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”). This Portal is hosted on behalf of the
recording jurisdictions by Cott.
Restrictions on Use
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.
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 the 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.
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.
"Records" available in this
search consist of records that have been officially recorded. The search will display a "status"
of "Not Complete" if the record has only been recorded, but has not
yet been fully indexed. A status of
"Not Verified" indicates the record has been fully indexed, but has
not yet passed the verification process.
A blank status will indicate the record has been recorded, indexed,
verified and released for general public viewing. These steps are performed and controlled by
each individual recording jurisdiction and are not within the control of Cott.
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 or
incomplete records. Only the official
public records provided by a recording jurisdiction at its office shall be
referenced as the official public records.
Further, Cott shall not be responsible or liable for the display or
posting of any personally identifiable information including, but not limited
to, social security numbers that appear in indexes or recorded documents
accessible on or through this Portal.
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.
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
processing account or internet merchant account which enables you to pay fees
or charges incurred in your use of the Portal is provided by an independent
vendor (such as Verisign, PayPal).
Neither the recording jurisdiction nor Cott is responsible for the
conduct of the vendor including as to the collection, storage or
confidentiality of your personally identifiable information. Cott does not store personally identifiable
information relating to your payment on its servers.
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.
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.
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” event (i.e. any
flood, earthquake, fire, war or other act of God or action of government).
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 or arising in
connection with the use of or inability to use the Portal, or for cost of
procurement of substitute goods or services.
CAP ON LIABILITY.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, 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.
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.
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.
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.
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
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.
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