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Terms and
Agreement
The
following are the terms and conditions for use of the
Landmark Investigators and locate101.com service ("Service"). Please read them
carefully. This Service is provided to individuals who
are at least 18 years old. BY CLICKING THE "I
ACCEPT" BUTTON AND COMPLETING THE REGISTRATION
PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN
ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE
TERMS AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your
acceptance without modification of the terms,
conditions, and notices contained herein.
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MEMBER
ACCOUNT, PASSWORD, AND SECURITY
To register for the service, you must complete the
registration process by providing us with current,
complete and accurate information as prompted by the
Registration Form, including e-mail address
(username) and password. Furthermore, you are
entirely responsible for any and all activities that
occur under your account. You agree to notify
Landmark Investigators immediately of any
unauthorized use of your account or any other breach
of security.
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NONEXCLUSIVE
LICENSE
Landmark Investigators and locate101.com ("Supplier") hereby grants you a
non-exclusive license to use this Service for use in
a single business entity. You may not: (1) modify,
translate, or create derivative works based on the
Service, or permit other individuals to do so;
(2)rent, lease, transfer or otherwise transfer
rights to the Service; (3)use a single account for
multiple business entities. (4) Resell
information in any manner or form at any time. (5)
Change any identifying words, logo's, marks, etc on
a Landmark Investigator report, including but not
limited to FirstSearch reports. (6) Allow another
business or individual to access this service using
your assigned username or password.
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FEES
AND SERVICES
Our Fees Policies are available at www.locate101.com/payment.htm
and are incorporated by reference. We may change our
Fees and Credits Policy and the fees for our
Services from time to time. Our changes to the
policy are effective after we provide notice of the
changes by posting the changes on our web site.
Unless otherwise stated, all fees are quoted in U.S.
Dollars. You are responsible for paying all fees
associated with using our service and our web site.
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MEMBER
PRIVACY
Landmark Investigators and locate101.com is firmly committed to the privacy of its customers
and visitors to its web sites. Landmark will not
monitor, edit, or disclose any personal information
about you or your use of the Landmark Service unless
Landmark has a good faith belief that such action is
necessary to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend
the rights or property of Landmark Investigators; or
(3) enforce the Terms and Conditions. Landmark
Investigators does not provide traffic information
in aggregate form to third parties.
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PRIVACY
POLICY FOR VISITORS TO WWW.LANDMARK
INVESTIGATORS.COM
Visitors to our Site are not tracked. Landmark
Investigators fully complies with applicable law;
and protects privacy in a manner consistent with the
principles of an industry-approved privacy
certification program. You further understand and
agree that Landmark Investigators privacy policy may
change from time to time.
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PRIVACY
POLICY FOR CUSTOMERS USING LANDMARK INVESTIGATORS
AND FIRSTSEARCH INFO SERVICES.
Set out below is Landmark Investigators Privacy
Policies for Customers Using Landmark Investigators
web site to purchase public record information.
Landmark Investigators may from time to time change
this policy in its sole discretion. You understand
and agree that such changed policies are enforceable
promptly after receipt of changed policies from
Landmark Investigators.
Privacy Principles
Because your privacy is important to us, Landmark
Investigators conducts its business under the
following principles:
Principle 1 - Your Information is Confidential
All the statistical information we compile from our
web site is considered confidential. Statistics from
our web site are protected by usernames and
passwords; do not disclose these to unauthorized
persons. To ensure this privacy, we subscribe to the
latest technology and principals available to us to
insure that no third party may view your personal
information. This policy includes securing your
information during the online process and securing
your information where it is stored at our office
location in Massachusetts.
Principle 2 - Landmark Has Limited Access to your
Information
Landmark Investigators will not access, modify, or
otherwise divulge the statistical information we
compile from our site unless acting under a good
faith belief that such action is necessary to: (1)
conform to legal requirements or comply with legal
process; (2) protect and defend the rights or
property of Landmark Investigators; (3) enforce the
Landmark Investigators Terms of Service; or (4)
troubleshoot any service problems.
Principle 3 - No Site-Specific Data is Ever
Divulged Without Permission
Landmark Investigators compiles statistics on it's
website. These statistics are limited to certain
broad categories, such as internet browser usage and
screen resolution. This information is presented
only in an aggregate form, and in no event will we
present specific site data without permission. At
this time our exclusive use of statistical
information is to record how many visitors we
receive to (6) individual pages of our site. Our web
site is currently UNABLE TO DETERMINE THE IDENTITY
of any individual visitor. Landmark Investigators
does not expect this policy to change in the near
future.
Principle 4 - Use of Cookies
Cookies are pieces of information that a web site
transfers to your computer's hard disk for
record-keeping purposes. Cookies can make a web site
more useful by personalizing information for
visitors and by storing information about your
preferences on a particular site. The use of cookies
is an industry standard, and many major web sites
use them to provide useful features for their
customers.
It is Landmark Investigator's policy to use cookies
only for the following purposes:
To customize our site for you
To help improve navigation
Most browsers are initially set up to accept
cookies. If you would prefer, you can set your
browser to reject cookies. However, you will not be
able to take advantage of our web site if you do so.
Principal 5 - Personal Information
Our site's registration form may require users who
signed up for our service to give us contact
information (such as their name and e-mail address),
and financial information (such as their credit card
numbers). Personal and financial information that is
collected is used to check the user's qualifications
for registration and to bill the user for products
and services. Landmark Investigators does not store
such information linked to a cookie.
