TERMS OF USE
Brevard County, Florida ("the County"). All rights reserved.
READ CAREFULLY BEFORE ACCESSING THIS WEB SITE OR DOWNLOADING INFORMATION. BY ACCESSING OR DOWNLOADING INFORMAITION FROM THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ABIDE BY THE FOLLOWING TERMS:
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT DO NOT ACCESS THIS WEB SITE OR DOWNLOAD INFORMATION AND EXIT THIS SITE IMMEDIATELY.
TERMS AND CONDITIONS:
The terms and conditions set out below create an agreement between you and the Board of County Commissioners, Brevard County, Florida. Aerial Photos, GIS Maps and any other information provided on this web site ("information") are the property of Brevard County and/or its licensors. Material present on this web site is protected pursuant to Title 15 of the U.S. Code, Title 17 of the U.S. Code and other State, Local and National Laws.
You represent that you have full power and authority to comply with this Terms of Use Agreement without violating the rights of others and agree that your use of the County's web site will comply with this Terms of Use Agreement without violating the rights of others.
Scope of Usage:
You agree to use the Information on this Web Site solely for Public Safety purposes, and for no commercial purposes what so ever, including but not limited to service bureau, time-sharing or other similar purposes. Accordingly, but subject to the Restrictions set forth in the next paragraph, you may copy information only as necessary for Public Safety use to (i) view it on your screen, (ii) print it, and (iii) transfer it to a portable computer device, provided that you do not remove or alter any notices that appear and do not modify the Information in any way. You may not otherwise reproduce, copy republish, modify, reformat, de-compile, disassemble or reverse engineer any portion of the Information and you may not otherwise transfer or distribute Information in any form for any purpose.
Restrictions:
Without limiting the foregoing, you may not (a) use, transfer, assign, reproduce, sell, rent, lease, loan, distribute, sublicense, or otherwise convey Information with any other products or systems; (b) prepare any derivative work with the Information or any portion thereof; (c) sublicense, transfer, assign, rent, lease, loan, sell, distribute or otherwise convey the Information or any right with respect thereto, to any Third Party; (d) disassemble, de-compile, or otherwise reverse engineer all or any portion of the Information; (e) use any copyrighted, trademarked, patented or otherwise protected material without the express permission of the author or owner; (f) commit any acts of copyright, trademark or other intellectual property infringement (or contribute to, facilitate or induce such infringement); (g) post, transmit or otherwise provide any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, promotes unlawful activity, hateful or racially, ethnically or otherwise objectionable (the County may report violations to the law enforcement authorities and will cooperate with such authorities); (h) manipulate identifiers in order to disguise the origin of any content transmitted through the County's web-site: (i) develop restricted or password-only access pages or hidden pages or images: (j) upload, post or transmit any material that contains software viruses or other computer instructions designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; (k) collect or store personal data about other users; (l) impersonate any person or entity, or misrepresent your affiliation with a person or entity; (m) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials ("junk mail" or "SPAM","chain letters", pyramid schemes" or any other form of solicitations; (n) take any action which imposes an unreasonable or disproportionately large load on the County's web site infrastructure, or (o) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the County's web site other than generally available third party web browsers (e.g.: Netscape Navigator, Microsoft Explorer).
In addition, you agree that you will not attempt to indirectly violate the provisions of this agreement by utilizing the services of a third party. If you attempt to so violate the provisions of the agreement the County will seek enforcement against you and such third party and you will be liable for the damages, attorneys' fees and costs incurred in the connection therewith.
In no event shall the material on this web site be used for commercial activities including but not limited to solicitations of business, land surveys, maps, compilations or other commercial endeavors.
No Warranty:
All Information is provided to you "As Is" and you agree to use it at your own risk. The County and its Licensors (an their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied arising by law or otherwise regarding completeness, effectiveness, reliability, fitness for particular purpose, usefulness, use or results to be obtained from Information or that the Information will be error-free. You and not the County are entirely responsible for all content that you download, upload or otherwise transmit or view via the County's Web Site.
Disclaimer of Warranty:
The County and its licensors (including their licensors and suppliers) DISCLAIM ANY WARRANTEES, EXPRESS OR IMPLIED OF QUALITY, PERFORMANCE, MERCHANTABLITIY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The county makes no warranty that any information on the internet generally will be uninterruptible or error free or that any information, software or other material accessible from the server is free of viruses or other harmful components. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability:
The County and its licensors (including their licensors and suppliers) shall not be liable to you: in respect to any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the information; or for any loss of profit, revenue, contracts or savings or any other direct, indirect, incidental special or consequential damages arising out of your use of or inability to use the information; for any defect in the information; or for the breach of these terms or conditions whether in an action in contract or tort or based on a warranty even if the county or its licensors have been advised of the possibility of such damages. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Export Control:
You agree not to export any part of the Information provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under applicable export laws, rules and regulations.
