eSEARCH TERMS AND CONDITIONS
We are pleased to offer online search access where copies of publically recorded index data and images (“Data”) are available through our eSearch site. eSearch is an online resource for accessing Data through subscriptions utilizing a User profile and various access and payment options. Please read carefully the following Terms and Conditions (“Terms”) before using eSearch. By becoming a “User” through creating an account on the eSearch site, you agree to be bound by these Terms and have entered into a legally binding agreement.
1. Subscriptions
1.1 eSearch is offered by prepaid subscription(s) to access Data at the prices indicated, as applicable. Payments are processed by credit/debit card or bank account deductions through a PCI DSS compliant payment gateway, as applicable. Accepted credit cards include: Visa, MasterCard, American Express, and Discover. The prices are subject to change.
1.2 Prepaid accounts are setup by Users of eSearch by charging a credit card or applying a bank account deduction to pay for Data, as applicable. The payment processing account or internet merchant account which enables you to pay fees or charges incurred in your use of eSearch is provided by independent vendors. Neither the recording jurisdiction nor Cott is responsible for the conduct of the vendor including the collection, storage or confidentiality of your personally identifiable information. Customer and Cott does not store personally identifiable information relating to your payment on its servers.
1.3 You must be 18 years or older to use or subscribe to eSearch. You must provide accurate and complete registration information.
1.4 Once you become a User, your subscription will be valid from the moment of purchase until the end date on the subscription which may be hourly, daily, monthly, semi-annual or annual. Billing charges will be processed immediately when your order is taken and according to the billing details displayed when you choose a subscription.
1.5 Recording jurisdiction or the User may cancel subscriptions to eSearch. Recording jurisdiction may suspend or discontinue providing eSearch to the User without notice and pursue any other remedy legally available if the User fails to comply with the Terms hereunder. Section 3, and any other provision which reasonably may be expected to survive, shall survive the cancellation of the subscription.
1.6 Any subscription(s) to access eSearch may be cancelled by contacting the recording jurisdiction. Not all cancelled subscriptions are eligible for a refund. Only six month and annual subscriptions (if available at all) are eligible for a refund under certain conditions. Refunds may be given upon request in the event the recording jurisdiction’s Data is no longer accessible through eSearch, and only for six month and annual subscriptions, where recording jurisdiction will issue a refund for only the full remaining unused months. Refunds will be applied to the original payment method. As a User of the site, you will want to be sure that what you are selecting for purchase, is indeed what you want to purchase, as mistakes by the User in purchasing the ‘wrong’ Data or the ‘wrong’ subscription will not be refunded. Refunds will be given upon notification in the event that there is an eSearch originated service issue directly resulting in erroneous charges.
2. Terms of Use
2.1 Only the User may use the User’s account information and password to access eSearch. Users may be restricted from accessing eSearch or records without notice in the case someone other than you is using your account. 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.
2.2 Upon subscription purchase, you are granted a nonexclusive, nontransferable, limited license to access and use the eSearch site. This license is limited to the right to electronically display records retrieved from eSearch to no more than one person at a time and to print or download records via selectable features in eSearch. Except as specifically permitted in this section, you are prohibited from reproducing, transmitting, displaying, copying, distributing or redistributing records retrieved from eSearch. You may not print or download the Data without using the selectable features in eSearch. You may not use eSearch for any unlawful or abusive purpose or in any way which interferes with or disrupts eSearch or other users and you agree not to circumvent, disable or otherwise interfere with security related features or features that enforce limitations on use of eSearch. You may not use eSearch as a service bureau or allow time sharing. You may not use any web spider, crawler, robot or any other type of automated data mining or scraping process or protocol to search eSearch or collect records. The license granted terminates if you do not comply and any violation of this limited use license may result in immediate termination of your subscription(s) and may result in legal action against you.
2.3 Data available consists of records that have been officially recorded. The search will display a status of "incomplete” or “not verified” until the record has been fully recorded, indexed, verified and officially released for general public viewing. These steps are performed and controlled by the recording jurisdiction and are not within the control of Cott.
2.4 These Terms commence on the date an eSearch account is created by the User and continue until the account is terminated.
3. Limitations
3.1 NO WARRANTY. eSEARCH AND THE RECORDS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND COTT EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO WARRANTY IS MADE THAT ESEARCH WILL MEET YOUR REQUIREMENTS, OR BE COMPATIBLE WITH YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR ENVIRONMENT, OR THAT ESEARCH WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COTT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF eSEARCH OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH eSEARCH. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF eSEARCH 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. COTT DOES NOT WARRANT THAT eSEARCH, THE RELATED SERVICES, SERVERS, or ANY EMAILS WHICH MAY BE SENT FROM COTT ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
3.2 Limitation of Liability. Cott and recording jurisdiction shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from (i) the User’s use of eSearch, (ii) internet access to eSearch, (iii) the content of the Data included with or accessed via eSearch, (iv) for eSearch 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).
3.3 Data integrity. Neither Cott nor the respective recording jurisdiction will be responsible for any inaccuracies or incomplete records displayed through eSearch. Cott and recording jurisdiction shall not be responsible or liable for the display or posting of any personally identifiable information that may appear in the Data. Official public records are housed at the recording jurisdiction location.
3.4 Internet Connection & Data Retrieval. eSearch is available through the User’s connection to the Internet. Cott and the recording jurisdiction is not responsible for transmission limitations or interruptions of internet service. The User acknowledges and agrees that Cott and recording jurisdiction 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 eSearch in any form, the User agrees to indemnify and hold harmless the respective recording jurisdiction, Cott and its respective officers, subsidiaries and affiliates and anyone involved in storing, retrieving, or displaying the Data for any damage of any type that may be caused by retrieving the Data through eSearch.
3.5 No Special Damages. Cott and recording jurisdiction 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 eSearch, or for cost of procurement of substitute goods or services.
3.6 CAP ON LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE MAXIMUM LIABILITY OF COTT OR RECORDING JURISDICTION FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED FROM THE USER FOR THE CURRENT SUBSCRIPTION IN REGARDS TO THE SERVICES OR DATA THAT GAVE RISE TO THE CLAIM.
4. Miscellaneous Terms and Conditions
4.1 Notices. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail plus two business days if mailed; on the date first made available, if displayed electronically; or on the date received if delivered in any other manner.
4.2 Arbitration. By using eSearch, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of recording jurisdiction, without regard to its principles on conflicts of laws, will govern these Terms, your use of eSearch, and any dispute of any sort that might arise. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
4.3 These Terms may be changed by Cott and recording jurisdiction from time to time by posting new Terms or by providing you notice. Your subscription(s) for access to eSearch may be terminated immediately upon notice to recording jurisdiction if, upon any change, the subscription or use is deemed unacceptable. Continued use of eSearch following any change constitutes acceptance of the change.
4.4 The failure of Cott or recording jurisdiction 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.
4.5 These Terms represent the entire agreement between the User and Cott and recording jurisdiction, which may only be amended as described herein. If any part of these Terms is deemed invalid, all other Terms will remain enforceable.