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.
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.
AttributionApplications 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."
Right to Discontinue
6.1 The County reserves the right to modify or discontinue providing any or all of the Data at any time.
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 § 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.
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.
9.4 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.