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<DIV STYLE="text-align:Left;"><P STYLE="margin:0 0 11 0;"><SPAN>This dataset is a public record and, as more fully described below, there are no restrictions on the use, reproduction, or distribution of this dataset. Notwithstanding the foregoing, the public release of this dataset should not be construed, expressed or implied, as to whether any use constitutes a legally permissible purpose. It is the sole responsibility of the user to determine if the data is usable for their purposes. This dataset is provided “AS IS” and on an “AS AVAILABLE” basis. The Michigan Department of Environment, Great Lakes, and Energy (hereinafter referred to as EGLE) makes no warranties, express or implied, regarding the accuracy, adequacy, reliability, timeliness, or completeness of this dataset. EGLE also does not make any warranties, express or implied, for the continued quality, accuracy, or currency of this dataset after it has been downloaded, nor the quality or accuracy of any analyses or re-uses of this dataset. EGLEDISCLAIMS ALL WARRANTIES WITH REGARD TO THIS DATASET AND ANY INFORMATIONPROVIDED TO YOU, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARYRIGHTS. THE STATE WILL NOT BE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OROTHERWISE, FOR ANY CLAIM FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, ORSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSTBUSINESS OPPORTUNITIES, RELATED TO THE ACCESS OR USE OF THIS DATASET. IN NOEVENT WILL EGLE BE LIABLE FOR ANY AMOUNTS THAT MAY RESULT FROM THEACCESS OR USE OF THIS DATASET, REGARDLESS OF THE FORM OF ACTION, WHETHERIN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR BY STATUTE OR OTHERWISE. You forever release EGLE, its divisions, officers, and employees from all claims, rights, actions, demands, damages, liabilities, expenses and fees, which arise out of or relate to your access or use of this dataset. You must defend, indemnify and hold EGLE, its divisions, officers, and employees harmless, without limitation, from and against all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification) arising out of or relating to your access or use of this dataset. EGLE reserves the right to modify or remove this dataset for any reason, without notice, at any time. Nothing in these terms constitutes or is intended to be a limitation upon, or waiver of, any privileges and immunities that apply to EGLE. These terms are governed by and interpreted under the laws of the State of Michigan without regard to conflict of laws provisions. These terms do not apply to other materials or content, including maps or logos, that may be located on the site or portal containing this dataset and that may be protected by intellectual property rights such copyright, trademark, or patent. Nothing in these terms should be construed, expressed or implied, as impacting any existing rights or licenses in such materials or content, if any.</SPAN></P></DIV> |