Public Records Tracker Agreement
This agreement is between you, the subscriber to the Public Records Tracker service, and CRM on Target, who hosts the Public Records Tracker application service.
BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF PUBLIC RECORDS TRACKER'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
Privacy Statement; Disclosure
Public Records Tracker's privacy policies may be viewed at http://www.PublicRecordsTracker.com/privacy. Public Records Tracker reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. It is the responsibility of the Individual user to periodically review this policy, for any updates or changes. Note that because the Service is a hosted, online application, Public Records Tracker occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Public Records Tracker can disclose the fact that you are a paying customer and the edition of the Service that you are using.
License Grant and Restrictions
Public Records Tracker hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Public Records Tracker and its licensors.
You may not access the Service if you are a direct competitor of Public Records Tracker, except with Public Records Tracker's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Public Records Tracker immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Public Records Tracker immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Public Records Tracker user or provide false identity information to gain access to or use the Service.
Account Information and Data
Public Records Tracker does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not Public Records Tracker, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Public Records Tracker shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Public Records Tracker will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. Public Records Tracker reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Public Records Tracker shall have no obligation to maintain or forward any Customer Data.
Intellectual Property Ownership
Public Records Tracker alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Public Records Tracker Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Public Records Tracker Technology or the Intellectual Property Rights owned by Public Records Tracker. The Public Records Tracker name, the Public Records Tracker logo, and the product names associated with the Service are trademarks of Public Records Tracker or third parties, and no right or license is granted to use them.
It is the end-user's responsibility to keep his/her password confidential, and to change the password on a regular basis. Public Records Tracker is not responsible for any data losses or security issues due to stolen passwords. Public Records Tracker recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.). Public Records Tracker support does not have access to viewing existing passwords. For security reasons, Public Records Tracker support can only reset passwords.
Month to Month Term
There is no minimum term of service. Service is billed at the start of each service month (based on the day of the month you signed up for service) for the following month and we cannot give any refunds for partial month's service.
You may cancel the service at any time by sending an email to cancel@PublicRecordsTracker.com. Public Records Tracker will send you a form to complete your cancelation process. Requests for cancellation must be submitted via email and the form must be received to process the cancelation. Service is billed at the start of each service month (based on the day of the month you signed up for service) for the following month and we cannot give any refunds for partial month's service. Upon cancellation, your Public Records Tracker email and contact data located on Public Records Tracker's servers may no longer be available. It is the end-user's responsibility to retrieve this data prior to the request for cancellation of the service. Public Records Tracker cannot guarantee retrieval of data once an account is cancelled.
Billing and Renewal
Public Records Tracker charges and collects in advance for use of the Service. Public Records Tracker will automatically renew and bill your credit card or for government purchase orders, issue an invoice to you each month on the subsequent anniversary date (based on the day of the month you signed up for service). We cannot give any refunds for partial month's service. The renewal charge will be equal to the then-current number of total Users subscriptions times the subscription fee in effect during the prior term, unless Public Records Tracker has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Public Records Tracker's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Public Records Tracker's income.
You agree to provide Public Records Tracker with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and Subscriber Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Public Records Tracker reserves the right to terminate your access to the Service in addition to any other legal remedies.
Unless Public Records Tracker in its discretion determines otherwise: all users will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Non-Payment and Suspension
In addition to any other rights granted to Public Records Tracker herein, Public Records Tracker reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or Public Records Tracker initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Public Records Tracker may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Public Records Tracker reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Public Records Tracker has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
Termination upon Expiration/Reduction in Number of Licenses
This Agreement commences on the Effective Date and the term is indefinite and may be terminated at any time in Public Records Tracker's sole discretion. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one month, if the Initial Term is greater than one month) at Public Records Tracker's then current fees. Either party may terminate this Agreement or reduce the number of subscriptions, effective only upon the expiration of the then current Subscription Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated (other than by reason of your breach), Public Records Tracker will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that Public Records Tracker has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
Termination for Cause
Any breach of your payment obligations or unauthorized use of the Public Records Tracker Technology or Service will be deemed a material breach of this Agreement. Public Records Tracker, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Public Records Tracker may terminate a free account at any time in its sole discretion. You agree and acknowledge that Public Records Tracker has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
Representations and Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Public Records Tracker represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Public Records Tracker help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
You shall indemnify and hold Public Records Tracker, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Public Records Tracker (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Public Records Tracker of all liability and such settlement does not affect Public Records Tracker's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
Public Records Tracker shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Public Records Tracker of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Public Records Tracker; provided that you (a) promptly give written notice of the claim to Public Records Tracker; (b) give Public Records Tracker sole control of the defense and settlement of the claim (provided that Public Records Tracker may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Public Records Tracker all available information and assistance; and (d) have not compromised or settled such claim. Public Records Tracker shall have no indemnification obligation, and you shall indemnify Public Records Tracker pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
Disclaimer of Warranties
PUBLIC RECORDS TRACKER AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. PUBLIC RECORDS TRACKER AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PUBLIC RECORDS TRACKER AND ITS LICENSORS.
PUBLIC RECORDS TRACKER'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PUBLIC RECORDS TRACKER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. Modification to Terms