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TERMS & CONDITIONS OF USE OF SITE & CONTENTS The following terms and conditions govern all access to and use of this Site. Through User's access of this Site, User accepts, without limitation or alteration, all of the terms and conditions, contained in these Legal Notices. The trademarks, logos and service marks (collectively the "Marks" or "Mark") appearing on the Site are registered and unregistered Marks of Liberty Data, Inc. For purposes of these terms & conditions, all references to Liberty Data, Inc. shall include the Site, Liberty Data, Inc., and any other affiliates or associated entities). The Site and the information contained therein in no way grant any license or right to use any Mark displayed on the Site. User is strictly prohibited from using the Marks displayed on the Site or any other content on the Site, except as provided in these Legal Notices. Liberty Data, Inc. aggressively enforces its intellectual property rights, including through criminal prosecution where appropriate. Liberty Data, Inc. and its affiliates and/or subsidiaries (collectively referred to throughout as "Liberty Data, Inc. ") have established and continue to maintain this Site to provide information, education and communication for private, non-commercial use only. Downloading of material displayed on the Site is limited to non-commercial, personal use only, provided User retains all copyright and other proprietary notices contained on the materials. The content of the Site cannot be used, posted, sold, transmitted, distributed, modified or transferred for public or commercial purposes, without the written permission of Liberty Data, Inc. Although Liberty Data, Inc. has used its best efforts to obtain accurate and reliable information, any user of this Site may not rely upon the information for accuracy, and must check with the respective court files for the jurisdiction in question to verify the accuracy of the information contained therein. With the exception of consumer personally identifiable information as discussed in each web site-specific Privacy Policy, available as a link on every Liberty Data, Inc. owned web site, any communication or material sent to Liberty Data, Inc. or to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, feedback or the like, is, and will be deemed, non-confidential and non-proprietary. Further, subject to each web site-specific Privacy Policy available as a link on every Liberty Data, Inc. owned web site, any communication or material sent to Liberty Data, Inc. becomes the property of Liberty Data, Inc. and its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Liberty Data, Inc. is free to use any ideas, concepts, know-how or techniques contained in any communication sent to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Liberty Data, Inc. makes no representations whatsoever about any other web site which may be accessed through this Site. Access to a non-Liberty Data, Inc. web site is independent from Liberty Data, Inc., and Liberty Data, Inc. has no control over the content on that web site. In addition, a link to a non-Liberty Data, Inc. web site does not mean that Liberty Data, Inc. endorses or accepts any responsibility for the content, or the use, of such web site. Access to Liberty Data, Inc. requires 3rd party software. These include but are not limited to the following minimum requirements:
It is the User’s responsibility to have minimum software, and related hardware, installed to access Liberty Data, Inc. To qualify to access the Site, User must be in at least one of the following categories:
The information that the Liberty Data, Inc. service provides to the end user may contain consumer identification information governed by the Fair Credit Reporting Act (FCRA), the Graham-Leach-Bliley Act (GLB) or the Drivers Privacy Protection Act (DPPA), or any similar state or local statute, rule, or regulation. Customer shall not use the Liberty Data, Inc. services for marketing purposes nor for the purpose of serving as a factor in establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes. Customer shall abide by such legislation and rules and regulations as may be enacted or adopted after the date hereof. Customer agrees that if Liberty Data, Inc. determines or reasonably suspects that Customer is engaging in marketing activities, reselling or brokering the Liberty Data, Inc. services' records, or otherwise violating any of the laws or regulations described in these terms and conditions, Liberty Data, Inc. may immediately terminate the delivery of, and the license to use, the services. Use of the Liberty Data, Inc. services is expressly conditioned upon acceptance of and agreement to terms contained herein ("Terms"). Liberty Data, Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the computer equipment or other property of User arising from or related to access to, use of, or browsing in the Site or the downloading of any materials, data, text, images, video, or audio from the Site by User. IN NO EVENT WILL Liberty Data, Inc. , ITS AFFILIATES, ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON USERS' INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Liberty Data, Inc. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES The Site's content is copyrighted. Use of the Site's content is prohibited except as provided herein, without the written permission of Liberty Data, Inc. . Although Liberty Data, Inc. attempts to include accurate and up-to-date information in the Site, Liberty Data, Inc. makes no warranties or representations as to its accuracy or timeliness. Liberty Data, Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site. Information on this Site may contain technical inaccuracies or typographical errors. Liberty Data, Inc. may change or update information without notice. Liberty Data, Inc. may make improvements and/or changes in the products and/or the programs described in this Site at any time without notice. USER WAIVES ALL CLAIMS AS TO THE ACCURACY AND RELIABILITY OF ANY AND ALL INFORMATION ON THE SITE AND ACKNOWLEDGES THAT HE/SHE HAS BEEN ADVISED TO VERIFY THE ACCURACY OF THE INFORMATION PROVIDED BY Liberty Data, Inc. BEFORE RELYING UPON SAME. Charges: Customer shall be responsible for payment for all services obtained through Customer's username and password(Login ID), whether or not such Login ID is used by Customer or a third party, whether with or without Customer's consent, provided access to Customer's Login ID is not the result of use by a person formerly or presently employed by Liberty Data, Inc. or who obtains the Login ID by or through a break-in or unauthorized access of Liberty Data, Inc. ’s offices, premises, records or documents, or computer system. Customer agrees that at all times during the term of the Application and Agreement it shall keep all passwords for use of Liberty Data, Inc. services confidential and shall provide such passwords only to individuals that have a need to know. Customer shall pay Liberty Data, Inc. for all charges incurred for the use of the Liberty Data, Inc. services on an "as used" basis via credit card number or billing arrangement on file . Searches: Use of and browsing in the Site are at User's risk. Without limiting the foregoing, everything on the Site is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Liberty Data, Inc. either owns or has permission to use the images displayed on the Site. All of these images are either the property of, or used with permission by Liberty Data, Inc. . All uses of these images for any purpose are prohibited without express, written authorization of the President of Liberty Data, Inc. . Use of the images without authorization may violate certain laws, including but not limited to those relating to copyright, trademark, privacy and publicity. Liberty Data, Inc. owns and retains all right, title, and interest in and to the Liberty Data, Inc. websites, including all copyrights, patents, trade secret rights, trademarks (including service marks and logos), and other intellectual property rights therein. The rights granted to you to search this Site do not transfer to you any title in any Liberty Data, Inc. intellectual properties, and you shall not acquire any rights except as expressly set forth herein. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the Liberty Data, Inc. services' data. Customer acknowledges that Liberty Data, Inc. (and/or Liberty Data, Inc.’s third-party data providers) shall retain all right, title, and interest in and to the data and information provided by the Liberty Data, Inc. services under applicable contractual, copyright, and related laws, and Customer shall use such materials consistent with Liberty Data, Inc.’s interests and notify Liberty Data, Inc. of any threatened or actual infringement of Liberty Data, Inc.’s rights. Liberty Data, Inc. controls and operates this Site from its offices within the United States of America. Liberty Data, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so of their own initiative and are responsible for compliance with applicable local laws. Materials may not be used or exported in violation of U.S. export laws and regulations. Any claim relating to the materials will be governed by the substantive laws of the State of Florida excluding its choice of law provisions. Venue for any litigation arising out of use or misuse of any of the information contained in this site will lie in the Circuit Court for Seminole County, Florida. In the event there is a conflict between these Terms and Conditions, the Application, The Service Agreement the relevant terms and conditions of the Service Agreement shall control. |
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