We may use this information to:
Contact you when necessary
Send you information about our company
Send you promotional material from some of our
partners
Users may opt-out of receiving future mailings. To
remove your name from our mailing list, please send
email to registration@locate101.com
For More Information
If you have any questions or comments about this
agreement, our services, or your experience with
Landmark Investigators, you can use the Feedback
page on our site, or write to us at:
Landmark Investigators
P.O. Box 845
Norwood, MA 02062 USA
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SITE
INFORMATION
The general operation of the Landmark Investigators
and FirstSearch Info Services site is as follows:
The user registers with Landmark Investigators by
providing personal identifying information. The user
assures Landmark Investigators that this information
is true and accurate. The user is then allowed entry
to the FirstSearch order site. The user orders
public record information for a fee after selecting
a legal use for this information from a list of all
possible legal use. User agrees to terms of service
and user agrees that user has a legal right to this
information. Landmark Investigators delivers this
information through secure encrypted email after
confirming that the user has paid the fee.
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SECURITY
INFORMATION
Landmark Investigators and locate101.com has advanced security measures in place to prevent
the loss, misuse or adulteration of data. These
measures include Secure Socket Layer encryption and
the use of a reliable Firewall. For more
information, see the Landmark Investigators and
FirstSearch Info Services Security Policy. Any
questions or concerns about security can be
addressed to info@locate101.com
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INDEMNIFICATION
You agree to defend, at your expense, any action
brought against Supplier arising out of your use of
the Service with any third parties or from your
willful misconduct. You will indemnify Supplier from
any costs, damages and fees incurred by Landmark
Investigators and FirstSearch Info Services, which
are attributable to such a claim.
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LIMITATION
OF LIABILITY
The information and services included in or
available through the Service may include
inaccuracies or typographical errors. Changes are
periodically added to the information herein.
Landmark Investigators and locate101.com and/or its respective suppliers may make
improvements and/or changes in the Service at any
time. Landmark Investigators and FirstSearch Info
Services does not represent or warrant that the
Service will be uninterrupted or error-free, that
defects will be corrected, or that the Service or
the server that makes it available, are free of
viruses or other harmful components. Landmark
Investigators and FirstSearch Info Services does not
warrant or represent that the use or the results of
the use of the Service or the materials made
available as part of the Service will be correct,
accurate, timely, or otherwise reliable. You
specifically agree that Landmark Investigators and
FirstSearch Info Services shall not be responsible
for unauthorized access to or alteration of your
data. Further, Landmark Investigators and
FirstSearch Info Services reserves the right to make
changes to any and all parts of Landmark
Investigators and FirstSearch Info Services products
at any time, without obligation to notify any person
or entity of such changes.
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DISCLAIMER
OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND THERE
ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY
SUPPLIER, EITHER EXPRESS, IMPLIED, OR STATUTORY,
WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY
COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE
USAGE. SUPPLIER DOES NOT WARRANT THAT THE SERVICE
WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT
THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED.
THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN
ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE
BASIS FOR DETERMINING THE PRICE CHARGED FOR THE
PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN
IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU.
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EXCLUSIVE
REMEDY
Supplier's cumulative liability to you or any other
party for any loss or damages resulting from any
claims, demands, or actions arising out of or
relating to this Agreement shall not exceed the fee
paid to Supplier for the Service. In no event shall
Supplier be liable for any indirect, incidental,
consequential, special, or exemplary damages or lost
profits, even if Supplier has been advised of the
possibility of such damages.
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EXCLUSION
OF CONSEQUENTIAL AND OTHER DAMAGES
SUPPLIER WILL NOT BE LIABLE TO USER OR ANY
THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF
CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR
OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY
OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY
REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY
PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING
PARAGRAPH MAY NOT APPLY TO YOU.
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PROPRIETARY
RIGHTS TO CONTENTS
Title, ownership rights, and intellectual property
rights in and to the Service shall remain with
Landmark Investigators. The Service and the
intellectual property operating it are protected by
the copyright laws of the United States and
international copyright treaties. Title, ownership
rights, and intellectual property rights in and to
the content, and code accessed through the Service
is the property of the Supplier and may be protected
by applicable copyright or other law. This
membership gives you no rights to such content or
code. All contents of the Service are: Copyright ©
2000 Landmark Investigators and FirstSearch Info
Services and/or its suppliers Landmark
Investigators, 1017 Turnpike Street, Suite 1-3,
Canton, MA 02021 USA. All rights reserved.
FirstSearch Info, FirstSearch Live and/or other
Landmark products and services referenced herein are
either trademarks or registered trademarks of
Landmark Investigators.
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TERMINATION
This license will terminate automatically if you
fail to comply with the limitations described above.
Upon termination, you must not use this service in
any manner.
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MODIFICATIONS
TO TERMS OF SERVICE AND OTHER POLICIES
Landmark Investigators and locate101.com reserves the right to change its terms of service
policy at any time and to notify you by posting an
updated version of the policy on this Web site. You
are responsible for regularly reviewing the policy.
Continued use of the service after any such changes
shall constitute your consent to such changes.
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MISCELLANEOUS
This Agreement represents the complete agreement
concerning this license between the parties and
supersedes all prior agreements and representations
between them. It may be amended only in writing
executed by both parties. If any provision of this
Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the
extent necessary to make it enforceable. This
Agreement shall be governed by and construed under
Massachusetts law as such law applies to agreements
between Massachusetts residents entered into and to
be performed within Massachusetts, except as
governed by Federal law. U.S. Government Restricted
Rights. Use, duplication or disclosure by the
Government is subject to restrictions set forth in
subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19
when applicable, or in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, and in similar clauses
in the NASA FAR Supplement. Provider is Landmark
Investigators, PO BOX 845, Norwood, MA 02062, U.S.A.
For More Information
If you have any questions or comments about this
agreement, our services, or your experience with
Landmark Investigators and FirstSearch Info
Services, you can use the Feedback
page on our site, or write to us at:
Landmark Investigators
P.O. Box 845
Norwood, MA 02062 USA
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