USER AGREEMENT
1. PURPOSE. Provider is providing this Agreement to you to set forth the terms
applicable to your use of the Site.
PLEASE READ ALL THE TERMS AND PROVISIONS OF THIS AGREEMENT VERY CAREFULLY.
2. ACCEPTANCE OF TERMS. You understand that accessing or transmitting
information, registering or otherwise
participating in Provider constitutes and shall be deemed an unconditional
acceptance by you of all the terms of
this Agreement. If you do not agree with all the terms of this Agreement, you
must not use or participate in
Provider. Provider reserves the right, at its sole discretion, to change, modify
or add to this Agreement, at any
time, and without prior notice to you. By completing a registration for
Provider, you agree that any and all
information that you supply in the registration process and other information
that Provider may require from time
to time, is current, truthful, and complete. Provider reserves the right to
terminate your registration with Provider
at any time or in the event that the information provided by you, including your
e-mail address, is no longer
current or accurate. You agree to maintain only one active registration with
Provider at all times and you certify
that you currently have no other registration(s) with Provider.
3. FEES & CHARGES. You will be charged for the services in accordance with the
Provider's fee schedule in effect
at the time services are utilized. The current fee schedule is available from
the Provider's home page for review
prior to use of any services. Payment for setting up your account will be due at
the time you register. Payments
for ongoing services will be based upon the services selected and the billing
dates for your account. If payment is
made by credit card, your account will automatically be charged. In any event
payment shall be due no later than
10 days after the end of the calendar month in which the services are provided.
Upon termination all charges will
be due immediately. Payment shall be by credit card unless other arrangements
have been accepted by the
Provider. In the case of credit card payments, all charges you incur for the use
of services will be debited to the
credit card number you provide. If this credit card number expires or Provider
is otherwise unable to debit valid
charges to it the Provider may terminate your access without prior notice to
you, and in such event you agree to
pay all charges for services used, plus an additional late payment and servicing
fee equal to 5% of such
outstanding charges, which shall be in addition to any other fees or costs of
collection.
4. CONTENT AND PROPERTY RIGHT PROTECTIONS. The content available through
Provider is the property of
Provider or its licensors and is protected by copyrights, trademarks, service
marks, patents or other proprietary
rights and laws. You agree that all content located at Provider is the sole
property of Provider. You understand and
agree that the information in, or derived from Provider, including
communications, photos, video, graphics and
other material may not be copied, republished, redistributed, transmitted,
altered, edited or exploited in any
manner for any purpose, without notice to Provider and the prior express written
permission of Provider. Provider
neither warrants nor represents that your use of materials displayed on the Site
will not infringe rights of third
parties not owned by or affiliated with Provider.
5. ACCURACY. While Provider uses reasonable efforts to include accurate and up
to date information in the Site,
Provider makes no warranties or representations as to its accuracy. Provider
assumes no liability or responsibility
for any errors or omissions in the content of the Site. Provider will not be
responsible to you for any Loss suffered
by you, any of your business affiliates, or any other party.
6. USER NAME AND PASSWORD. You shall be the only authorized user of Provider
through your User Name and
Password.
7. TRADEMARKS. The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site
are Trademarks of Provider and others. Nothing contained on the Site should be
construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the Site without the
written permission of Provider or such third party that may own the Trademarks
displayed on the Site. Your use of
the Trademarks displayed on the Site, or any other content on the Site, except
as provided in this Agreement, is
strictly prohibited. You are also advised that Provider will aggressively
enforce its intellectual property rights to the
fullest extent of the law, including the seeking of criminal prosecution.
8. TRANSMISSIONS TO SITE. Any communication or material you transmit to the Site
by electronic mail or
otherwise, including any data, questions, comments, suggestions or the list is,
and will be treated as,
nonconfidential and nonproprietary. Anything you transmit or post becomes the
property of Provider or its
affiliates and may be used for any purpose, including, but not limited to,
reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, Provider is free to use any
ideas, concepts, know-how, or
techniques contained in any communication you send to the Site for any purpose
whatsoever including, but not
limited to, developing, manufacturing and marketing using such information.
