Background and Objectives
The Pulaski Area Geographic Information System (PAgis) provides no-fee access to realtime Global Positioning System (GPS) reference station data in the following geographic areas of the state of Arkansas: North Little Rock, Little Rock, and Pulaski County.
This user agreement (“AGREEMENT”) is by and between the Pulaski Area Geographic Information System (“PROVIDER”) and the signing party (“USER”) for access to realtimeGlobal Positioning System correction data (“SERVICE”).
Availability of Service
Anyone may access the SERVICE by filing a signed copy of the AGREEMENT with thePROVIDER. Upon signing the AGREEMENT, the PROVIDER will issue to the USER a unique, non-transferable user name and password along with the system’s internet address.
The PROVIDER will make a reasonable effort to provide data to the USER 24 hours a day, seven days a week. However, the USER understands and agrees that there are many factors effecting the availability and quality of the SERVICE that are beyond the control of PAGIS.
The USER agrees that the Global Positioning System is operated by the US GovernmentDepartment of Defense, which is solely responsible for the accuracy, daily operations, and availability of the satellites.
The PROVIDER does not guarantee either the availability or quality of the SERVICE. The PROVIDER offers the SERVICE on an “AS AVAILABLE” and “AS IS” basis without guarantee or warranty of any kind.
Disclaimer of Warranty
The PROVIDER makes no warranties, expressed or implied of any kind or nature. Without limiting the generality of the foregoing, the PROVIDER makes no warranties with respect to the quality, condition, fitness for a particular purpose or merchantability of the SERVICE. The SERVICE is on an “AS IS – WHERE IS – WHEN AVAILABLE” basis.
To the fullest extent permitted by law, unless expressly provided otherwise in the AGREEMENT, no party will be liable for any special or consequential damages(including but not limited to loss of profits, revenue or goodwill), incidental damages of any other party or statutory, exemplary or punitive damages, arising out of this agreement or in furtherance of the provisions or objectives of this agreement, regardless of whether the damages are based on tort (including without limitation negligence), warranty, contract or any other legal theory, even if advised of the possibility of such damages.