The recipient of Indexes, Images and Reports provided by Courthouse Direct.com, Inc. (CHD) shall comply with the following terms and conditions:

  • Indexes and Reports prices are independent of your document image pricing group.
  • Indexes, Images and Reports do not always have complete information. Indexes and Reports are provided as is and refunds will not be provided for incomplete reports.

1. The Indexes, Images and Reports are solely for use by: a. you, including your own appropriately trained employees or agents, limited to the following unless otherwise agreed by CHD:
i. with no right to sublicense, redistribute or resell;
ii. limited to the your internal business purposes; and
iii. with access only via a means specified in this Agreement.

2. YOU ARE solely responsible for obtaining any necessary license, certificate, permit, approval or other authorization required by federal, state or local statute, law or regulation applicable to YOUR use of the Indexes, Images and Reports. CHD makes no representation or warranty about the Indexes, Images and Reports used in any jurisdiction, state or region.

3. YOU must not: a. disclose, use, disseminate, reproduce or publish any portion of the Indexes, Images and Reports in any manner other than as stated in paragraph 1 above; b. permit any parent, subsidiary, affiliated entity or other third party to use the Indexes, Images and Reports or any portion of the Indexes, Images and Reports; c. process or permit to be processed the Indexes, Images and Reports or any portion of the Indexes, Images and Reports with other data or software from any other source; d. allow access to the Indexes, Images and Reports through any terminal located outside of YOUR operations; e. use the Indexes, Images and Reports outside the United States; or f. use the Indexes, Images and Reports to create, enhance or structure any database in any form for resale or distribution.

4. YOU are prohibited from using the Indexes, Images and Reports as a factor in establishing an individual's eligibility for credit or insurance; b. in connection with underwriting individual insurance; c. in evaluating an individual for employment purposes; d. in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority; e. in connection with any permissible purpose as defined by the Fair Credit Reporting Act (15 U.S.C. Sections 1681 et seq.); or f. in any other manner that would cause the Indexes, Images and Report's use to be construed as a consumer report by any authority having jurisdiction over any of the parties.

5. YOU must not use the Indexes, Images and Reports for any purpose that: a. infringes any third party's copyright, patent, trademark, trade secret, other proprietary right, or right of publicity or privacy; b. violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising); or c. is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

6. Because the Indexes, Images and Reports -- while comprised in part of public record data -- describe information that may be considered to be sensitive information by some consumers, YOU must respect the request of consumers to remove their name, mailing address or telephone number from use in solicitation. YOUR duty to comply with this policy is an integral condition to CHD entering into this Agreement. YOU must: a. not use for solicitation the name, mailing address or telephone number of a consumer that is designated within the Indexes, Images and Reports as requesting protection from solicitation; b. not broadcast or otherwise make public the name, address or other information about an individual consumer, unless CHD and the subject consumer provide written authorization to do so; c. abide by all prevailing federal, state, and local laws and regulations governing fair information practices and consumers' rights to privacy; and D. limit access to consumer information to those individuals who have a "need to know" in connection with YOUR business, obligating those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices.

7. EXCEPT AS OTHERWISE STATED IN THESE TERMS AND CONDITIONS, EACH REPORT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THIS DISCLAIMER MAY NOT APPLY. CHD NEITHER ASSURES NOR ASSUMES ANY LIABILITY TO ANY PERSON FOR THE PROPER PERFORMANCE OF SERVICES NECESSARY TO THE CONDUCT OF A REAL ESTATE CLOSING. CHD DOES NOT REPRESENT OR WARRANT THAT ANY REPORT IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON FOR LOSS OR DAMAGE CAUSED BY ANY ERROR OR OMISSION IN ANY REPORT, WHETHER THE ERROR OR OMISSION RESULTS FROM NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE.

8. CHD'S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO THESE TERMS AND CONDITIONS AND USE OF THE INDEXES, IMAGES AND REPORTS ARE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT YOU PAID TO CHD ON THIS DOWNLOAD FOR YOUR REPORT. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT MUST BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. CHD HAS NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF CHD IS AWARE OF THE POSSIBILITY OF THE LOSS OR DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

9. YOU indemnify and hold CHD harmless from and against any third party's claim arising out of or related to YOUR use of the Indexes, Images and Reports, or attributable to YOUR breach of these terms and conditions, if CHD gives YOU prompt written notice of that claim. CHD has a right to control the defense and any settlement of the claim, and YOU must cooperate with CHD in defending against the claim.