Government End Users:
If the Information is being acquired by or on behalf of the United States Government or any other entity seeking or applying rights similar to these customarily claimed by the United States government, the Information is licensed with "Restricted Rights." Utilization of the Data is subject to the restrictions specified in the "Rights in Technical Data and Computer Data" Clause at DFARS 2252.227.7013, or the equivalent clause for non-defense agencies.
Indemnity:
You agree to indemnify, defend and hold the County, its officers, employees, agents, and its licensors (including their respective licensors, suppliers assignees, subsidiaries, affiliated companies and respective officers, directors, employees shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the Information.
Termination:
The County, in its sole discretion may terminate your access to the web site or any materials contained herein and terminate your limited license to such material for any violation of any term or condition described herein. The County may, in its sole discretion, discontinue providing this web site or the material information contained therewith at any time, with or without notice. Any termination of your access to this web site may be effected without prior notice. Your agree that the County shall not be liable to you or any third party for any termination of your access to this web site or the material contained therein. Upon termination, you shall destroy or return any information and all copies make thereof including modified copies.
Entire Agreement:
These terms and conditions constitute the entire agreement between the County (and its licensors, including their licensors and suppliers) any you pertaining to the subject matter hereof and supersedes in its entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law:
The above terms and conditions shall be governed by the laws of the State of Florida, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods. You agree to submit to the venue of Brevard County, a political subdivision in the State of Florida and to personal jurisdiction of the State of Florida for any and all disputes, claims and actions arising from or in connection with the Information provided to you hereunder.
Other Notices:
Each document and other material published by the County on this server may contain other proprietary notices or describe products, services, processes or technologies owned by the County or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark patent or other intellectual property right of the County or any third party, except for the right of use license expressly set forth below in the terms and conditions:
Official Seal:
In accordance with Florida Statute 165.043, the manufacture, use, display or other employment of any facsimile or reproduction of the County or Municipal seal, except by County or Municipal officials or employees in the performance of their official duties, without the express approval of the governing body is a second degree misdemeanor, punishable as provided in s 775.082 or s 775.
Ownership rights in the information:
The user does not receive any, and the County retains all, ownership rights in the Information. The information is may not be copied, modified or merged with other data or software. The user shall not alter or remove any notice or proprietary legend contained in or on the information.
Consent to Monitoring and Disclosure:
The County is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that the County may monitor the server contents periodically to (1) Comply with any necessary laws, regulations or other government requests; or (2) Operate the server properly or to protect itself and its users. The County reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it in its sole discretion believe is unacceptable or in violation of these terms and conditions.
Should any user of information on this server provide the County with information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and the County assumes no obligation to protect such information or disclosure. The submission of such information to the county shall in no way prevent the purchase, manufacture, use of sale of similar products, services, plans and ideas by the County for any purpose whatever and by such submission the user grants to the county the irrevocable right to reproduce, use, disclose and distribute such information to others without restriction or compensation required.
Miscellaneous:
(1) THE COUNTY RESERVES THE RIGHT TO DISCONTINUE OR MODIFY ANY OF THE INFORMATION CONTAINED ON THIS SERVER, OR THE SERVICE, AT ANY TIME; (2) The County shall have the right to modify these terms and conditions at any time; (3) The user may not assign any part of this agreement without the County's prior written consent; (4) The user shall pay any taxes on the Information or transactions described herein, if applicable; (5) If any provision of this agreement is declared invalid or unenforceable, the remaining provisions of this agreement shall remain in effect; (6) The user agrees to comply with all applicable laws in using this service or the information contained therein; (7) No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced and any such waiver shall not preclude a party from exercising any other right or later exercising the same right; (8) Any notice under this agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to the County at the address below; (9) These terms and conditions apply on behalf of the County and all of its affiliates, employees, agents, officers, suppliers and distributors; (10) The user shall pay all reasonable attorneys´ fees and costs incurred by the County in connection with the enforcement of this agreement against the user; (11) You agree to notify the County immediately of any unauthorized use of your account or any other breach of security; (12) This section titles in this agreement are for the convenience of the parties only and have no legal contractual effect.
Notice to County
Brevard County, Florida Attn: Brevard County E9-1-1 Administration/Address Assignment 2725 Judge Fran Jamieson Way, Bldg. C201 Viera, FL 32940
All RIGHTS RESERVED UNDER THE LAWS OF THE UNITED STATES. For the purpose of any public disclosure previsions under any federal, state or local law, it is agreed that the information is proprietary data and not subject to disclosure.
For further information relating to the legal issues contained in these terms and conditions, questions or problems reports regarding this service, contact address.assign@brevardcounty.us
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