AGREEMENT BETWEEN USER AND Department of Land Management
The Department of Land Management Web Site is comprised of various Web pages operated
by Department of Land Management.
The Department of Land Management Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the Department of Land Management Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Department of Land Management reserves the right to change the terms, conditions,
and notices under which the Department of Land Management Web Site is offered, including
but not limited to the charges associated with the use of the Department of Land
Management Web Site.
LINKS TO THIRD PARTY SITES
The Department of Land Management Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Department of Land
Management and Department of Land Management is not responsible for the contents
of any Linked Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Department of Land Management
is not responsible for webcasting or any other form of transmission received from
any Linked Site. Department of Land Management is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Department
of Land Management of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Department of Land Management Web Site, you warrant
to Department of Land Management that you will not use the Department of Land Management
Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Department of Land Management Web Site in any manner
which could damage, disable, overburden, or impair the Department of Land Management
Web Site or interfere with any other party's use and enjoyment of the Department
of Land Management Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for
through the Department of Land Management Web Sites.
USE OF COMMUNICATION SERVICES
The Department of Land Management Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
Violate any applicable laws or regulations.
Department of Land Management has no obligation to monitor the Communication Services.
However, Department of Land Management reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion. Department
of Land Management reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
Department of Land Management reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Department of Land Management's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Department of Land Management
does not control or endorse the content, messages or information found in any Communication
Service and, therefore, Department of Land Management specifically disclaims any
liability with regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are not authorized
Department of Land Management spokespersons, and their views do not necessarily
reflect those of Department of Land Management.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Department of Land Management OR POSTED AT ANY Department
of Land Management WEB SITE
Department of Land Management does not claim ownership of the materials you provide
to Department of Land Management (including feedback and suggestions) or post, upload,
input or submit to any Department of Land Management Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Department of Land Management,
its affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Department of Land Management is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in Department
of Land Management's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Department of Land Management WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Department of
Land Management AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
Department of Land Management WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Department
of Land Management WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
Department of Land Management AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Department of
Land Management WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Department of Land Management
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Department
of Land Management AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Department of Land Management
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Department of Land Management WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Department of Land Management WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE Department of Land Management WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Department of Land Management
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Department of Land Management WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Department of Land Management WEB SITE.
SERVICE CONTACT :eGIShelp@doa.guam.gov
TERMINATION/ACCESS RESTRICTION
Department of Land Management reserves the right, in its sole discretion, to terminate
your access to the Department of Land Management Web Site and the related services
or any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out of or relating to
the use of the Department of Land Management Web Site. Use of the Department of
Land Management Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Department of Land Management as a result of
this agreement or use of the Department of Land Management Web Site. Department
of Land Management's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of Department
of Land Management's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Department of Land Management
Web Site or information provided to or gathered by Department of Land Management
with respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Department of Land Management with respect
to the Department of Land Management Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and Department of Land Management with respect to the Department of Land Management
Web Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Department of Land Management Web Site are: and/or its suppliers.
All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.