Western Area Water Supply Authority (“WAWSA”), a political subdivision of the State of North Dakota, with a mailing address of PO Box 2343, Williston, ND 58802-1306 and (“User”)
with a mailing address of
hereby enter into this Agreement as it relates to a request by User for some form of electronic data from WAWSA. Electronic data, for the purposes of this Agreement, may include but is not limited to, GIS data, CAD files, shape files, and/or any other data in any electronic format. WAWSA agrees to provide the requested electronic data on the following terms and conditions:
- All dimensions shown within or implied by electronic data are not verified and are not to be reused or relied upon for the purposes of surveys or construction of facilities.
- Details and elevations shown within or implied by electronic data are only for design and must be verified by the contractor for accuracy as compared to the contract documents for construction purposes.
- WAWSA retains all rights to ownership of the electronic data and any intellectual property associated with the electronic data and/or the project that is being provided to the User. User specifically acknowledges that such electronic data is the proprietary information of WAWSA and is provided to the User solely for the purposes of facilitating the User’s work on its project. No permission is granted to the User for copying or reusing electronic data on other projects, for additions to this project, or the completion of this project by another company or professional. Any use of the electronic data by the User other than the facilitation of the User’s work on their project is subject to written approval of WAWSA, which approval may be withheld for any reason. Approval may be contingent on the User paying additional compensation to WAWSA and providing the appropriate legal protection to WAWSA for the User’s use of the electronic data.
- WAWSA represents and the User specifically acknowledges that the electronic data may not be true and correct and may not contain changes that may have been made after this electronic data was initially created. Use of the electronic data by the User will be solely at the User’s risk and cannot be used against WAWSA or other third parties as a defense in any claims or litigation. The User is responsible for hiring professionals to verify any of this data if it deems it necessary.
- The User specifically acknowledges the following:
- The electronic data is provided by WAWSA for the convenience of the User only.
- The electronic data was prepared as WAWSA’s internal working documents and as such may be incomplete, contain deliberate or unintentional inaccuracies or be in part obsolete.
- That WAWSA makes no representation as to the electronic data’s completeness, currency, or accuracy.
- Any translation of electronic data from one computer system or computer environment can and often does result in the loss of important data, including portions of text and dimensions, the existence, location or scale of symbols or other elements of graphics, the internal structure of data including layers and data attributes, or the style or weight of lines. WAWSA specifically disclaims any liability associated with the User’s use of the electronic data on any system.
- WAWSA will not routinely issue updates to its electronic data. It is solely the responsibility of the User to identify and make all required revisions or corrections to this data or request a verification from a professional.
- Because the information being provided by WAWSA to the User is being provided “AS IS” “with all faults”, without representation by WAWSA as to completeness, currency, or accuracy, the User specifically agrees to defend, indemnify and hold harmless WAWSA, its affiliated entities, directors, officers, and employees from and against any and all claims arising out of the User’s use of the electronic data and the preparation of information generated by the User through WAWSA’s electronic data. The indemnification shall include the User’s agreement to pay all reasonable attorney’s fees and expenses incurred by WAWSA in defending against any claim or action. In no event will WAWSA, its affiliated entities, directors, officers, and employees be liable to the user for indirect, general, incidental, consequential, or other damages.
- The utilization of the electronic data by the User contrary to the terms and conditions of this Agreement shall constitute a breach of this Agreement and User, immediately upon the written demand of WAWSA, shall return to WAWSA all of the WAWSA property, including the electronic data. WAWSA shall be entitled to seek all other claims arising out of the User’s breach of this Agreement.
- User has identified below, by checking the applicable boxes, which type(s) of Electronic Data will be accessed through this website. WAWSA makes no guarantee that the data requested will be available at the time User seeks access, nor will WAWSA generate any new data requested by a User that is not readily available on the website.
- User acknowledges that by clicking on the “Submit now!” button below, User is agreeing to be bound by all terms and conditions identified herein. This Agreement shall be binding upon the respective successors and assigns of the parties hereto.
ELECTRONIC DATA REQUESTED: