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.
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.
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.
2.1 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 partys willful misconduct.
Use. Kenton County may monitor
Users 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 Users
use of the Web Site for Users 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 Countys prior written consent.
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 USERS SOLE RISK. KENTON COUNTY MAKES AND USER RECEIVES NO
REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER.
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 Users 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.
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:email@example.com. 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.
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.
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.
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.
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