Terms of Use - Henrico County, Virginia

Introduction
1. The County of Henrico, Virginia (“The County”) makes a variety of information and datasets (“Data”) available for download through this website, henrico.us, and other applicable Henrico County-owned web properties (“The Website”). Your use of the Data is subject to these terms of use, which constitute a legal agreement between the user, “You,” and the County. This legal agreement is referred to as the “Terms of Use.”
Accepting the Terms of Use
1. By viewing or downloading Data through The Website, You agree and understand the Terms of Use.
Definitions
1. “The County” refers to the County of Henrico.
2. “Data” means any piece of information available for viewing or download through The Website and includes any updates to the Data.
3. “The Website” refers to any URL beginning with henrico.us, and other applicable Henrico County-owned web properties.
4. “Derivative Work” means a work that is based in any way or to any extent on the Data including without limitation any work that uses any of the Data.
5. “You” or “Your” refers to any user seeking to view or use the Data.
Exclusion of Warranties
1. The Data published is on an “as is” and “as available” basis. The County assumes no liability for any inaccuracies, completeness, or timeliness of the Data.
2. The County cannot vouch for the Data once it is viewed or downloaded and assumes no liability for Derivative Work or interpretation of Derivative Work.
3. The County makes no representation or warranties, including expressed, implied, merchantability or fitness for a particular purpose.
Right to Disclose and Discontinue
1. The County reserves the right to modify or discontinue providing any or all of the Data at any time.
2. The County reserves all right to not publish Data that is confidential, privileged, or protected by law.
3. The County reserves the right to terminate any display or distribution of any of the Data or Derivative Work for any reason, including without limitation, a violation of these Terms of Use or the privacy policy that appears on henrico.us.
Limitation of Liability and Indemnity
1. In no event shall the County be liable to You 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 You 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.
2. To the fullest extent permitted by law, You 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 Your use of the Data, including without limitation Your use of the Data in a Derivative Work. In addition to Your obligation to indemnify the County, You have 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 You by the County and continues at all times thereafter.
General Provisions
1. These Terms of Use shall be governed by and interpreted under the laws of the Commonwealth of Virginia without regard to conflict of law provisions.
2. Any dispute arising out of these Terms of Use shall be subject to the exclusive venue of the state and federal courts within the central Virginia region and You hereby consent to the venue and jurisdiction of such courts.
3. No modification to these Terms of Use, nor any waiver of any rights, shall be effective except by an instrument in writing signed by You and 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.
4. These Terms of Use contain the entire agreement and understanding between You and the County with respect to the subject matter hereof and completely replace and supersede all prior agreements, understanding and representations. In no event will any additional terms or conditions be effective unless expressly accepted by the County in writing.
5. 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.
6. The County may modify these Terms of Use by posting notice of such modifications. Any modification is effective upon posting, unless otherwise indicated.