Portal Terms of Service
We are pleased to offer online access to the Indexing Systems of our participating recording jurisdictions. Please read carefully the following Terms of Service before using the Portal. By creating an account and using the Portal, you, as a “User” referred to herein, agree to be bound by these Terms of Service and have entered into a legally binding agreement with Cott Systems, Inc. (“Cott”).
- General Restrictions on Use
1.1 The Portal is offered by subscription only at the prices indicated on the login page. Payments through PayPal’s secure payment gateway are accepted. Accepted credit/debit cards include: Visa, MasterCard, and Discover. American Express is not accepted at this time.
1.2 Only the User or individuals authorized by the User may use the User’s account information and password and access the Portal. Users may be restricted from accessing Portal or records without notice. You are solely and entirely responsible for maintaining the confidentiality of your account information and password. Furthermore, you are solely and entirely responsible for any and all activities which occur under your account.
1.3 You are granted a nonexclusive, nontransferable, limited license to access and use the Portal made available to you. This license is limited to the right to electronically display records retrieved from the Portal to no more than one person at a time and to print or download records via printing or save commands on the Portal. Except as specifically permitted in this section 1.3, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or redistributing records retrieved from the Portal. You may not print or download the records without using the printing or save commands on the Portal. You may not use the Portal for any unlawful or abusive purpose or in any way which interferes with or disrupts the Portal or other users. You may not use the Portal as a service bureau or allow time sharing. You may not use any web spider, crawler, robot or any other type of automated process or protocol to search the Portal or collect records.
1.4 “Records” available in this search consist of released records. The term “released” means the records have been recorded, indexed, verified and released for general public viewing by the respective recording jurisdiction. There may be records that have been assigned official numbers but are not yet completely indexed or available via a search on the Portal.
1.5 While we have attempted to preserve the accuracy of all records available through this Portal, the records are not official. Neither Cott nor the respective recording jurisdiction will be responsible for any inaccuracies. Only the official public records provided by a recording jurisdiction shall be referenced as the official public records.
1.6 The Portal is available through the User’s connection to the Internet. Cott is not responsible for transmission limitations or interruptions of internet service. The User acknowledges and agrees that Cott is not responsible for delays and performance issues related to conditions on the internet or the function of the User’s internet connection or other transmission lines.
1.7 By using the Portal in any form, the User agrees to indemnify and hold harmless the respective recording jurisdiction, Cott and their respective officers, subsidiaries and affiliates and anyone involved in storing, retrieving, or displaying this information for any damage of any type that may be caused by retrieving information and records through the Portal.
1.8 These Terms of Service commence on the date a User identification number and password are assigned to the User and continue until terminated as provided herein.
2.1 NO WARRANTY. THE PORTAL AND THE RECORDS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND COTT AND EACH SUPPLIER OF RECORDS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO WARRANTY IS MADE THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, OR THAT THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO COTT OR ANY SUPPLIER OF RECORDS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PORTAL OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PORTAL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
2.2 Limitation of Liability. Cott shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from (i) the User’s use of the Portal, (ii) internet access to the Portal, (iii) the content of Records or other materials included with or accessed via the Portal, (iv) for Portal failure or modification, or (v) any “force majeure” (i.e. any flood, earthquake, fire, war or other act of God or action of government).
2.3 No Special Damages. Cott is not liable for any direct, indirect, incidental or consequential damages whether based in contract, tort (including negligence), strict liability or otherwise resulting from the ability to use the Portal, or for cost of procurement of substitute goods or services.
2.4 CAP ON LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF COTT FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED FROM THE USER IN REGARDS TO THE SERVICES OR RECORDS THAT GAVE RISE TO THE CLAIM.
3.1 These Terms of Service may be changed by Cott from time to time by posting new Terms of Service or by providing you notice as described below. Charges and payment terms and all other provisions may be changed by Cott immediately upon notice. Your subscription for access to the Portal may be terminated immediately upon notice to Cott if any change is unacceptable. Continued use of the Portal following any change constitutes acceptance of the change.
3.2 Cott or the User may terminate the subscription for access to the Portal. The effective date of the termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. Cott may suspend or discontinue providing the Portal to the User without notice and pursue any other remedy legally available to it if you fail to comply with your obligations hereunder. Section 2 and any other provision which reasonably may be expected to survive shall survive the termination of your subscription.
3.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically by Cott. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed: on the date first made available, if displayed electronically by Cott; or on the date received if delivered in any other manner.
3.4 The failure of Cott or any third party supplier of Records to enforce any provision herein shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
3.5 These Terms of Service shall be governed by and construed in accordance with the law of the State of Ohio without regard to choice of law rules. Any lawsuit brought against Cott must be brought in Columbus, Ohio.
3.6 These Terms of Service represent the entire agreement between the User and Cott, which may only be amended as described herein. If any part of these Terms of Service is deemed invalid, all other Terms of Service will remain enforceable.