Through your usage of this Site, you
may submit and/or Provider may gather certain limited information about you and
your web site usage. Provider is
free to use such information for any purpose it deems appropriate, including,
but not limited to: (i) creating
customized web pages; (ii) marketing purposes; (iii) reporting to regulators and
law enforcement agencies.
9. SITE LINKS. Provider has not reviewed any or all of the sites linked to the
Site and is not responsible for the
content of any off-site pages or any other sites linked to the Site. Your
linking to the Site, off-site pages or other
sites is at your own risk and without the permission of Provider.
10. INFORMATION RETRIEVAL TECHNIQUES. Retrieving information with robots or by
any automated means, or
by any other method of accessing or using the data and services provided on this
Site other than through the
methods provided on the Site are specifically prohibited. The following are
examples, which are not intended to be
an exhaustive list, of prohibited actions: (1) screen scraping text data; (2)
pulling images from the Site (in any
format) to avoid the charge for a PDF version of the same image; and, (3)
framing of the Site by another site; are
all specifically prohibited without prior written notice to Provider and the
prior written consent of Provider.
11. RISK OF LOSS. Your use of and browsing in the Site are at your risk. Neither
Provider, any of its agencies, nor
any other party involved in creating, producing, or delivering the Site is
liable for any direct, incidental,
consequential, indirect, special or punitive damages arising out of your access
to, or use of, the Site. Without
limiting the foregoing, Provider also assumes no responsibility, and shall not
be liable for, any damages to, or
viruses that may infect, your computer equipment or other property on account of
your access to, use of, or
browsing in the Site or your downloading of any materials, data, text, images,
video, or audio from the Site.
12. LIMITATIONS OF LIABILITY. PROVIDER SHALL NOT HAVE ANY LIABILITY OR
OBLIGATION TO YOU OR ANY
THIRD PARTY (WHETHER CAUSED DIRECTLY OR INDIRECTLY) RELATING TO PROVIDER,
INCLUDING, BUT NOT
LIMITED TO, (I) THE MATERIALS AND OTHER INFORMATION MADE AVAILABLE VIA PROVIDER
OR (II) THE
INTERRUPTION, DELAY OR FAILURE IN THE TRANSMISSION, DELIVERY OR DISTRIBUTION OF
THE SERVICES
OR MATERIALS. PROVIDER'S SOLE LIABILITY TO YOU FOR ANY CLAIMS, NOTWITHSTANDING
THE FORM OF
SUCH CLAIMS (I.E. CONTRACT, NEGLIGENCE OR OTHERWISE), ARISING OUT OF YOUR USE OF
PROVIDER,
SHALL BE TO USE PROVIDER'S REASONABLE EFFORTS TO RESUME THE SERVICES AS PROMPTLY
AS
REASONABLY PRACTICABLE. IN NO EVENT SHALL PROVIDER HAVE ANY LIABILITY FOR LOST
PROFITS,
INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF THE
SAME. IN NO EVENT SHALL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF RELATING
TO THIS
AGREEMENT EXCEED FIFTY DOLLARS ($50).
13. WARRANTIES. EVERYTHING ON THE SITE, INCLUDING WITHOUT LIMITATION ALL DATA
AND SERVICES, IS
PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
14. ORIGINAL SOURCE DISCLAIMER. The original source of the content of the image
and/or data collections
available on this Site is the appropriate government office responsible for this
information, whether purchased
directly from the government office or a third party provider of such data. The
government offices, third party data
providers, and Provider bear no responsibility for the integrity or accuracy of
the data contained, either in its form
initially provided or due to any documentation manipulation or reformatting of
data that may occur. The use of
trademarks, logos or any other identification of government offices or third
party data providers does not imply
that such party supports or endorses any use made by Provider of data provided
or of any other activity of
Provider.
