TERMS AND CONDITIONS
The recipient ("You") of Indexes, Images and Reports provided by CourthouseDirect.com, Inc. (CHD) shall comply with the following terms and conditions:
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Indexes and Reports prices are independent of Your document image pricing group.
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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 by the
following unless otherwise agreed by CHD:
i. with no right to sublicense, redistribute or resell;
ii. limited to internal business purposes; and
iii. with access only via a means specified in this Agreement.
2. Use of the Indexes, Images, and Reports provided by CHD does not include the
following and You shall not and shall not permit or authorize any third party to:
i. Extend any warranties on behalf of CHD or imply that CHD is responsible for reliability, accuracy, completeness, or currency of any information.
ii. Reverse engineer, decompile, decrypt, or disassemble Products, or attempt to de-aggregate or de-anonymize any data or information that has been aggregated or anonymized, remove proprietary notices or labels, use any robot, spider, or other automated method (other than an Enverus API) to access, download, or reproduce Proprietary Data, or use Products in a way that causes a denial of service for other users or interferes with or unduly burdens performance.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
This Refund Policy ("Policy") outlines the terms and conditions governing refunds for the services provided by Enverus, Inc.. Please review the following key elements:
1. Billing Cycle:
• Billing occurs on the first of each month, irrespective of the service initiation date.
• All plans, except FileViewer, are prorated. Unused views for FileViewer do not roll over.
2. Cancellation:
• To be eligible for a refund, cancellations must be made within 3 days before the last day of the month.
• Monthly purchases are non-refundable without written cancellation notice.
3. FileViewer:
• Monthly minimums for pricing plans do not include FileViewer; FileViewer is charged separately.
• Additional views must be added before viewing documents.
• Additional views only impact the rate of views taken place after the additional view was purchased.
• The 50 cents per view charge is nonrefundable for any views over the existing view purchase for the duration before the additional view was purchased.