Terms & Conditions

 

Thank you for visiting Colorado's Conservation Data Explorer (CODEX) website and reviewing our Disclaimer Policy. You should also be aware of the privacy policy, which is described below. By visiting this website, you are accepting the policies and practices described in this Disclaimer Notice below. Please note that this Disclaimer is subject to change without notice.

Disclaimer of Liability

The Colorado Natural Heritage Program (CNHP), Colorado Parks and Wildlife (CPW), and other data providers to CODEX shall not be held liable for any improper or incorrect use of the information contained herein and assumes no responsibility for the use of the information. In no event shall the above parties be liable for any direct, indirect, or incidental damages arising in any way out of the use of this service. These data have been processed successfully on computers of CNHP, CPW and their partners and no warranty, expressed or implied, is made by CNHP, CPW and our data partners regarding the use of these data on any other system, nor does the fact of distribution constitute or imply any such warranty. In no event shall CNHP, CPW and our data partners have any liability whatsoever for payment of any consequential, incidental, indirect, special, or tort damages of any kind, including, but not limited to, any loss of profits arising out of use of or reliance on the data provided by the CODEX or arising out of the delivery, installation, operation, or support of the Tool by CNHP. This disclaimer of liability applies to any damages or injury.

This site is not monitored by CNHP  for any failure of performance, error, omission, defect, delay in operation or transmission, computer virus, alteration or use of record. Users of the information available on this website assume any risk of using or relying on information contained herein.  

Disclaimer of Accuracy of Data

While CNHP, CPW and our data partners attempt to provide the most accurate information possible, this spatial and other data is "as is" and CNHP, CPW and our data partners make no guarantee or warranty concerning the accuracy, adequacy, completeness, reliability, or usefulness of any information contained in the CODEX. The aforementioned parties further make no warranties, either expressed or implied as to any other matter whatsoever, including, without limitation, the condition of the product, or its fitness for any particular purpose. The burden for determining fitness for use lies entirely with the user. Information in the CODEX comes from a variety of different sources, with varying levels of certainty.

Information is added and changed periodically, and data may become out-of-date quickly. It is recommended that the user not let a significant period of time elapse between obtaining and using the information. CNHP, CPW and our data partners deny responsibility for the conduct of the users of the CODEX.

Use of the CODEX is particularly applicable to identifying species and resources of concern within small geographic areas. Please contact CNHP, CPW and our data partners direclty to obtain precise location data or to obtain information on a greater diversity of species and at multi-county or other larger scales.

Disclaimer of Applicability of Data

The CODEX is constantly being updated and expanded. Information contained in the CODEX does not constitute an official opinion by the CNHP, CPW or our data partners, nor will it, by itself, meet any regulatory requirements. The information in the CODEX does not replace the need for conducting field work. The information must be used in consultation with appropriate federal, state, and local officials. The absence of data confirming the occurrence of a species within a geographic area does not constitute a negative declaration.

Disclaimer of Spatial Habitat Information

The CODEX uses both actual occurrence data and predicted animal distributions to inform CODEX reports and outputs. These models are based upon relationships among resources and conditions that support species occurrence and persistence. Modeled habitat distributions have not been calibrated using the known range of all species occurrences. Animal habitat modeling maps or prior occurrence point locations should not be used in place of site-specific determinations of species occurrence, and should not be used in lieu of field surveys.

Digital Data Disclaimer

These data are a product and property of Colorado State University, Colorado Natural Heritage Program (CNHP) and CNHP's data partners who have provided data for CODEX. These data are strictly "on loan" and should be considered "works in progress". Data maintained in the Colorado Natural Heritage Program database are an integral part of ongoing research at CSU and reflect the observations of many scientists, institutions and our current state of knowledge. These data are acquired from various sources, with varying levels of accuracy, and are continually being updated and revised. Many areas have never been surveyed and the absence of data in any particular geographic area does not necessarily mean that species or ecological communities of concern are not present. These data should not be regarded as a substitute for on-site surveys required for environmental assessments. Absence of evidence is NOT evidence of absence. Absence of any data does not mean that other resources of special concern do not occur, but rather CNHP files do not currently contain information to document this presence. CNHP and its data partners are not responsible for whether other, non-CNHP/non-CNHP partner data providers have secured landowner permission for data collected.

Under no circumstances are data to be distributed in any fashion to outside parties, please refer all requests for the data to original owner/creator of the data resource as reflected in the metadata. To ensure accurate application of data, tabular and narrative components must be evaluated in conjunction with spatial components. Failure to do so constitutes a misuse of the data. The Colorado Natural Heritage Program and its data partners shall have no liability or responsibility to the data users, or any other person or entity with respect to liability, loss, or damage caused or alleged to be caused directly or indirectly by the data, including but not limited to any interruption of service, loss of business, anticipatory profits or indirect, special, or consequential damages resulting from the use of operation of the data. Data users hereby agree to hold CNHP, its data partners, Colorado State University, and the State of Colorado harmless from any claim, demand, cause of action, loss, damage or expense from or related to data users use of or reliance on the data, regardless of the cause or nature thereof, and even in the event that such cause is attributable to the negligence or misconduct of CNHP.

These data are provided on an as-is basis, as-available basis without warranties of any kind, expressed or implied, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Although CNHP and our partners maintain high standards of data quality control, CNHP, its data partners, Colorado State University, and the State of Colorado further expressly disclaim any warranty that the data are error-free or current as of the date supplied.

Colorado Ownership, Management and Protection (COMaP) Disclosure

By downloading or viewing COMaP data, no right has been created to access protected lands. Many protected lands are not open to the public. Entering an area that is not open to the public subjects an individual to possible sanctions for trespass under Colorado law.

If You Choose to Communicate with the Department Through this Website

To enable us to respond to your communications, you will need to provide personal contact information. We may retain this information as part of our files and it will be retained in the system as long as you have a user account. Your personal information will not be sold or shared with any other party except as required by law.

The confidentiality of internet transactions is not guaranteed. You must decide if you want to assume the risk that an unauthorized person may learn your email address or other information you may provide as it is transmitted. 

Cookies

Cookies are bits of computer code that can be used by our computer while you visit our website. You can prevent cookies from being placed on your computer by accessing your browser's preferences menu. 

Changes

Please note that this Privacy Policy is subject to change without notice.

Contact Us

If you have questions about this policy or feel that we have acted in violation of this policy, please contact us by one of the following methods:

Colorado Natural Heritage Program CODEX Project
Colorado State University
1475 Campus Delivery
Fort Collins, CO 80523-1475
 

Tel: (970) 491-7331
Fax: (970) 491-3349
General Email: CNHP@colostate.edu