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Klamath County Liability Disclaimer and User Agreement
This Web site is offered to you, the ("User"), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this site constitutes acceptance of these terms and conditions.
This is a Klamath County computer system, provided as a public service. Government personnel and the general public may use this system to review and retrieve publicly available government information. User agrees to use this Web site as permitted by applicable local, state, and federal laws. User agrees, therefore, not to: 1.) knowingly and without authorization, alter, damage or destroy Klamath County's or another user's computer system, network, software, program, documentation or data contained therein; 2.) use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to this Website by other users will be deemed an unauthorized use.
Anyone using this system expressly consents to administrative monitoring at all times. You are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you do not wish to consent to monitoring, exit this system now.
Disclaimer of Liability and Reliability
In preparation of these sites, every effort has been made to offer the most current, correct and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Klamath County disclaims any responsibility for typographical errors and accuracy of the information that may be contained on Klamath County web pages. The information and data included on Klamath County servers have been compiled by Klamath County staff from a variety of sources and are subject to change without notice to the User. Klamath County makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy or timeliness of such information and data.
In any situation where the official printed publications of Klamath County differ from the text contained in this system, the official printed documents take precedence. The services, information and data made available at the Klamath County website are provided "as is" without warranties of any kind. Klamath County makes no representations or warranties regarding the condition or functionality of this Web site, its suitability for use or that this Web Service will be uninterrupted or error-free.
If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Such concerns should be addressed to the Webmaster listed on each Web page.
Links to Third Parties' Web Sites
There are links and pointers to third party Internet websites contained in Klamath County's website. These sites linked from the Klamath County website are not under the County's control. Klamath County does not assume any responsibility or liability for any information, communications or materials available at such linked sites or at any link contained in a linked site. Klamath County does not intend these third party links to be referrals or endorsements of the linked entities by the County and are provided for convenience only. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third part links and pointers.
Disclaimer of Damages
By using Klamath County Web pages, the User assumes all risks associated with the use of this site, including any risk to User's computer, software or data being damaged by any virus, software or any other file which might be transmitted or activated via a Klamath County Web page or User's access to it. Klamath County shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the Klamath County Web site or with the delay or inability to use this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Klamath County and/or any of its employees has been advised of the possibility of damages. Klamath County shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon information furnished.
Disclaimer of Association with User
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Klamath County as a result of the Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Klamath County and Klamath County shall not be liable for any representation, act or omission of the User.
As a condition of use of Klamath County's Web site, the User agrees to indemnify Klamath County, its Commissioners, officers, employees and agents against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
This Agreement is governed by the laws of the State of Oregon, USA. User consents to the exclusive jurisdiction and venue of courts in Klamath County, Oregon, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Klamath County's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Klamath County's right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Klamath County with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable laws including, but not limited to, the warranty disclaimers and liability limitation set for above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Closing of Agreement
This Agreement constitutes the entire agreement between the User and Klamath County with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and Klamath County with respect to this Web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.