The Data Driven Detroit Website (D3 Website) is a community resource created by Data Driven Detroit, L3C (D3). This Data Use Agreement covers the terms and conditions that you must agree to before you access or use the Data on deposit with the D3 Website. By using the data available on the D3 Website, you agree to the terms and conditions of your access to the D3 Website and your use of the Data on deposit with the D3 Website.
Intending to be legally bound, you agree to the following:
- Effective Date: The effective date of the Agreement is the date of your signature or click through acceptance of these terms, and the terms shall continue to bind you with every subsequent attempt to access or use Data from the D3 Website.
- “Data” for purposes of this Agreement, shall mean all information of varying formats contained within the D3 Website. The Data within the D3 Website is not intended to and should not contain Non-Public Information, as defined below.
- “Non-Public Information” for the purposes of this Agreement shall mean information that may not be disclosed to the public for the following reasons:
- The information is exempt from disclosure or the information is prohibited from being disclosed under State and Federal Laws and regulations, and is not releasable to the public;
- The information is covered by a contractual non-disclosure obligation;
- The information is covered by confidentiality and fiduciary obligations; or
- The information is private, proprietary or privileged.
- “User” shall mean any individual who seeks access to or uses D3 Website Data.
- “Third Party Links” shall mean any website links to other data and data resources provided by the D3 Website portal/website.
- Grant of Access and Use of D3 Website Data: Subject to the compliance with the User Terms and Conditions set forth below, D3 hereby grants User permission to access and use the Data from the D3 Website pursuant to the terms, restrictions, or designations placed upon the Data by the Data owner and depositor. This grant shall not include permission to use Non-Public Information which is inadvertently deposited in the D3 Website.
- User Terms and Conditions: The User is subject to the following terms and conditions with respect to the User’s access and use of D3 Website Data.
- User shall accept complete responsibility for its access to and use of the Data derived from the D3 Website, or any derivatives User makes of the Data.
- User shall abide by the terms if provided by the Data owner and D3 as publisher.
- User shall abide by the terms and conditions of any Third Party Links when accessing data from the D3 Website through such Third Party Links.
- User agrees to immediately notify D3 at 313.296.1440 or via email at AskD3@datadrivendetroit.org when Non-Public Information is suspected or discovered through User access to the D3 Website. User agrees to refrain from use of any Non-Public Information inadvertently on deposit and accessible from the D3 Website.
- User understands that D3 may, on its own and without notice, remove Data and Third Party Data Links from the D3 Website.
- User understands and agrees that there is no obligation for D3 to update or provide customized Data under this Agreement.
- User shall comply with all Federal, State, and local laws and regulations governing regarding use of the Data and Third Party Data Links.
- User shall provide feedback, questions, concerns, or comments regarding access or use of Data on deposit with the D3 Website by contacting D3 at 313.296.1440 or AskD3@datadrivendetroit.org.
- Ownership of Data: Ownership of the Data in the D3 Website and through Third Party Links shall remain and belong to the person or party that created it. Nothing in this Agreement shall be construed as a transfer or assignment of ownership of any data, copyrights, or other intellectual property.
- Disclaimers/No Warranties/As Is and As Available:
DISCLAIMER. D3 HEREBY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES OF ANY KIND WITH REGARD TO DATA MADE AVAILABLE ON THE D3 WEBSITE AND ACCESSED BY USER THROUGH THE D3 WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE SPECIFIC PURPOSE. D3 DOES NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE DATA MADE AVAILABLE THROUGH THE D3 WEBSITE. USER HEREBY ACKNOWLEDGES AND ACCEPTS THE ABOVE DISCLAIMERS AND USES ALL OF THE DATA ON THE D3 WEBSITE AT ITS OWN RISK AND ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- Indemnification: User agrees to indemnify, release, and hold harmless D3 from any and all liability for claims arising out of my access to and/or use of Data made available through the D3 website.