Last Updated on February 3, 2015
1. Legal Contract.
1.2 By utilizing the Website and/or purchasing Products from the Website, you acknowledge the following:
- Company is not a government or quasi-government agency and does not represent or speak on behalf of any government or quasi-government agency.
- Company is solely and exclusively a data provider and is not in a superior position to locate, obtain or determine any data than anyone else conducting their own due diligence concerning the data provided by Company and its employees.
- Company does not physically inspect any buildings.
- The Products and all data provided by Company are from sources other than from physical inspection.
- Company is not responsible for and does not guarantee the accuracy, completeness or correctness of the Products or any of the data provided.
- The Products and the Services are not a substitute for your own due diligence.
- The Products and all data is provided for informational purposes only.
- None of the Products or data is verified as true, correct or complete in any respect.
- The Products and all data is provided "as is" and "as available" from various governmental and quasi-governmental agencies and other public databases.
- You assume all risk and liability for any actions taken, decisions made or any other reliance on the information provided through the Services the Products and/or the Website.
- Payment of any fees is separate from and not contingent upon any predetermined results or information conveyed via the Services, the Products or Website or any analysis, opinion, or conclusions drawn or derived from the Services, the Products or Website.
- Company is under no obligation to make any affirmative disclosures to anyone.
- Company does not provide legal advice.
4. Electronic Communications.
You consent to receive required notices from Company and to transact with Company electronically. Company may communicate with you by email or by posting notices on the Website. You agree that all notices, disclosures, and other communications that Company makes electronically satisfy any legal requirement that such communications be in writing and be delivered to you. If you do not agree to receive electronic communications, stop using the Services and/or the Website.
5. Changes to This Website/Right to Terminate.
6. Third Party Referrals/ Links.
6.1 To the extent that Company provides referrals to consultants, vendors or other professionals ("Third Party Referrals"), it does not imply any approval or endorsement thereof by Company. It is up to you to conduct your own due diligence regarding such Third Party Referrals. Interactions that occur between you and Third Party Referrals are strictly between you and the Third Party Referrals. Company does not assume any liability or responsibility for any Third Party Referrals.
7. Placing an Order.
7.1 On the search and search results pages (www.viocopies.com/search), you will be able to choose the type(s) and quantit(ies) of Notices or other products (collectively, the "Products" or a "Product") you are interested in purchasing. Once you have made your selections, follow the instructions provided to complete your order. You will then be prompted to provide your billing information, such as your credit card number, billing address and phone number. You will be required to log-in as an account holder with your Access Methods (as defined in Paragraph 15.2 below) or to create an account in which your information may be saved to be used for future purchases.
7.2 Once you have made your purchase, Company is under no obligation to retain a copy of your purchase. The Products are available to anyone who pays for them. Even if you purchase a Notice specific to a property that you own, such Notice may be purchased by a third party.
7.3 Company reserves the right to refuse any order you place. Company may, in its sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event Company makes a change to or cancels an order, Company will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Company reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by competitors or placed in a suspicious or unauthorized manner.
8. Fees and Charges; Payment Source.
8.1 No charge is made for the general use of the Website.
8.2 By placing an order, you authorize Company to charge your credit card or other payment method that you have designated for such purpose ("Payment Source"). You agree to pay for the Products, in U.S. dollars, using the Payment Source provided at the time of payment. If any of the Products purchased are subscription-based, your subscription will continue or renew automatically and you will be charged the then current subscription fee associated with the Product until you cancel. If your Payment Source information is no longer valid and you fail to provide Company with a valid Payment Source information, Company may suspend access to the Product and your order for the Product will be subject to termination with or without notice. You will be solely responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed.
8.3 Company may use third parties to facilitate payment transactions. We are not liable or responsible for such third party transactions.
9. Changes to Products and Prices.
Company may change the prices of the Products at any time, and you will be charged the new price for all future purchases. Company may not offer the same or all Products on the Website. Company may also modify or discontinue any Products on the Website (or any portion thereof). If Company discontinues the Services or any Products you have purchased, Company will give you a pro-rated refund for any Product purchased but not yet provided.
10. Products Require Electronic Communications.
Unless otherwise noted, all Products are internet-based and in order to access the Products you must have: an internet browser that supports 128-bit encryption; an email account and appropriate email software; a personal computer or mobile device, operating system and connection to the internet; and sufficient electronic storage capacity on your computer's hard drive or other data storage unit or a printer that is capable of printing from your browser and email software. You further agree that Company may send you e-mails which may include notices about the Website or the Services as well as information pertaining to the Products. Please note that mobile messaging and data rates may apply when using a mobile device and you should consult with your provider.
