|The recipient of the real property
documents provided by Courthouse Direct.com, Inc. pursuant to this website
shall comply with the following terms and conditions:|
1. An Image is solely for use by: a. you, including your own appropriately
trained employees or agents, limited to the following:
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 Images. CHD makes no
representation or warranty about the legality or propriety of the Image's used
in any jurisdiction, state or region.
3. YOU must not: a. disclose, use, disseminate, reproduce or publish any
portion of the Images 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 Images or any portion of the Images; c. process or permit to be processed
the Images or any portion of the Images with other data or software from any
other source; d. allow access to the Images through any terminal located
outside of YOUR operations; e. use the Images outside the United States; or f.
use the Images to create, enhance or structure any database in any form for
resale or distribution.
4. YOU are prohibited from using the Images: a. 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 Image'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 Images 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 Images -- 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 Images 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
7. EXCEPT AS OTHERWISE STATED IN THESE TERMS AND CONDITIONS, EACH IMAGE 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 IMAGE 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 IMAGE, 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 IMAGES ARE LIMITED TO DIRECT MONEY DAMAGES
NOT EXCEEDING THE AMOUNT YOU PAID TO CHD ON THIS DOWNLOAD FOR YOUR IMAGES. 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 Images, 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.