LEGAL
DISCLAIMERInformation on this Web site may
contain inaccuracies or typographical errors.
Information may be changed or updated without notice.
This Web site does not constitute an offer or contract.
Landmark Investigators provides links to Web sites and information about businesses, located in the United States, Canada and certain International countries, with registered Web addresses. Because we have no control over such Web sites and information, we make no guarantee as to such sites or information, including the accuracy, currency, content or quality of any such Web sites or information and we assume no responsibility if the search locates sites containing unintended, objectionable or damaging content.
Landmark Investigators makes no representations whatsoever about other Web sites which you may access through this one. When you access a non-Landmark Investigators Web site, please understand that it is independent from Landmark Investigators, and that Landmark Investigators has no control over the content on that Web site. In addition, Landmark Investigators neither endorses nor accepts any responsibility for the content, use, or products and services made available through a Web site not owned or controlled by Landmark Investigators.
IN NO EVENT WILL Landmark Investigators BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR ANY USE OF OR THE INABILITY TO USE THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION ON THIS WEB 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. Landmark Investigators MAKES NO REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Landmark Investigators' SERVICE OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Landmark Investigators' SERVICES.
Landmark Investigators, Landmark
Business Services and FirstSearch Info are trademarks of
Landmark Investigators, Inc. and/or Landmark Business
Services, Inc. This Web site also contains trademarks,
service marks and trade names of other companies.
USER AGREEMENT
1. INTRODUCTION. Landmark
Investigators, Inc. ("LI") supports this
Website ("Website"), at its own expense, so
that users may access the Website Content provided
herein (the "Service"). Unless explicitly
stated otherwise, the Service and any new features that
augment or enhance the current Service shall be subject
to this User AGREEMENT ("AGREEMENT"). In this
AGREEMENT "you" and "your" refer to
each user of the Service (whether the use is by
contributing to, downloading, browsing, and/or
forwarding content of the Service) and "we",
"us" and "our" refer to LI. This
AGREEMENT explains our obligations to you and your
obligations to us in relation to any aspect of your use
of the Service and you agree that such use is governed
by the terms and conditions of this AGREEMENT. You
understand and agree that the Service is provided
"AS-IS" and that LI assumes no responsibility
for the timeliness, deletion, non-delivery or failure to
store any user communications or personalization
settings. In order to use the Service, you must obtain
access to the World Wide Web, either directly or through
devices that access web-based Website Content, and pay
any service fees associated with such access. In
addition, you must provide all equipment necessary to
make such connection to the World Wide Web, including a
computer and modem or other access device.
2. USER OBLIGATIONS.
2.1. LI provides the Service to the user ("you") subject to the terms and conditions of this AGREEMENT, which may be updated by LI from time to time at LI's sole discretion and without notice to you. You can review the most current version of the AGREEMENT at any time at: http:www.locate101.com. Furthermore, by using a particular application of the Service, you shall also be subject to the guidelines or rules applicable to that application which may be posted from time to time, and any and all such guidelines are hereby incorporated by reference into the AGREEMENT.
2.2. All information, data, text, software, sound, photographs, graphics, video, messages, or other materials ("Website Content"), whether posted or linked hereto or transmitted herethrough, are the sole responsibility of the user or entity from which such Website Content originated.
2.3. You agree to comply with all USER LIMITATIONS, rules, and applicable laws regarding online conduct and acceptable Website Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
3. USER LIMITATIONS. You agree to not use the Service to:
3.1. email or otherwise transmit anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3.2. manipulate identifiers in order to disguise the origin of any Website Content transmitted through the Service;
3.3. email or otherwise transmit any Website Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3.4. email or otherwise transmit any Website Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
3.5. email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
3.6. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3.7. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges on the Website;
3.8. interfere with or disrupt the Service or servers connected to the Service, or disobey any requirements, procedures, policies or regulations of the Service;
3.9. intentionally or unintentionally violate any applicable local, state, national or international law;
3.10. "stalk" or otherwise harass another; or
3.11. collect or store personal data about other users.
4. ACKNOWLEDGEMENTS.
4.1. You acknowledge that while LI does not pre-screen Website Content, it shall have the right (but not the obligation) in its sole discretion to refuse or remove any Website Content that is made available via the Service. Notwithstanding the foregoing, LI and its designees shall have the right to remove any Website Content that violates the AGREEMENT or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Website Content, including any reliance on the accuracy, completeness, or usefulness of such Website Content. In this regard, you acknowledge that you may not rely, in any capacity, on any Website Content created or provided by LI, submitted to LI, or linked to the Website as a part of the Service.
4.2. You acknowledge and agree that you, and not LI, are entirely responsible for all Website Content that you email or otherwise transmit via the Service. You also acknowledge that LI does not control all of the Website Content and does not guarantee its accuracy, integrity, or quality. You further acknowledge that by using the Service, you may be exposed to Website Content that is offensive, indecent, or objectionable.
4.3. You acknowledge and agree that LI shall not be liable, under any circumstances, for any Website Content posted by LI or otherwise, including errors or omissions in Website Content, or for loss or damage of any kind incurred as a result of the use of Website Content posted, emailed or otherwise transmitted via the Service.
