off-site pages referenced.  The user specifically acknowledges that the County is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user.  A link from the County to another site does not constitute an endorsement from the County.  These links are provided as an information service only.  It is the responsibility of the user to evaluate the content and usefulness of information from other sites.   Since the County is not responsible for the availability of any outside resource or link, or their contents, you should direct any concerns regarding any external link to its administrator or webmaster.

Choice of Law

 Construction of the above disclaimers and resolution of any disputes arising from the use of this site are governed by the laws of the State of Wisconsin and Buffalo County and venue for the resolution of any actions or disputes that may arise shall be in Buffalo County.  The laws of the state of Wisconsin shall apply to all uses of this data and this system.  By use of this system and any data contained therein, the user agrees that use shall conform to all applicable laws and regulations and the user shall not violate the rights of any third parties.

Copyright

 All documents available on this service may be protected under the United States and/or Foreign Copyright Laws.  Buffalo County shall remain the sole and exclusive owner of all rights, title and interest to all copyrighted or protected information created and posted for inclusion in this system.  Buffalo County retains all rights to the information provided by this service, including, but not limited to, the right of reproduction.  Please e-mail the County’s webmaster for permission requests.

Ownership and Proprietary Rights

 All of the products and services, including but not limited to text, data, photographs, maps, images, graphics, audio and video clips, trademarks, logos, and service marks (collectively, the “Content”), are owned by the County or licensed to the County by third-parties, and are protected by copyright, trademark and other intellectual property laws.  In connection with those products and services, you agree to the following:

 a.      When accessing the Content, you may print a copy (hereinafter “printout”) of any accessed information, provided that the use of the printout is restricted to your personal use, and is not copied or distributed to third parties.  If the County’s program permits the downloading of any accessed information, the use of this downloaded information is restricted to your personal use, and shall not be copied or distributed to third parties.  If a printout and/or download is made, the County and applicable third parties shall retain all rights in this material, and such a printout an/or download shall retain any copyright or other notices that may be contained therein.  You understand and agree that the pricing of any information and services provided by the County is based upon the granting of a limited license to use this data, and you further agree that you will not produce a product with the Content that in any manner conflicts or competes with the County’s use of this data.

 b.      You will not reuse, republish or otherwise distribute the Content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of the County or the copyright holder.

 c.      You will cooperate promptly and completely with any reasonable request by the County related to an investigation of infringement of copyright or other proprietary right.

 d.      You agree that the material you are accessing may constitute trade secrets and/or intellectual property of the County, and violation of this agreement may cause irreparable harm to the County.

Notice

 The information provided by this service resides on a computer system funded by Buffalo County.  Anyone using this service consents to the monitoring of their use of this service by the computer system providers, authorized Buffalo County employees, as well as security or law enforcement personnel.  Communications made through this service’s electronic mail and messaging system shall, in no way be deemed to constitute a filing with, or legal notice to, Buffalo County or any of its agencies, departments, authorities, officers, directors, employees, agents or representatives, with respect to any existing or potential claim or cause of action against the County or any of its agencies, departments, authorities, officers, directors, employees, agents or representatives, where notice to the County is required by any federal, state or local law, rule or regulation.

Solicitation Prohibited

 Use of the Buffalo County Government information technology system to send unsolicited faxes or e-mail to Buffalo County Government and its employees agents or officials is prohibited.

Indemnification

You hereby agree to indemnify and hold harmless Buffalo County, and its officials, agencies, officers, subsidiaries, employees, licensors and agents, from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based upon or arising out of any breach by you of your obligations under this Disclaimer.  Notwithstanding your indemnification obligation, Buffalo County reserves the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.