15. TERMINATION. You agree that we may, in our sole discretion, terminate or
suspend your access to all or part
of Provider for any reason, including, without limitation: (i) breach of this
Agreement or any subsequent
modifications; or, (ii) attempted assignment of your membership by you. Any
suspected fraudulent, abusive or
illegal activity is grounds for termination of your membership and may be
referred to appropriate law enforcement
authorities or governmental regulatory body. Provider shall not be liable to you
or any third party for any claims
related to your termination from Provider.
16. GENERAL PROVISIONS & CONSTRUCTION OF AGREEMENT
A. Assignment. This Agreement is not assignable by you.
B. Counterparts. This Agreement may be accepted electronically in as many
counterparts as may be required and
it shall not be necessary that the signature of, or in behalf of, any party
appear on any electronically accepted
counterpart.
C. Severability. If any one or more of the terms of this Agreement shall to any
extent be adjudged invalid,
unenforceable, void, or voidable for any reason, each and all of the remaining
terms of this Agreement shall not
be affected thereby and shall be valid and enforceable to the full extent
permitted by law.
D. Headings. The subject headings of the paragraphs and subparagraphs of this
Agreement are included for the
purpose of convenience only, and shall not affect the construction or
interpretation of any of their provisions.
E. Construction. Any ambiguities in this agreement shall be construed in favor
of Provider.
F. Capitalization. Generally, defined terms in this agreement begin with a
capital letter. However, where the
context requires, a term which is not capitalized may also be construed as a
defined term.
G. Time of the Essence. Time shall be of the essence with respect to each and
every term of this Agreement.
H. Tense. Where the context requires, the singular shall include the plural and
the plural shall include the singular.
I. General Terms. The use of specific terms shall not be construed to limit the
construction or meaning of general
terms.
J. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all
prior discussions, understandings or agreements. This Agreement shall not be
amended or modified except by a
subsequent written Agreement posted to the Site by Provider or by separate
written agreement executed by
Provider.
K. Attorney Fees. If any action at law or in equity is necessary to enforce or
interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees,
costs, and disbursements
in addition to any other relief to which such party may be entitled.
L. Governing Law. To the extent necessary, all aspects of this Agreement shall
be construed, enforced, and
governed according to and by the laws of the United States of America, and,
where state law is necessary to the
implementation of this Agreement the laws of the State of Arkansas.
M. No Third Party Beneficiary. This Agreement is for the sole benefit of
Provider and the User and shall not be
construed or deemed to be made for the benefit of any third party or parties.
NOTWITHSTANDING, FOR
PURPOSES OF THE USER'S OBLIGATIONS, GOVERNING LAW, JURISDICTION AND VENUE,
DISCLAIMERS, AND
LIMITATIONS OF WARRANTIES AND REMEDIES HEREUNDER, INCLUDING WITHOUT LIMITATION
THE
PROVISIONS OF SECTIONS 11 THROUGH 14, AND SECTION 16. SUBSECTION L, THE TERM
PROVIDER SHALL
ALSO BE DEEMED TO MEAN THIRD PARTY PROVIDERS OF DATA AND SERVICES USED OR
ACCESSED BY THE
USER THROUGH THE SITE.
N. Waiver and Future Compliance. A waiver of any provision of this Agreement by
Provider shall not be construed
to be a waiver of compliance with such provision in the future.
O. General Law Compliance. User agrees to comply with all federal, state and
local laws applicable to: (i) the use
of the Site; and, (ii) the use of the data and/or materials obtained from the
Site in any transaction or transactions
where the data or materials are used.
P. Notices. All notices permitted or required to be given under this Agreement
shall be in writing, addressed as
shown below, and may be: (i) personally delivered; or, (ii) delivered by express
courier service; or, (iii) mailed by
certified or registered United States Mail. The effective date of notice shall
be: (i) the date of delivery, for personal
or express courier deliveries {which date of delivery may be evidenced by a
receipt signed by an officer of the
company being noticed}; (ii) the date shown on the "return card" for certified
or registered mail if delivery is by
certified or registered mail. Said notices shall be addressed as follows:
Ultima
a division of
PropertyInfo Corp
One Solutions Way
Hardy, Arkansas 72542