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Looking for a good disclaimer

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(@bradl)
Posts: 234
Member
Topic starter
 

I am working with our GIS team on having all easements and licenses of record being shown on our internal GIS. I want to disclaim the heck out of this, because I know of some people who would blindly accept what is shown on a map than what is discovered in the field. Right now I have something like:

All data shown hereon is for informational purposes only. No guarantees of rights shall be inferred from the shown locations and all encumbrance locations may be subject to change. Please contact me for review/discussion of encumbrances' rights.

Any comments are greatly appreciated, except for negative one, they are just appreciated.

Brad

 
Posted : August 11, 2016 2:55 pm
Jim in AZ
(@jim-in-az)
Posts: 3365
Member
 

Since this is a legal issue, if I was doing this I would consult with an attorney.

Walt Robillard once told me that disclaimers by surveyors are next to worthless. I wonder if disclaimers by governmental agencies have more validity?

 
Posted : August 11, 2016 3:01 pm
(@lmbrls)
Posts: 1066
Member
 

I am not sure if your concern is external liability or that others in your organization will you the data to make dangerous assumptions. Of course, both scenarios should be addressed. It would seem that there should be procedures in place or put in place as to how the data is to be used internally and if and when the data can be release externally. I see no problem with your disclaimer in general. You can call it a disclaimer or necessary metadata. To be more clear, you may state the sources used to compile the information and link to the source for each easement. I agree with Jim that a disclaimer is limited in decreasing liability.

 
Posted : August 12, 2016 5:48 am
(@bradl)
Posts: 234
Member
Topic starter
 

The "disclaimer" is an attribute that will be part of the shapefile, along with hyperlinks to the recorded document. I am not too concerned with liability, as much as informing people within my organization to not blindly trust what is shown on a map. I have consulted with our attorney and she saw no issue with showing the information for internal use only, if it stated that it was informative in nature.

 
Posted : August 12, 2016 7:53 am
MightyMoe
(@mightymoe)
Posts: 10002
Supporter
 

Locally the GIS disclaimer was rejected by a court during a dispute between a developer and the city.
The problem was over zoning, there were "errors" in the GIS, and the city tried to use the disclaimer as an out.

 
Posted : August 12, 2016 8:16 am

(@tom-adams)
Posts: 3453
Member
 

Bradl, post: 385887, member: 2848 wrote: Any comments are greatly appreciated, except for negative one, they are just appreciated.
Brad

Good one.

If it's a liability issue, I agree with consulting a legal expert. If you are just trying to protect people from themselves, I would suggest being more blunt. I find that most the people that use items for other than they were intended for don't even read the disclaimers; for those people I would make it short and to the point, and in legible, bold letters.

I always think back to a case where I was doing a survey and a person's outbuildings were way out of their own property. I told them that as far as I can tell his buildings were outside his line. He said "I got a survey in the house that says that they are not". He brought it out, and it was labeled as an "ILC" (which is disclaimed to be not a survey plat). Not only was it stated that it was not a survey plat, it even had a recommendation on the drawing by the surveyor recommending the owner get a boundary survey. Not only that, but it showed all of the outbuilding outside the property line on the ILC.

 
Posted : August 12, 2016 9:10 am
(@monte)
Posts: 857
Member
 

I just saw Bradl's last line. so here is my disclaimer when something breaks or goes wrong around here. "I was in the panhandle, so I know I didn't do it!" Yeah, it looks funny on a plat, but I didn't get in as much trouble for that as I did when I tried to send out a plat with Oklahoma labeled as Indian Territory.

 
Posted : August 12, 2016 9:17 am
FL/GA PLS
(@flga-pls)
Posts: 7403
Member
 

I'd put in real LARGE letters at the top: For informational purposes only, data shown hereon has not been field verified.

Of course there is the standard disclaimer you may consider:

Disclaimer
Do not remove this disclaimer under penalty of law.
For optimum performance and safety, please read these instructions carefully.

Void where prohibited. No representation or warranty, express or implied, with respect to the completeness, accuracy, fitness for a particular purpose, or utility of these materials or any information or opinion contained herein. Actual mileage may vary. Prices slightly higher west of the Mississippi. All models over 18 years of age. No animals were harmed during the production of this product. Any resemblance to actual people, living or dead, or events, past, present or future, is purely coincidental. This product not to be construed as an endorsement of any product or company, nor as the adoption or promulgation of any guidelines, standards or recommendations. Some names have been changed to protect the innocent. This product is meant for educational purposes only. Some assembly required. Batteries not included. Package sold by weight, not volume. Contents may settle during shipment. No user-serviceable parts inside. Use only as directed.

Do not eat. Not a toy.

Postage will be paid by addressee. If condition persists, consult your physician. Subject to change without notice. Times approximate. One size fits all. Colors may, in time, fade. For office use only. Edited for television. List was current at time of printing. At participating locations only. Keep away from fire or flame. Avoid contact with skin. Sanitised for your protection. Employees and their families are not eligible. Beware of the dog. Limited time offer. No purchase necessary. Not recommended for children under 12. Prerecorded for this time zone. Some of the trademarks mentioned in this product appear for identification purposes only. Freshest if eaten before date on carton. Subject to change without notice. Please allow 4 to 6 weeks for delivery. Not responsible for direct, indirect, incidental or consequential damages resulting from any defect, error or failure to perform. Slippery when wet. Substantial penalty for early withdrawal. For recreational use only. No Canadian coins. List each check separately by bank number. This is not an offer to sell securities.

