Office of CADD and Engineering GIS Support
(A) DISCLAIMER OF WARRANTIES:
The DEPARTMENT OF TRANSPORTATION (“DEPARTMENT”) CADD DOWNLOAD PAGE (hereinafter referred to as “SITE”) IS PROVIDED "AS IS" OR "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE DEPARTMENT SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR LOSS FROM PERSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF THIS SITE, OR THE INFORMATION, DOCUMENTS, SOFTWARE PROGRAMS, OR SERVICES OFFERED HEREIN, INCLUDING BUT NOT LIMITED TO, CELL LIBRARIES, SEED FILES, RESOURCE FILES, SOFTWARE MACROS, EXECUTABLE FILES, DATA TABLES, DESCRIPTION FILES, VISUAL BASIC LIBRARIES, PARAMETER FILES AND INITIALIZATION FILES (hereinafter referred to as “MATERIALS or SERVICES”) HEREIN, EVEN IF THE DEPARTMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY. THE DEPARTMENT DOES NOT WARRANT THAT THIS SITE, MATERIAL OR SERVICES WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES THE DEPARTMENT WARRANT THAT THIS SITE, MATERIALS OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
(B) LIMITATION ON LIABILITY:
The references and descriptions of MATERIALS or SERVICES within the SITE are provided "As Is" or "As Available" without any warranty of any kind, express or implied. The Department is not liable to any party for any cost or damages, including any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the access or use of, or the inability to access or use, the SITE or any of the MATERIALS or SERVICES described herein.
Although the Department’s SITE is accessible worldwide, not all MATERIALS or SERVICES discussed in the SITE are available to all persons or in all geographic locations. The Department reserves the right to limit the provision of its MATERIALS or SERVICES to any person or geographic areas it so desires, and the SITE, your use of the SITE, your connection to the SITE or your violation of any rights of another person or entity. The Department reserves the right to limit the quantities of any MATERIALS or SERVICES that it provides. Any offer for any type of MATERIALS or SERVICES made in the SITE is void where prohibited.
The possibility exists that unauthorized additions, deletions
and alterations could be made by other parties to the SITE,
MATERIALS or SERVICES. Although the Department tries to insure
the integrity and accuracy of the SITE, MATERIALS or SERVICES,
it makes no guaranties as to the correctness or accuracy of
the information on the SITE, MATERIALS or SERVICES.
At certain places on this Department Internet SITE, live links to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained or otherwise posted by institutions or organizations independent of the Department. The Department does not endorse, approve, certify or control these external internet addresses and does not guaranty the accuracy, completeness, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by the Department.
(C) RIGHT TO CHANGE GUIDELINES AND RULES:
The Department reserves the right to change the guidelines or rules posted on this SITE from time to time at its sole discretion, and will provide notice of material changes on the home page of this SITE. Your continued use of the SITE, or any MATERIALS or SERVICES accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the SITE will be subject to the most current version of the rules and guidelines posted on the SITE at the time of such use. You agree to use the SITE, the MATERIALS or SERVICES on the SITE or accessible via the SITE only for lawful purposes. If you breach any of the rules and guidelines, your authorization to use this SITE automatically terminates, and any Materials downloaded or printed from the SITE in violation of the rules and guidelines must be immediately destroyed.
(D) RIGHT TO CHANGE CONTENT:
The Department reserves the right to change, suspend or discontinue any aspect of the SITE at any time, including the availability of any of the SITE features, database, content, MATERIALS or SERVICES and will provide reasonable notice of such changes on the SITE. The Department may also impose limits on features or limit access to parts of the SITE. The Department may terminate user access or suspend any user’s access to the SITE without notice for any reason that the Department, in its sole discretion, believes violates the applicable law or is harmful to the Department, any of its members, or a third party licensor.
(E) INDEMNITY AND LIABILITY:
You agree to indemnify and hold the Department, and its affiliates, officers, agents, consultants and employees, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the SITE, your use of the SITE, your connection to the SITE or your violation of any rights of another person or entity.