11. Product Cancellation and Refunds.
12. Discounts and Coupons.
Company may from time to time offer discounts, coupons or promotion codes for Product purchases (collectively, the "Discounts"). Certain terms and conditions may apply. Company reserves the right, in its sole discretion, not to honor any Discounts and to amend the terms and conditions for any Discounts.
13. Prohibited Conduct.
13.1 Your use of the Website is subject to all applicable local, state, federal and international laws and regulations. You agree not to violate such laws and regulations or use the Website for any unlawful purpose. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Services and/or the Website. You may not attempt to gain unauthorized access to the Website or any Services or information to which you have not been granted access through password mining or any other process.
13.2 You shall not, and shall not engage a third party to, undertake any effort to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Company’s software, applications, processes, or other intellectual property. You cannot use any portion of the Website on a timeshare or service bureau basis or host, on a subscription basis or otherwise, or use any portion of the Website or Services for a third party. You shall not use data-mining, robots, or any other data-gathering and extraction tools or use webpage frames to enclose any part of the Website. You shall not use any metatags or other hidden text that includes Company trademarks or trade names. You agree not to submit or transmit through the Website any material or engage in any conduct that:
- Violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- Is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit, abusive, harassing, intimidating, fraudulent, invasive of another's privacy, tortiously interferes with another, or is otherwise objectionable, or which otherwise violates any law, rule or regulation or the rights of a third party;
- Forges email headers or otherwise disguises the origin of any communication;
- Impersonates any person, business or entity including Company and/or our employees or agents;
- Contains viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telephonic (including cable) equipment and/or is likely to harm Company’s or a third party's computer system;
- Tests the vulnerability of the Website or the Services or circumvents any security mechanism used by the Website or Service;
- Allows for you or any third party to unlawfully access the computer and/or computer network of a third party;
- Discloses, harvests, or otherwise collects information, including email addresses, or other private information about any third party without that party's express consent;
- Transmits junk mail, spam, surveys, contests, pyramid schemes, chain letters, or other unsolicited email or duplicative messages;
- Constitutes a criminal act or that gives rise to civil liability;
- Attempts to or does reverse engineer, decompile, disassemble, or otherwise discover the source code of Company's software applications, processes, or other intellectual property;
- Attempts to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to the Website, through hacking, password mining, or any other means;
- Systematically retrieves any data or products from the Website to create or compile, directly or indirectly, in whole or in part, a collection, compilation, or database.
14.1 Unless otherwise stated, all Company content, including but not limited to, text, images, trademarks, service marks, trade names, logos, button icons, audio clips, data compilations, user interfaces and software, is the property of Company or other third parties. Such content may contain information which is proprietary and/or of a confidential nature and protected by copyright, trademark, patent and other federal and state intellectual property laws.
15. Use By License Only.
15.2 You may use portions of the Website with a username or password or by other methods that Company may specify (collectively, "Access Methods"). You are solely responsible for ensuring that your Access Methods are known to and used only by you. You will be solely responsible for all acts or omissions of any person using your Access Methods, including without limitation, all transactions executed and orders placed through the Website using your Access Methods. All transmissions generated by use of your Access Methods will be deemed to be authorized by you whether or not Company acknowledges receipt of such transmission. If your Access Methods have been lost, stolen or compromised, you will immediately notify Company and provide Company with detailed information as to when and how you became aware your Access Methods have been lost, stolen or compromised. Upon receipt of this notice by Company, your Access Methods will be cancelled. However, you are responsible for any actions taken through the use of such Access Methods before they are cancelled. In Company's sole discretion, it may terminate, revoke, suspend, modify, or change any or all of your Access Methods at any time with or without prior notice. You will be solely responsible for any losses, damages or costs that you may incur as a result of errors made by, or the failure of, the software or equipment that you use to access the Website.
15.4 With respect to any information, feedback, questions, and/or comments (collectively, "Submissions") that you provide us via the Website, you grant to Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques, without attribution. You further represent and warrant that if you are not the owner of such material, that the owner of such material has expressly granted you the right to grant the foregoing license to Company. You acknowledge and agree that any other user of the Website may access, view, store or reproduce the material for that user's personal use and that Company shall have no obligations of any kind with respect to any Submissions. In addition, you hereby waive all moral rights you may have in any Submissions sent to Company by you.
