eSEARCH Terms and Conditions
We are pleased to offer online search access
where copies of publically recorded index data and images (“Data”) are
available through our eSearch site. eSearch
is an online resource for accessing Data through subscriptions utilizing a User
profile and various access and payment options. Please read carefully the following Terms and
Conditions (“Terms”) before using eSearch.
By becoming a “User” through creating an account on the eSearch site,
you agree to be bound by these Terms and have entered into a legally binding
1.1 eSearch is offered by prepaid subscription(s)
to access Data at the prices indicated, as applicable. Payments are processed
by credit/debit card or bank account deductions through a PCI DSS compliant
payment gateway, as applicable. Accepted credit cards include: Visa, MasterCard, American Express, and
Discover. The prices are subject to change.
1.2 Prepaid accounts are setup by Users of eSearch
by charging a credit card or applying a bank account deduction to pay for Data,
as applicable. The payment processing account or internet merchant account which enables
you to pay fees or charges incurred in your use of eSearch is provided by
independent vendors. Neither the
recording jurisdiction nor Cott is responsible for the conduct of the vendor
including the collection, storage or confidentiality of your personally
identifiable information. Customer and Cott
does not store personally identifiable information relating to your payment on
1.3 You must be 18 years or older to use or
subscribe to eSearch. You must provide accurate and complete registration
1.4 Once you become a User, your subscription will
be valid from the moment of purchase until the end date on the subscription
which may be hourly, daily, monthly, semi-annual or annual. Billing charges will be processed immediately
when your order is taken and according to the billing details displayed when
you choose a subscription.
1.5 Recording jurisdiction or the User may cancel
subscriptions to eSearch. Recording
jurisdiction may suspend or discontinue providing eSearch to the User without
notice and pursue any other remedy legally available if the User fails to
comply with the Terms hereunder. Section
3, and any other provision which reasonably may be expected to survive, shall
survive the cancellation of the subscription.
1.6 Any subscription(s) to access eSearch may be
cancelled by contacting the recording jurisdiction. Not all cancelled subscriptions are eligible
for a refund. Only six month and annual
subscriptions (if available at all) are eligible for a refund under certain
conditions. Refunds may be given upon
request in the event the recording jurisdiction’s Data is no longer accessible
through eSearch, and only for six month and annual subscriptions, where recording
jurisdiction will issue a refund for only the full remaining unused
months. Refunds will be applied to the
original payment method. As a User of
the site, you will want to be sure that what you are selecting for purchase, is
indeed what you want to purchase, as mistakes by the User in purchasing the
‘wrong’ Data or the ‘wrong’ subscription will not be refunded. Refunds will be given upon notification in
the event that there is an eSearch originated service issue directly resulting
in erroneous charges.
2.1 Only the User may use the User’s account
information and password to access eSearch.
Users may be restricted from accessing eSearch or records without notice
in the case someone other than you is using your account. You are solely and entirely responsible for
maintaining the confidentiality of your account information and password. Furthermore, you are solely and entirely
responsible for any and all activities which occur under your account.
2.2 Upon subscription purchase, you are granted a
nonexclusive, nontransferable, limited license to access and use the eSearch
site. This license is limited to the
right to electronically display records retrieved from eSearch to no more than
one person at a time and to print or download records via selectable features
in eSearch. Except as specifically
permitted in this section, you are prohibited from reproducing, transmitting,
displaying, copying, distributing or redistributing records retrieved from eSearch. You may not print or download the Data
without using the selectable features in eSearch. You may not use eSearch for any unlawful or
abusive purpose or in any way which interferes with or disrupts eSearch or
other users and you agree not to circumvent, disable or otherwise interfere
with security related features or features that enforce limitations on use of eSearch. You may not use eSearch as a service bureau
or allow time sharing. You may not use
any web spider, crawler, robot or any other type of automated data mining or
scraping process or protocol to search eSearch or collect records. The license granted terminates if you do not
comply and any violation of this limited use license may result in immediate
termination of your subscription(s) and may result in legal action against you.
2.3 Data available consists of records that have
been officially recorded. The search will
display a status of "incomplete” or “not verified” until the record has
been fully recorded, indexed, verified and officially released for general
public viewing. These steps are
performed and controlled by the recording jurisdiction and are not within the
control of Cott.
2.4 These Terms commence on the date an eSearch
account is created by the User and continue until the account is terminated.