4.4. You acknowledge and agree that LI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
4.5. You acknowledge and agree that LI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other Website Content will be retained by the Service, the maximum number of email messages that may be sent from or received by single entity, the maximum size of any email message that may be sent from or received by the Service, the maximum disk space that will be allotted on LI's servers on your or the Service's behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that LI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Website Content maintained or transmitted by the Service. You acknowledge that LI reserves the right to log off Users that are inactive for an extended period of time. You further acknowledge that LI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
4.6. You acknowledge and agree not to sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
4.7. You acknowledge and agree that LI may preserve and/or disclose Website Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the AGREEMENT; (c) respond to claims that any Website Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of LI, its users and the public.
5. PRIVACY STATEMENT. Until further notice, LI's privacy statement, located on the LI corporate Website at http://www.locate101.com/privacy.htm and incorporated herein by reference, sets forth your and our rights and responsibilities with regard to any personal information you provide to us in exchange for your use of the Service or this Website. You agree that we, in our sole discretion, may modify our privacy statement. We will post any such revised statement on our corporate Website at least thirty (30) calendar days before it becomes effective. You agree that, by using the Service after the modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will not continue to use the Service. We will not process any personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction. Any information you otherwise make generally publicly available shall not be subject to the use limitations or other restrictions outlined in our privacy statement.
6. TERMINATION. You agree that LI, in its sole discretion, may remove and discard any Website Content within the Service, for any reason, including, without limitation, for lack of use or if LI believes that the material violated or was inconsistent with the letter or spirit of the AGREEMENT. LI may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of the Service under any provision of this AGREEMENT may be effected without prior notice, and acknowledge and agree that LI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LI shall not be liable to you or any third-party for any termination of the Service.
7. LINKS. The Service and/or third parties may provide links to other World Wide Websites or resources. Because LI has no control over such Websites and resources, you acknowledge and agree that LI is not responsible for the availability of such external Websites or resources, and does not endorse and is not responsible or liable for any Website Content, advertising, products, or other materials on or available from such Websites or resources. You also acknowledge that a link from this Website to a non-Landmark Investigators Website does not mean that Landmark Investigators endorses or accepts any responsibility for the content, use, or products and services made available through such Website. You further acknowledge and agree that LI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Website Content, or the goods or services available on or through any such Website or resource.
8. INDEMNIFICATION. You agree to indemnify and hold LI, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Website Content you submit or transmit through the Service, your use of the Service, your connection to the Service, your violation of the AGREEMENT, or your violation of any rights of a third party in any way connected to the Service.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
9.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2. LI MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND/OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INFRINGEMENT OF LI OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THUS, SOME OF THE LIMITATIONS OF ARTICLES 9 AND 10 MAY NOT APPLY TO YOU.
12. CLAIMS OF COPYRIGHT INFRINGEMENT. LI respects the intellectual property rights of others, and we ask you to do the same. If you believe that your copyrighted work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information ("Notice"):
· the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
· a description of the copyrighted work that you claim has been infringed and a description of the alleged infringing activity;
· identification of the location where the original or an authorized copy of the copyrighted work exists (i.e. the URL of the Website where it is posted or the name of a book or other publication in which it has been reproduced);
· identification of the URL or other specific location on this Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material);
· your name, address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the information you have provided in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Submit Notice of claims of copyright infringement on this Website to our Agent as follows:
By mail:
Richard Irving
Landmark Investigators
1017 Turnpike Street
Canton, MA 02021
By email: info@locate101.com
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this Website.
13. TRADEMARKS. Landmark Investigators, and other LI trademarks, service marks, logos, and product and service names are trademarks of LI (the "LI Marks"). You agree not to display or use the LI Marks in any manner without LI's prior written consent.
14. NOTICE. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the AGREEMENT or other matters by displaying notices or links to notices to you generally on the Service or by other means LI deems appropriate.
15. GENERAL INFORMATION. This AGREEMENT constitutes the entire AGREEMENT between you and LI governing your use of the Service. You also may be subject to additional terms and conditions that may apply when you use particular aspects of the Website Content. You agree that LI, at any time and without prior notice, may revise the terms and conditions of this AGREEMENT. Any such revision or change will be binding and effective immediately upon the posting of the revised AGREEMENT on this Website, and by continuing to use the Service after any such posting, you agree to abide by and be bound by any such revisions or changes. The AGREEMENT and the relationship between you and LI shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, excluding its conflict of laws rules. You and LI agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the United States District Court for the Eastern District of Massachusetts, Norfolk Division. If there is no jurisdiction in the United States District Court for the Eastern District of Massachusetts, Norfolk Division, then jurisdiction shall be in the Circuit Court of Norfolk County, Dedham, Massachusetts. The failure of LI to exercise or enforce any right or provision of the AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the AGREEMENT shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the AGREEMENT must be filed within one (1) year after such claim or cause of action arose or shall be forever barred. The Article titles in the AGREEMENT are for convenience only and have no legal or contractual effect. Any violations of this AGREEMENT should be promptly reported to info@locate101.com
