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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.
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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


  7. 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.

  8. 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

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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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