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TERMS AND CONDITIONS

By accepting the terms and conditions below, you agree to enter into a temporary use agreement with the County in order to receive access to the Historical Indexes and Records.
You (hereinafter referred to as "Client") shall have no right, title, or interest in the web application known as ArcaSearch or any of its related technology (hereinafter referred to as "Application"), nor in any of the land record information provided through the subscription service (hereinafter referred to as "Information"). You understand all rights and benefits afforded under intellectual property law to the Application and Information are reserved to the County and ArcaSearch.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. The on-line Historical Indexes and Records are available through the Application.

2. Client shall only access the Information through the Application and agrees not to access, or attempt to access, the Information using any other technology or service.

3. Client’s access to the Application shall be for information purposes only and Client shall not allow other entities, businesses and/or private parties, to access and use the Application under their log-in privileges.

4. Client may use the Application and Information exclusively for Client’s internal business, which may include internal search, referencing, and displaying the Information.

5. Client shall use, control, and protect this Information in compliance with the terms of this Agreement.

6. County reserves the right, in its sole discretion, to suspend or terminate Client’s access to the Application and Information at any time for any reason.

7. Client acknowledges and agrees the information Client provides through this Agreement and through accessing the Information, is provided voluntarily and that refusal to disclose requested information means the requested service cannot be provided.

8. County does not intend to monitor, edit or disclose the content of any information voluntarily disclosed by Client unless: 1) needed in the course of normal maintenance or operation of the service; or 2) required to do so by law; or 3) in the good faith belief it is necessary to do so in order to comply with the law, legal process, protection of the interests of the County, or to further law enforcement efforts.

9. Upon expiration or termination of this Agreement, Client shall, automatically and without further action by County, terminate and extinguish Client’s right to access or use the Application and the Information. Unless otherwise directed by the County, Client shall return or irretrievably destroy the passwords.

10. Client acknowledges and agrees that unauthorized disclosure or use of the Application and/or Information or any part thereof could cause irreparable harm and significant injury to the County, which may be difficult to measure with certainty or to compensate through damages. Accordingly, Client agrees that the County may seek and obtain against Client and/or any other person or entity injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other equitable or legal remedies which may be available.

11. Client agrees no oral agreement, guarantee, promise, condition, representation or warranty shall be binding; all prior conversations, agreements or representations related hereto are integrated herein, and no modification hereof shall be binding unless in writing and signed by the County.

12. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint ventures or copartners between the parties hereto or as constituting Client as the agent, representative or employee of the County for any purpose or in any manner whatsoever.

13. Client and the County intend that this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity other than the Parties.

14. By executing this Agreement and subscribing to this service, Client becomes a party to this Agreement and is legally bound by all of its terms and conditions, without exception. In subscribing to this service, Client has voluntarily provided certain information that allows the County to identify and contact Client. Failure to keep Client’s information current, may result in discontinuance of service.

15. Client represents that it has actual authority to enter into this Agreement to bind the respective entities or person with whom it is legally associated to the terms and conditions herein contained. Prior to entering this Agreement, Client has the right to seek advice from legal counsel. By entering into this Agreement, Client represents that it has either sought such legal advice or knowingly and voluntarily waived its right to obtain such advice prior to entering into this Agreement.

16. Client may cancel the subscription at any time; however, no refunds will be given.

17. This Agreement cannot be assigned.

18. If Client breaches the conditions of this Agreement, the County may immediately terminate access to the Application.

19. The parties further agree that, in the event of litigation arising out of this Agreement, the County shall be entitled to its attorney’s fees and costs.

20. In the event any portion of this Agreement is deemed invalid or void, the remaining portions shall remain in full force and effect.

21. Criminal use of the information will be prosecuted to the full extent of the law.

I Have Read and Agree to These TERMS AND CONDITIONS