"Data" means any of the data that is available through Open.PierceCountyWA.Gov and includes any updates to that data.
"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 in a modified form.
"You" or "Your" refers to any individual or entity that seeks to use the Data.
IV. Exclusion of Warranties
A. The Data contains information and data compiled and processed by the County and third parties. The County makes no representation or warranty that the information contained in the Data is accurate, true or correct. In using the Data, you understand and agree that the information contained therein is subject to error, and cannot be relied upon without verification or site inspection.
B. You understand and agree that your use of the Data is at your sole risk. The Data is made available on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Should there be an error, inaccuracy, or other defect in the Data, you assume the full cost of correcting any such error, inaccuracy or defect.
The County uses methods to protect individual privacy, such as through the removal or obfuscation of personally identifiable information ("PII") or location data. You hereby understand and agree that You will not take any measures to re-identify the Data or to contact individuals whose information is represented by the Data. You shall not combine the Data with data from any other data sets for the purpose of re-identification. In the event that the Data is re-identified, and you become aware of such event, You are responsible for ensuring that any PII is immediately destroyed and that no PII is disclosed to any other individual or entity, and You shall promptly notify the County of such re-identification and provide proof to the County of the destruction of any PII.
VI. Limitation of Liability and Indemnity
A. In no event shall the County be liable for any direct, indirect, incidental, consequential or special damages (including without limitation, 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, or 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.
B. To the fullest extent permitted by law, You shall 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 specifically acknowledge and agree that 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 County and continues at all times thereafter.
VII. Acceptance of Other Conditions
For certain Data, there may be additional terms and conditions that are stated in the file containing such Data or on the page from which such Data is accessed. You understand and agree that You are bound by such additional terms and conditions.
VIII. General Provisions
A. The exclusive jurisdiction and venue for any dispute, action, or suit of any nature involving the Data, its uses, or any Derivative Work, shall reside in either the Pierce County Superior Court or the Federal District Court in and for the Western District of Washington. Washington and federal law, as applicable, shall apply to all such matters.