Read at your own risk. Ask your doctor or pharmacist. Parental guidance advised. Always read the label. Do not use while operating a motor vehicle or heavy equipment. Do not stamp. Breaking seal constitutes acceptance of agreement. Contains non-milk fat. Date as postmark. Lost ticket pays maximum rate. Use only in well-ventilated area. Price does not include taxes. Not for resale. Hand wash only. Keep away from sunlight. For a limited time only. No preservatives or additives. Keep away from pets and small children. Safety goggles required during use. If rash, irritation, redness, or swelling develops, discontinue use. Do not fold, spindle or mutilate. Please remain seated until the web page has come to a complete stop. Refrigerate after opening. Flammable. Must be 18 years or older. Seat backs and tray tables must be in the upright position. Repeat as necessary. Do not look directly into light. Avoid extreme temperatures and store in a cool dry place. No salt, MSG, artificial colouring or flavoring added. Reproduction strictly prohibited. Pregnant women, the elderly, and children should avoid prolonged exposure to this product. If ingested, do not induce vomiting. May contain nuts. Objects in mirror may be closer than they appear. Do not use if safety seal is broken.

Apply only to affected area. Do not use this product if you have high blood pressure, heart disease, diabetes, thyroid disease, asthma, glaucoma, or difficulty in urination. May be too intense for some viewers. In case of accidental ingestion, seek professional assistance or contact a poison control center immediately. Many suitcases look alike. Post office will not deliver without postage. Not the Beatles. Products are not authorized for use as critical components in life support devices or systems. Driver does not carry cash. Do not puncture or incinerate. Do not play your headset at high volume. Discontinue use of this product if any of the following occurs: itching, aching, vertigo, dizziness, ringing in your ears, vomiting, giddiness, aural or visual hallucinations, tingling in extremities, loss of balance or coordination, slurred speech, temporary blindness, drowsiness, insomnia, profuse sweating, shivering, or heart palpitations. Video+ and Video- are at ECL voltage levels, HSYNC and VSYNC are at TTL voltage levels. It is a violation of federal law to use this product in a manner inconsistent with its labeling. Intentional misuse by deliberately concentrating and inhaling the contents can be harmful or fatal. This product has been shown to cause cancer in laboratory rats. Do not use the AC adaptor provided with this player for other products.

DO NOT DELETE THIS LINE -- make depend depends on it.

Warranty does not cover normal wear and tear, misuse, accident, lightning, flood, hail storm, tornado, tsunami, volcanic eruption, avalanche, earthquake or tremor, hurricane, solar activity, meteorite strike, nearby supernova and other Acts of God, neglect, damage from improper or unauthorised use, incorrect line voltage, unauthorised use, unauthorised repair, improper installation, typographical errors, broken antenna or marred cabinet, missing or altered serial numbers, electromagnetic radiation from nuclear blasts, microwave ovens or mobile phones, sonic boom vibrations, ionising radiation, customer adjustments that are not covered in this list, and incidents owing to an airplane crash, ship sinking or taking on water, motor vehicle crashing, dropping the item, falling rocks, leaky roof, broken glass, disk failure, accidental file deletions, mud slides, forest fire, riots or other civil unrest, acts of terrorism or war, whether declared or not, explosive devices or projectiles (which can include, but may not be limited to, arrows, crossbow bolts, air gun pellets, bullets, shot, cannon balls, BBs, shrapnel, lasers, napalm, torpedoes, ICBMs, or emissions of electromagnetic radiation such as radio waves, microwaves, infra-red radiation, visible light, UV, X-rays, alpha, beta and gamma rays, neutrons, neutrinos, positrons, N-rays, knives, stones, bricks, spit-wads, spears, javelins etc.).

Other restrictions may apply. Breach of these conditions is likely to cause unquantifiable loss that may not be capable of remedy by the payment of damages.

This supersedes all previous disclaimers

😉

 
Posted : August 12, 2016 9:27 am
hblair
(@hblair)
Posts: 162
Supporter
 

This disclaimer if from the assessors office in the county I do most of my work in.

Regarding our GIS (Geographic information System), the San Juan County Assessor‰Ûªs Office disclaims any warranty or warranty for fitness of use for a particular purpose, expressed or implied, with respect to this data. Furthermore, the San Juan County Assessor‰Ûªs office disclaims any Responsibility for the accuracy or completeness of this data. The mapped data on this site does not constitute a legal survey. For the definitive description of real property, consult the deeds recorded in the County Clerks Office.

 
Posted : August 12, 2016 9:52 am
(@scott-ellis)
Posts: 1181
Member
 

Monte, post: 385979, member: 11913 wrote: I just saw Bradl's last line. so here is my disclaimer when something breaks or goes wrong around here. "I was in the panhandle, so I know I didn't do it!" Yeah, it looks funny on a plat, but I didn't get in as much trouble for that as I did when I tried to send out a plat with Oklahoma labeled as Indian Territory.

Wow labeled as Indian Territory, how long have you been surveying?

 
Posted : August 12, 2016 10:11 am

(@monte)
Posts: 857
Member
 

Scott Ellis, post: 386000, member: 7154 wrote: Wow labeled as Indian Territory, how long have you been surveying?

I'm in my mid 40's, but there are some ideas us West Texicans just ain't ready to give up.

 
Posted : August 12, 2016 12:36 pm
(@lamon-miller)
Posts: 525
Member
 

All data shown hereon is for general informational purposes only and is not to be relied on for legal purposes. The user shall be responsible for verifying the information contained herein.

 
Posted : August 12, 2016 1:47 pm