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AGREEMENT BETWEEN YOU AND PROGRESS

MyLandAlert is a web service operated by Professional Governmental Research & Solutions, Inc. ("ProGResS") that permits you to enter personal and/or business names which will be used to send alert notifications when a land document or other legal record is recorded with the local government recording office with the matching information.

For convenience, we will refer to the content on www.mylandalert.com and other ProGResS web sites together as the "Network."  We will refer to the content available on the Network and the services available as part of the Network as the "Network Services."

These Terms of Use constitute a legal agreement between you and ProGResS.  You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Network Services.  If you do not accept these Terms of Use in their entirety, you may not access or use the Network Services.

Portions of the Network Services may be governed by posted guidelines, rules, or other terms and conditions.  All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use.  In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Use, the Terms of Use shall prevail.  However, the ProGResS Privacy Policy, discussed in the Privacy and Personal Information section below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on the Network Services with respect to the subject matter covered by the ProGResS Privacy Statement.

MODIFICATION OF THESE TERMS OF USE

ProGResS may wish to update or change the terms, conditions and notices for the Network Services from time to time to reflect changes in the service, changes in the laws affecting the Network Services, or for other good reasons.  You understand that ProGResS reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices.  Continued access to or use of the Network Services after any such change shall constitute your consent to such change.  Unless explicitly stated otherwise, any new features that change or improve the Network Services shall be subject to the Terms of Use, as modified from time to time.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may only use the Network Services for your own personal and non-commercial purposes.  You must enter into a different legal agreement with ProGResS if you wish to offer the Network Services to users of your own application, web site or web service.  You may not use any software or hardware that reduces the number of users directly accessing or using the Network Services (sometimes called "multiplexing" or "pooling" software or hardware).

You may not extract information and services provided by MyLandAlert by automated means.  The information is only available via the published access mechanisms and other unattended automated methods of extractions are prohibited.  ProGResS may use throttling methods to limit continuous automated network extraction.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Network Services except as expressly provided in these Terms of Use.

All access to the MyLandAlert must be gained by first signing into a valid MyLandAlert account.  Failure to comply with published access methods shall entitle ProGResS to block access by whatever means available.

PRIVACY AND PERSONAL INFORMATION

You are required to have a MyLandAlert account to use the Network Services.  To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current.  ProGResS agrees that it will only use your personal information in accordance with the terms of the MyLandAlert Privacy Policy.

You are responsible for maintaining the confidentiality of your password and account information.  Furthermore, you are responsible for all activities that occur in your account and you agree to notify ProGResS immediately of any unauthorized use of your account.  ProGResS is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LINKS TO THIRD-PARTY SITES

The web pages that are part of the Network Services may contain links to other web sites ("Linked Sites").  The Linked Sites are not under the control of ProGResS and ProGResS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  ProGResS is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is ProGResS responsible if the Linked Site is not working appropriately.  ProGResS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ProGResS of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who support the Network Services or are identified in the web pages that are part of the Network Services, including the delivery of and payment for goods and services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Network Services, you agree that you will not use the Network Services for any purpose that is unlawful or contrary to these Terms of Use.  You also may not use the Network Services in any manner that could damage, disable, overburden, or impair the Network Services or interfere with any other party's use and enjoyment of them.  You may not attempt to gain unauthorized access to any MyLandAlert account, computer systems or networks associated with the Network Services.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Network Services.

TERMS OF USE FOR PROGRESS PARTICIPATING SITES AND SERVICES

These Terms of Use apply to you whenever you access or use any Network Services.  When you use the Network Services to gain access to any MyLandAlert participating site or service, the terms and conditions associated with that site or service may also apply to you.  Please refer to the applicable terms of use associated with each participating site or service that you visit.

RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT

ProGResS wants your voluntary feedback and suggestions on the Network Services so that we can continually improve the services for you and other customers.  When you submit feedback and suggestions, please understand that ProGResS needs to have full rights to use your feedback and suggestions without any encumbrances.  In particular, you should understand that by submitting any feedback or suggestions to ProGResS concerning the Network Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting ProGResS and its affiliated companies permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and

Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction.  No compensation will be paid with respect to ProGResS' use of the materials contained within such feedback or suggestions.  ProGResS is under no obligation to post or use any materials you may provide and may remove such materials at any time at ProGResS' sole discretion.

This section is inapplicable to any personally identifiable information that you provide in connection with your registration for the Network Services.  For terms and conditions governing the use of such information and for more information on how the Network Services work, please refer to the MyLandAlert Privacy Policy.

This section also is inapplicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any MyLandAlert participating sites and services.  Please refer to the terms and conditions for such MyLandAlert participating sites and services to determine the rights of the web site or service provider to such documents, information and/or data.

SOFTWARE AND CONTENT AVAILABLE ON THE NETWORK SERVICES

All content and software (if any) that is made available to view and/or download from the Web pages that are part of the Network Services ("Software") is owned by and is the copyrighted work of ProGResS and/or its suppliers.  Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement").  You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.  For any Software not accompanied by a license agreement, ProGResS hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Network Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices.  All Software is owned by ProGResS and/or its suppliers and is protected by copyright laws and international treaty provisions.  Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.  THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A.  You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

LIABILITY DISCLAIMER

ProGResS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE NETWORK SERVICES FOR ANY PURPOSE.  ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  USTSN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL USTSN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NETWORK SERVICES, WITH THE DELAY OR INABILITY TO USE THE NETWORK SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE NETWORK SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USTSN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NETWORK SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK SERVICES.

CUSTOMER SUPPORT

ProGResS provides information about how to use the Network Services on the Web pages that are part of the Service.  If you have any questions about the Network Services or any problems that you would like to report, please direct them to http://www.mylandalert.com.

TERMINATION/ACCESS RESTRICTION

ProGResS reserves the right, in its sole discretion, to terminate your access to the Network Services or any portion thereof at any time, without notice.

ProGResS may also terminate or suspend your access to the Network Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by ProGResS.  The amount of time that ProGResS currently considers an "extended" period of time (if any) is described in the FAQ for the Network Services.  Upon termination of your MyLandAlert account, your right to use the Network Services immediately ceases.

GENERAL

These Terms of Use are governed by the laws of the State of Tennessee, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Rutherford County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Network Services.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and ProGResS as a result of these Terms of Use or use of the Network Services.

ProGResS may assign these Terms of Use, in whole or in part, at any time.  ProGResS' performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of ProGResS' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Network Services or information provided to or gathered by ProGResS with respect to such use.  You agree to indemnify and hold ProGResS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Network Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and ProGResS with respect to the Network Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ProGResS with respect to the Network Services.  A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES

All contents of the MyLandAlert Web Site are: Copyright © 2003-2014 Professional Governmental Research & Solutions, Inc. and/or its suppliers, c/o Professional Governmental Research & Solutions, Inc., 1197 Hazelwood Drive, Suite 101, Smyrna, Tennessee 37167 U.S.A.  All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious.  No association with any real company, organization, product, person, or event is intended or should be inferred.

ProGResS may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Network Services, including the Web pages that are part of the Network Services.  Except as expressly provided in these Terms of Use, the provision of the Network Services and the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property.  Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.  ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  See Notice and Procedure for Making Claims of  Copyright Infringement.

FOR INFORMATION REGARDING THE MYLANDALERT PRIVACY POLICY, GO TO Privacy Policy.

Revised May 20, 2014

Copyright © 1990-2014, Professional Governmental Research & Solutions, Inc. All rights reserved.
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