1.
Service
LocatePLUS provides nationwide public record information
and related ("Services") using its proprietary
databases and information obtained from third parties
("Third Parties"). This information is delivered
through LocatePLUS via the Internet. User hereby
subscribes to Services for use as a factor in making business
decisions and agrees to pay LocatePLUS the applicable
rates and charges set forth in Paragraph 3 below.
2. Performance
LocatePLUS will use its best efforts to deliver
Services requested by User in an expeditious and efficient
manner and to regularly access, update, augment, and
maintain its compilation of information gathered from
selected public records and other sources used in the
provision of Services thereunder. User accepts all information
AS IS.
3. Charges to User
For each response to a request for information, including
"no record found", User agrees to pay LocatePLUS
the applicable charge then prevailing for Services rendered
to User. LocatePLUS reserves the right to discount
"no record found" responses. User shall pay
to LocatePLUS prices as updated from time to time
through on-line announcements, bulletins, and published
price schedules. All current and future LocatePLUS
pricing documents are deemed incorporated herein.
4. User Limitation of Use
User acknowledges that LocatePLUS and/or Third Parties
retain all right, title and interest under applicable
copyright and related laws in the databases and materials
contained therein used to provide Services thereunder,
and User shall use such materials consistent with such
right, title and interest and notify LocatePLUS
of any threatened or actual infringement thereof. User
further acknowledges that this Agreement grants user
a limited license in exchange for payment of fees and
charges set forth in Paragraph 3 hereof and user shall
not reproduce, retransmit, publish or otherwise transfer
for commercial exploitation any information that User
receives from Services. Upon approval of intended use(s)
by LocatePLUS, User agrees to limit use and redissemination
of information from Services solely to use(s) set forth
under Industry Type(s) on the reverse hereof. User shall
at no times represent that it is an authorized agent
or representative of LocatePLUS or any Third Party
unless such written agreement has been established.
5. Negation of Liability/Warranty
Neither LocatePLUS nor third parties shall be liable
to user or to any person claiming through user or to
whom user may have provided service-related data for
any loss or injury arising out of or caused in whole
or in part by LocatePLUS or third parties negligent
acts or omissions in procuring, compiling, collecting,
interpreting, reporting, communicating, or delivering
services or in otherwise performance of this agreement.
LocatePLUS and/or third parties do not guarantee
or warrant the correctness, completeness, currency,
merchantability, or fitness for a particular purpose
of the services or the components thereof.
6. Agreement Entirety
This agreement sets forth the entire understanding and
Agreement between LocatePLUS and User. By receipt
of Services, User agrees to, and shall comply with,
such different and /or additional terms of third parties
and such changes in this Agreement as LocatePLUS
shall make from time to time by notice to User. This
Agreement shall be interpreted in accordance with the
laws of the Commonwealth of Massachusetts. Violation
by user of state or federal laws, or LocatePLUS's
or Third Parties' established policies and procedures
may result in immediate termination of this Agreement
in LocatePLUS's sole discretion.
7. Payment of Fees
User shall be responsible for payment for all services
obtained through User's access identification code.
Payment by subscriber is due and payable upon invoice.
If payments are past due more then ten (10) days from
the date of invoice, LocatePLUS may interrupt service.
If payments are past due more than 25 days, LocatePLUS
may terminate this Agreement. User is responsible for
all collection costs and attorney fees incurred by LocatePLUS
through its efforts to collect on balance(s) owed by
User.
8. Compliance with Laws
User shall not use Service in violation of any federal,
state, or local laws, including the Fair Credit Reporting
Act (15 U.S.C.A. 1681 et. seq.) "FCRA". User
certifies that it will not use any information obtained
through Service as a factor in establishing a consumer's
eligibility for credit granting, monitoring, account
review, insurance underwriting, employment, or any other
purpose addressed in the FCRA.
Indemnification
User hereby agrees to protect, indemnify, defend, and
hold harmless LocatePLUS and all Third Parties from
and against any and all costs, claims, demands, losses,
and liabilities (including actual attorneys' fees) arising
from or in any way related to use of information by
User (or any third party receiving such information
from or through User) furnished by or through LocatePLUS
to the extent such costs, claims, demands, damages,
losses, or liabilities (including attorneys fees) do
not result from the improper acts or omissions of LocatePLUS
or Third Parties. Provisions hereof related to release
of claims, indemnification, use of information, and
data, payment for Services and disclaimer of warranties
shall survive any termination of this Agreement.