The contents of the Website and other communications, electronic or otherwise, are owned by Company and are subject to copyright protection and may not be reproduced, displayed, disclosed to third parties or published in full or in part without the prior written consent of Company. Company grants to you a limited, non-exclusive, non-transferrable license to copy its content for your personal use, for example by downloading, printing, or saving to your individual storage medium. You must not remove or alter any proprietary notice included in the content. You understand that any unauthorized use of Company's or a third party's copyrighted materials licensed hereunder may subject you to the payment of damages, attorneys’ fees and disbursements and the grant of injunctive relief against you. Please also refer to Company's Digital Millennium Copyright Act Notice, posted at www.viocopies.com/dmca, for further information in the event you any materials published by third parties on this Website infringe a valid copyright owned by you.
Trademarks and service marks on the Website are the property of Company or other third parties, and may be registered, the subject of pending trademark applications and/or are common-law trademarks. You are prohibited from the use of any of Company’s trademarks and understand that any unauthorized use of Company's trademarks or of a third party's trademarks may constitute infringement and may subject you to the payment of damages, attorneys' fees and disbursements and the grant of injunctive relief against you.
18. Equitable Relief.
You understand and agree that due to the nature of the harm it would cause to Company if there were any unauthorized use of Company's intellectual property or proprietary or confidential information, in addition to such other remedies which may be available to it hereunder, at law or in equity, Company may seek and obtain immediate injunctive relief enjoining such unauthorized use of Company's intellectual property or proprietary or confidential information. You hereby waive any requirement that Company post a bond in seeking equitable relief. Company shall be entitled to recover from you all legal fees (including attorneys’ fees), costs and other expenses which Company incurs in connection with its enforcement of the provisions of this Agreement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
20. DISCLAIMER OF WARRANTIES.
YOU ACKNOWLEDGE THAT COMPANY IS NOT A GOVERNMENT OR QUASI-GOVERNMENT AGENCY AND DOES NOT REPRESENT OR SPEAK ON BEHALF OF ANY GOVERNMENT OR QUASI-GOVERNMENT AGENCY. THE WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS TO YOU. COMPANY SPECIFICALLY DOES NOT WARRANT THAT THE WEBSITE, SERVICES OR PRODUCTS WILL MEET ANY REQUIREMENTS. COMPANY, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY PROMISES OF ACCURACY OR CORRECTNESS OF INFORMATION PROVIDED OR OMITTED OR OF ANY REFERRALS PROVIDED. YOU ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE FOR THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION POSTED OR NOT POSTED ON THE WEBSITE OR IN THE PRODUCTS OR OTHERWISE COMMUNICATED TO YOU AS PART OF THE SERVICES AND THAT YOU SHOULD UNDERTAKE YOUR OWN DUE DILIGENCE DIRECTLY WITH ANY APPROPRIATE GOVERNMENT OR QUASI-GOVERNMENT AGENCY. YOU FURTHER ACKNOWLEDGE THAT COMPANY MAKES NO WARRANTIES REGARDING PROTECTION OF YOUR PERSONAL INFORMATION. WHILE COMPANY UNDERTAKES ALL COMMERCIALLY REASONABLE MEASURES TO PROTECT ITS WEBSITE AND THE INFORMATION CONTAINED THEREIN FROM BEING COMPROMISED OR MISUSED, COMPANY CANNOT GUARANTEE AND SPECIFICALLY DOES NOT WARRANT THE PROTECTION OF INFORMATION AGAINST SUCH UNAUTHORIZED ACCESS OR USE.
21. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE THAT COMPANY AND ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND MEMBERS ("COMPANY PARTIES") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SERVICES, PRODUCTS AND/OR THE WEBSITE. IN NO EVENT SHALL COMPANY'S OR COMPANY PARTIES’ LIABILITY FOR ANY AND ALL CLAIMS, CAUSES OF ACTION OR DAMAGES, RELATING TO THE USE OF THE WEBSITE AND/OR THE SERVICES EXCEED THE TOTAL AMOUNT THAT YOU PAID COMPANY FOR THE SPECIFIC TRANSACTION AT ISSUE IMMEDIATELY PRIOR TO THE TIME THE CAUSE OF ACTION ACCRUED. THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE YOU WITH THE SERVICES WITHOUT SUCH LIMITATIONS. COMPANY AND COMPANY PARTIES ARE NOT LIABLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES, THE PRODUCTS OR THE WEBSITE. TO THE MAXIMUM EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL COMPANY OR COMPANY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY USE OF THE SERVICES, THE INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES OR THE PRODUCTS, ANY CONTENT POSTED ON THE WEBSITE, ANY CONTENT TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
DISPUTES / NO CLASS ACTION
24. No Class Action.
Even if applicable law permits class actions, Company and you each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
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