1. Introduction

    Montgomery County, Maryland ("the County") makes a variety of datasets ("Data") available for download through this website, data.montgomerycountymd.gov. Your use of the Data is subject to these terms of use, which constitute a legal agreement between you, the "User," and the County. This legal agreement is referred to as the "Terms of Use."
  2. Consent to Terms of Use

    2.1 By using the data made available through data.montgomerycountymd.gov, the User agrees to all the conditions stated in these Terms of Use as well as the "User Rights" set forth at www.montgomerycountymd.gov.

    2.2 The User represents that the User has full capacity and authority to accept these Terms of Use. If a User is accepting on behalf of the User's employer or another entity, the User represents that the User has full authority to bind the User's employer or such other entity to the Terms of Use.

  3. Definitions

    3.1 "Data" means any of the data that is available for download through data.montgomerycountymd.gov and includes any updates to that data.

    3.2 "Derivative Work" means a work that is based in any way on the Data including without limitation any work that uses any of the Data.

    3.3 "User" refers to any individual or entity that seeks to use the Data or any individual or entity that views the website data.montgomerycountymd.gov.

  4. Disclaimer of Warranties

    4.1 DATA IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, OR TIMELINESS OF ANY DATA MADE AVAILABLE THROUGH THIS SITE.

    4.2 THE COUNTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USE OF THE DATA IS AT THE USER'S SOLE RISK.

    4.3 No advice or information, whether oral or written, obtained by a User from the County or through or from the Data will create any warranty.

  5. Attribution

    Applications using data supplied by data.montgomerycountymd.gov must include the following disclaimers on their sites:
    "The data made available here has been modified for use from its original source, which is Montgomery County, Maryland ("the County"). THE COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, OR TIMELINESS OF ANY DATA. THE COUNTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COUNTY MAKES NO REPRESENTATION OR WARRANTY AS TO THE WEBISTE OR APPLICATION USING DATA DRAWN FROM DATA.MONTGOMERYCOUNTYMD.GOV OR FOR THE USEFULNESS OR INTEGRITY OF THE WEB SITE OR APPLICATION. The data is subject to change and possible deletion, temporarily or permanently. It is understood that the information contained in the web feed is being used at one's own risk."
  6. Right to Discontinue

    6.1 The County reserves the right to modify or discontinue providing any or all of the Data at any time.

    6.2 The County reserves the right to require the termination of any display, distribution, or use of any of the Data for any reason, including, without limitation, a User's violation of these Terms of Use or the "User Rights" that appear at www.montgomerycountymd.gov.

  7. No Endorsement or Association; Restriction on Use of County Symbols

    7.1 The User must not represent or imply that the County is participating in, affiliated with, or has sponsored, approved or endorsed the manner or purpose of the User's use or reproduction of the Data.

    7.2 In accordance with Montgomery County Code ยง 1-404, the User must not use the County coat of arms, flag, or seal without the County's prior written consent.

    7.3 A user must not reproduce or use any of the County's other means of promotion or publicity without the County's prior written consent.

  8. Limitation of Liability and Indemnity

    8.1 In no event shall the County be liable to a User for any direct, indirect, incidental, consequential or special damages (including without limitation: the loss of use, time or data; inconvenience; commercial loss; lost profits or savings; or the cost of computer equipment and software), to the full extent that such may be disclaimed by law, including without limitation for any claim against the User by any third party. In no event shall the County be liable for any claim, including claims by third parties, for loss or damages arising from erroneous Data or information contained in the Data.

    8.2 To the fullest extent permitted by law, the User must indemnify and save harmless the County from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney's fees and costs of investigation), that arise directly or indirectly, in whole or in part, from the User's use of the Data, including without limitation the User's use of the Data in a Derivative Work. In addition to the User's obligation to indemnify the County, the User has an immediate and independent obligation to defend the County from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to the User by County and continues at all times thereafter.

  9. General Provisions

    9.1 These Terms of Use shall be governed by and interpreted under the laws of the State of Maryland without regard to conflict of laws provisions.

    9.2 Any dispute arising out of these Terms of Use shall be subject to the exclusive venue of the U.S. District Court for the District of Maryland, Greenbelt Division, or the Circuit Court or District Court for Montgomery County, Maryland, and the User hereby consents to the venue and jurisdiction of such courts.

    9.3 The County may modify these Terms of Use by posting notice of such modifications on this page. Any modification is effective upon posting, unless otherwise indicated.

    9.4 No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or entered by these Terms and Conditions.

    9.5 These Terms and Conditions constitute a non-exclusive agreement. The County may develop products or services that compete with products or services that the User offers without incurring any liability.

    9.6 No waiver of any rights by the County shall be effective except by an instrument in writing signed by the County, and the waiver of any breach or default shall not constitute a waiver of any other right hereunder or any subsequent breach or default.

    9.7 These Terms of Use contain the entire agreement and understanding between the User and the County with respect to the subject matter hereof, and replace and supersede all prior agreements, understandings and representations. In no event will any additional terms or conditions be effective unless expressly accepted by the County in writing.

    9.8 If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.