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DISCLAIMER AND TERMS OF USE

Thank you for visiting the Flagler County Public Library site. It is presented to you by the Friends of the Flagler Public Library, Inc.

TERMS OF USE

By visiting the Flagler County  Public Library site, Users agree that they will not use the Site for any unlawful activity or use it in any way that would violate these terms and conditions. If you do not wish to be bound by this agreement, you may not access or use this web site. The information on this web site is provided for convenience only, and may not be relied upon for any legal rights.

DISCLAIMER OF LIABILITY AND RELIABILITY

In preparation of these pages, reasonable effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Flagler County  or The Friends of the Flagler Public Library, Inc. disclaims any responsibility for typographical errors and accuracy of the information that may be contained on Flagler County web pages. The information and data included on Flagler County servers have been compiled by Flagler County staff from a variety of sources, and are subject to change without notice to the User. Flagler County or The Friends of the Library of Flagler County, Inc.  makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.

In any situation where the official printed publications of Flagler County differ from the text contained in this system, the official printed documents take precedence. The services, information, and data made available at the Flagler County web site are provided "as is" without warranties of any kind. Flagler County makes no representations or warranties regarding the condition or functionality of this web site, its suitability for use, or that this web service will be uninterrupted or error-free.

DISCLAIMER OF DAMAGES

By using Flagler County Public Library web pages, the User assumes all risks associated with the use of this site, including any risk to User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a Flagler County Public Library  web page or User’s access to it. Flagler County Public Library or Flagler County shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenue, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the Flagler County Public Library web site or with the delay or inability to use this web site, or from any information, documents, services, software, or other material obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Flagler County  Public Library and/or any of its employees/affiliates has been advised of the possibility of damages. Flagler County shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any User’s decision or action taken or not taken in reliance upon information furnished.

Nothing herein shall constitute a waiver of Flagler County’s  or Flagler County Public Library rights or immunities under the Common Law or Chapter 768.28, Florida Statutes, if applicable, as amended from time to time.

DISCLAIMER OF ASSOCIATION WITH USER

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Flagler County Public Library or Flagler County as a result of this Agreement or use of this web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Flagler County and Flagler County shall not be liable for any representation, act or omission of the User.

LINKAGE

The Flagler County Public library site, provides links to many web sites that are not controlled, maintained, or regulated by us. As such, we are not responsible for the content of those web sites. User information from those web sites is voluntary. Rely on that information only after undertaking an independent review of its accuracy. References at those web sites to any specific commercial produce process, or service by trade name, trademark, or otherwise, does not constitute or imply endorsement recommendation, or favoring by the Official Site of Flagler County, Florida. When you link to another site and are subject to the privacy policy of the new site, User assumes sole responsibility for the use of third party link and pictures.

INDEMNITY

As a condition of use of Flagler County Public Library web site, the User agrees to indemnify Flagler County, The Friends of the Flagler Public Library Inc., its Commissioners, officers, employees and agents against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

JURISDICTION

This Agreement is governed by the laws of the State of Florida, USA. User consents to the exclusive jurisdiction and venue of state courts in Flagler County, Florida, USA in all disputes arising out of or relating to the use of this web site. Use of this 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.

Flagler County’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Flagler County’s right to comply with law enforcement requests or requirements relating to the User’s use of this web site or information provided to or gathered by Flagler County with respect to such use.

SEVERABILITY

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 limitation 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.

CLOSING OF AGREEMENT

This Agreement constitutes the entire agreement between the User and Flagler County and The Friends of the Library Of Flagler County, Inc. with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Flagler County with respect to this web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 



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