3.1 NO WARRANTY. eSEARCH AND THE RECORDS ARE PROVIDED ON AN
“AS IS, AS AVAILABLE” BASIS AND COTT EXPRESSLY DISCLAIM ALL WARRANTIES,
INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT. NO WARRANTY
IS MADE THAT ESEARCH WILL MEET YOUR REQUIREMENTS, OR BE COMPATIBLE WITH YOUR
COMPUTER EQUIPMENT, MOBILE DEVICE OR ENVIRONMENT, OR THAT ESEARCH WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COTT MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF eSEARCH OR AS TO THE
ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH eSEARCH. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF eSEARCH IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR EQUIPMENT OR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. COTT DOES NOT WARRANT THAT eSEARCH, THE
RELATED SERVICES, SERVERS, or ANY EMAILS WHICH MAY BE SENT FROM COTT ARE FREE
OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
3.2 Limitation of
Liability. Cott and
recording jurisdiction shall not be liable for any loss, injury, claim,
liability or damage of any kind resulting from (i) the User’s use of eSearch,
(ii) internet access to eSearch, (iii) the content of the Data included with or
accessed via eSearch, (iv) for eSearch failure or modification, or (v) any
“force majeure” event (i.e. any flood, earthquake, fire, war or other act of
God or action of government).
3.3 Data integrity. Neither Cott nor the respective recording
jurisdiction will be responsible for any inaccuracies or incomplete records
displayed through eSearch. Cott and
recording jurisdiction shall not be responsible or liable for the display or
posting of any personally identifiable information that may appear in the
Data. Official public records are housed
at the recording jurisdiction location.
Connection & Data Retrieval. eSearch is
available through the User’s connection to the Internet. Cott and the recording
jurisdiction is not responsible for transmission limitations or interruptions
of internet service. The User acknowledges and agrees that Cott and recording
jurisdiction is not responsible for delays and performance issues related to
conditions on the internet or the function of the User’s internet connection or
other transmission lines. By using eSearch in any form, the User agrees to
indemnify and hold harmless the respective recording jurisdiction, Cott and its
respective officers, subsidiaries and affiliates and anyone involved in
storing, retrieving, or displaying the Data for any damage of any type that may
be caused by retrieving the Data through eSearch.
3.5 No Special
Damages. Cott and
recording jurisdiction is not liable for any direct, indirect, incidental or
consequential damages whether based in contract, tort (including negligence),
strict liability or otherwise resulting from or arising in connection with the
use of or inability to use eSearch, or for cost of procurement of substitute
goods or services.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE MAXIMUM
LIABILITY OF COTT OR RECORDING JURISDICTION FOR DAMAGES HEREUNDER SHALL NOT EXCEED
THE AMOUNT OF FEES RECEIVED FROM THE USER FOR THE CURRENT SUBSCRIPTION IN
REGARDS TO THE SERVICES OR DATA THAT GAVE RISE TO THE CLAIM.
4. Miscellaneous Terms and Conditions
4.1 Notices. Except as
otherwise provided herein, all notices and other communications hereunder shall
be in writing or displayed electronically.
Notices shall be deemed to have been properly given on the date
deposited in the U.S. mail plus two business days if mailed; on the date first
made available, if displayed electronically; or on the date received if
delivered in any other manner.
4.2 Arbitration. By using eSearch,
you agree that the Federal Arbitration Act, applicable federal law, and the law
of the State of recording jurisdiction, without regard to its principles on conflicts
of laws, will govern these Terms, your use of eSearch, and any dispute of any
sort that might arise. The arbitration
will be conducted by the American Arbitration Association (AAA) under its
rules, including the Commercial Dispute Resolution Procedures and the
Supplementary Procedures for Consumer Related Disputes of the AAA, as modified
by this Agreement (collectively, "AAA Rules"). The AAA Rules and
costs are available online at www.adr.org or by calling the AAA at
4.3 These Terms may be changed by Cott and
recording jurisdiction from time to time by posting new Terms or by providing
you notice. Your subscription(s) for
access to eSearch may be terminated immediately upon notice to recording
jurisdiction if, upon any change, the subscription or use is deemed
unacceptable. Continued use of eSearch
following any change constitutes acceptance of the change.
4.4 The failure of Cott or recording jurisdiction
to enforce any provision herein shall not constitute or be construed as a
waiver of such provision or of the right to enforce it at a later time.
4.5 These Terms represent the entire agreement
between the User and Cott and recording jurisdiction, which may only be amended
as described herein. If any part of
these Terms is deemed invalid, all other Terms will remain enforceable.