Disclaimer and Access Agreement

THIS IS AN ACCESS AGREEMENT BETWEEN YOU (“YOU” or “USER”) AND KENTON COUNTY.  YOUR USE OF THIS WEB SITE (THE “WEB SITE”) AND ACCESS OF THE DATABASE ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.  YOUR USE OF THE DATABASE SIGNIFIES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE SET FORTH IN THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE DATABASE.

Kenton County maintains an Internet-based information database application and database of public information (the “Database”).  User wishes to obtain a license to access and use the Database, and Kenton County is willing to grant such a license to User, on the terms and conditions set forth in this Agreement.

Accordingly, User and Kenton County agree as follows:

 

1.      Subscription Rights.

1.1  Grant.  Kenton County grants to User a nontransferable, nonexclusive right to use the Database, subject to the terms and conditions set forth in this Agreement.

1.2  Scope of Rights.  User may use and access the Database for personal and internal business purposes only.  User shall not use the Database or any of its information, elements or related facilities for the benefit of third parties in a service bureau or similar enterprise.  User shall not use the Database or any of its information, elements or related facilities or capabilities to conduct any business or activity, or solicit the performance of any activity, that is prohibited by or would violate any applicable law, rule, regulation, agreement or legal obligation, nor to solicit or encourage others to subscribe to or use information services, facilities, goods or services competitive with those of Kenton County.  User agrees to comply with all laws, rules, regulations and duties applicable to its use of the Database or to this Agreement.

1.3  Title.  User understands that the license granted herein transfers neither title nor proprietary rights to the User with respect to the Database or any information or element of the Database.

2.      Limitations. 

2.1  Possible Error.  Regarding the Database, Kenton County and User mutually acknowledge that data entry, communication and storage are subject to human and machine errors, omissions, delays, down time, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage or which may prevent access to the Database.  Neither party undertakes or accepts any liability whatsoever to the other for errors, omissions, delays, interruptions, or losses, unless caused by that party’s willful misconduct.

2.2  Monitored Use.  Kenton County may monitor User’s use of this Web Site and the Database, and Kenton County may freely use and disclose any information and materials received from User or collected through User’s use of the Web Site for User’s own internal business purposes.

2.3  Changes.  Kenton County may change, suspend or discontinue any aspect of the Web Site or Database at any time, including the availability of any feature, database, or Content.  Kenton County may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability.

2.4  Copyright.  This Web Site and the Database are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws.  The contents of the Web Site and Database (collectively the “Contents”) are only for your personal, internal business purposes only.  You shall abide by any and all additional copyright notices, information, or restriction contained in any Content.  You may make 2 copies of any Content for personal, internal business use only, provided that you maintain all copyright and other notices contained in such Content.  Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without Kenton County’s prior written consent.

3.      Warranties.

3.1  Disclaimer.  THE WEB SITE, INCLUDING THE DATABASE AND ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AT USER’S SOLE RISK.  KENTON COUNTY MAKES AND USER RECEIVES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER.

FURTHER, KENTON COUNTY EXPRESSLY DISCLAIMS ANY EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Kenton County DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Kenton County SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE OR DATABASE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

3.2  Capacity.  User represents and warrants that it has obtained all consents and approvals necessary to enter into this Agreement, including, as applicable, any necessary permission of User’s employer.  User represents and warrants that he or she is at least 18 years of age and has all the necessary power, competence and authority to enter into this Agreement, and has provided Kenton County with current, complete and accurate information about himself/herself as required by the application process.  User agrees to maintain and update this information as needed to keep it current, complete and accurate.

4.      Limitation of Liability.

4.1  Assumption of Risks.  Kenton County shall not be liable for, and User hereby assumes the risk of and shall indemnify and hold harmless Kenton County its officers, directors, employees, suppliers and authorized agents against, any claim, injury, loss, damage or expense (including attorneys’ fees), either direct or indirect, incurred, made or suffered by User in connection with or in any way arising out of the furnishing, performance, access or use of the Database.

4.2  Limitation.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT KENTON COUNTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND AUTHORIZED AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF KENTON COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE AND DATABASE.

5.      General Terms.

5.1  Amendment.  Kenton County may, in its sole discretion, change, modify, add or remove any portion of this Agreement at any time, and it may discontinue, add to or otherwise modify the service provided under this Agreement.  Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on the Web Site, or upon notification to You by e-mail or United States mail.  You agree to review the Web Site periodically, including the current version of this Agreement available on the Web Site, to be aware of any such revisions.  If You do not agree with any revision to the Agreement, You may terminate this Agreement at any time by providing Kenton County with notice by electronic mail addressed to: mailto:darlene.plummer@kentoncounty.org.  Notice of your termination will be effective on receipt and processing by Kenton County.  Any fees paid by You if You terminate Your Agreement with Kenton County are nonrefundable.  By continuing to use the Web Site and Database after any revision to this Agreement or change in service(s), You agree to abide by and be bound by any such revisions or changes.

5.2  Waiver.  No provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.  Any consent by any party to, or waiver of, a breach of the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.  The exercise by either party of the rights of termination set forth in this Agreement shall not be deemed to constitute a wavier of any other rights or remedies available to either party for a violation of the terms of this Agreement or under applicable law.

5.3  Binding Effect.  This Agreement shall be binding upon and inure to the benefit of Kenton County and User and their respective legal representatives, successors, and authorized assigns.

5.4  Severability.  If any provisions of this Agreement shall be prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition of unenforceability, without invalidating any of the remaining provisions.

5.5  Governing Law.  THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES.  SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF KENTUCKY.

5.6  Entire Agreement.  This Agreement  constitutes the entire agreement between Kenton County and User with respect to the subject matter of this Agreement and supersedes all earlier agreements and understandings, oral and written, between the parties.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF USE AND THAT YOU ACCEPT THE TERMS THEREOF.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT BECOME A SUBSCRIBER AND ACCESS OR OTHERWISE USE THE DATABASE.