Terms of Service
1. User's Acknowledgment and Acceptance of Terms
Capitol Lien Records and Research Inc. ("Capitol Lien," "us," or "we") provides the Capitol Lien website and various online resources (collectively, the "Site") to you, the user, subject to your compliance with all the terms and conditions (the "Terms") in these Terms of Service
BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR CONTENT AVAILABLE THROUGH THE SITE, IS TO STOP USING THE SITE. YOUR AGREEMENT WITH US REGARDING YOUR COMPLIANCE WITH THE TERMS IS EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE. BY CONTINUING YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.
We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Terms from time to time and to familiarize yourself with any modifications. Your continued use of the site will constitute acknowledgement and acceptance of the modified Terms.
As used in the Terms, "we, "us," and "our" refer to Capitol Lien; "you" and "your" refer to the user, which includes the individual accessing the Site and any entity or organization on whose behalf or using whose facilities or credentials the individual accesses the Site. References to our "Affiliates" include owners and subsidiaries, and any of our or their respective officers, directors, shareholders, employees, and agents.
To access certain online resources, you will be required to use a login and password. Creating an account involves submitting certain registration information. By registering for an account, you represent and warrant that all information provided is true and accurate, and you agree to update the information from time to time to keep it accurate and complete. You must be an adult (i.e., age 18 or greater) to create an account.
Collected information may be used to personalize your experience on the Site, to improve the Site, to improve customer service and the user experience, and to contact you regarding the Site, your account, or other services of Capitol Lien.
We will not sell, trade, or otherwise transfer your personally identifiable information to third parties without your explicit consent; provided, however, that we may share information with trusted third parties who assist us conducting our business, so long as those parties agree to keep your information confidential. We may release your information if we believe it is necessary to comply with law enforcement; to enforce these Terms; to protect our rights, property, or safety; or to respond to a subpoena or other legal compulsion. We may provide non-personally identifiable information to third parties for other purposes.
4. Access to Online Resources
We make various online resources available, including Database Direct and other similar services. You are responsible for providing, at your own expense, the equipment and Internet access necessary to use the Site. Likewise, you are responsible for the security of your equipment and your connection to the Site.
A user with an active account has user license for those online resources for which the user has registered. A license grants a user access to the online resources for that unique user only; each user must register and must have a separate license. You must not share your login and password with anyone, and you must not use anyone else's login and password.
We cannot guarantee and are not responsible for the availability of the Site, and we will not be liable for any delay or interruption in availability of any online resources. Temporary interruptions may occur as normal events. Further, we have no control over third-party systems you may access in the course of use of the Site; delays and disruption of other systems are completely beyond our control.
We reserve the right to modify or discontinue all or any part of the Site at any time without notice to you.
5. Your Conduct
You will use the Site and any content only in full compliance with all applicable laws and regulations. Applicable law and regulation may include the Drivers' Privacy Protection Act (see 18 U.S.C. § 2721, et seq.), Export Administration Regulations and other export controls, the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.), and the Gramm-Leach-Bliley Act and resulting privacy rules.
You will use information obtained from the Site only for lawful purposes and not in any manner that is unfair, deceptive, malicious, or abusive of the rights or property of anyone. Further, you will protect information obtained from the Site from any subsequent disclosure other than is strictly necessary to accomplish the purposes for which such information was obtained. In any case, you will protect such information from disclosure to anyone who threatens to use it for any unlawful, unfair, deceptive, malicious, or abusive purpose.
You will use any communications capabilities of the Site (e.g., chat, messaging, email) only for lawful purposes and not in any manner that is unfair, deceptive, malicious, or abusive of the rights or property of anyone. Further, you will protect all communication from us, whether through the Site or otherwise, from any disclosure other than is strictly necessary to accomplish the purposes for which such communication was made. You should not send any personally identifiable information, or confidential, proprietary, or otherwise sensitive information, other than is strictly necessary to accomplish the search or inquiry you are seeking.
We may, at any time and at our sole discretion, restrict, suspend, or terminate your account or access to any part of the Site without notice to you for violating any of the Terms.
6. Third-Party Sites and Information
The Site provides access to information aggregated or derived from sources compiled and maintained by third parties. We are not responsible for the accuracy, appropriateness, completeness, reliability, or validity of the source information. We do not independently verify third-party content. The Site may suggest links to third-party websites or include references to content or services provided by third parties. Third-party websites, content, and services are not under our control, and we are not responsible for the accuracy, appropriateness, reliability, or validity of third-party websites, content, or services.
7. Intellectual Property
Copyright (c) Capitol Lien. All Rights Reserved.
All software and certain content on the Site is protected by copyright, trademark, or other legal protection of our rights in proprietary information and processes. You are only permitted to use such software and content as authorized by us. Except for copies made for your lawful use, you may not copy, modify, republish, or distribute any documents or information from the Site in any form or by any means without prior written permission from us. Any unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
The following are registered trademarks, trademarks, or service marks of Capitol Lien or its Affiliates: Capitol Lien, Database Direct, When Diligence Is Due. All custom graphics on the Site are registered trademarks, trademarks, or service marks of Capitol Lien or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Capitol Lien or its Affiliates.
You may not reverse engineer, decompile, disassemble, or otherwise seek to derive or disclose source code, processes, or techniques for any software available on or acquired through the Site.
8. Disclaimer of Warranties
ALL CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
The Site could include inaccuracies or errors. We may make changes to content and online resources at any time without notice. The content and online resources may be out-of-date, and we make no commitment to update the content or online resources at any particular time or interval.
The use of the Site and acquisition of any content through the Site is done at your own risk and in your discretion, with your agreement that you will be solely responsible for any damage or loss that results from such activities.
Some states or jurisdictions prohibit exclusion of certain warranties, so some of the above limitations may not apply to you.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE.
Some states or jurisdictions prohibit certain limitations of liability, so some of the above limitations may not apply to you.
Upon request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, and expenses, including attorney's fees, that arise from your use or misuse of the Site. For the purposes of this provision, "your use or misuse" includes use or misuse by anyone with access to your login and password, whether or not authorized by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your login, password, and other account information and for any and all acts or omissions that occur through the use of your login and password. You must ensure that others do not gain access to your login and password; you may not transfer or share your account with anyone. You must notify us immediately, and change your password, if you learn of unauthorized use, actual or threatened, of your login and password.
12. International Use
Although the Site may be accessible outside the United States of America, we make no representation that materials on the Site are appropriate or available for use in locations outside the U.S. Those who choose to access the Site from foreign locations do so on their own initiative and risk and are responsible for compliance with local laws. In any case, you agree not to access the Site from any foreign jurisdiction if such access would violate any U.S. laws or regulations. Any offer for any product, service, or information made in connection with this site is void where prohibited.
13. Termination of Use
You agree that we may, in our sole discretion, terminate, or suspend your access to all or part of the Site without notice and for any reason. Any suspected fraudulent, abusive, or illegal activity will be grounds for terminating your account and may be referred to law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the online resources available on the site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
14. Governing Law and Waiver of Jury Trial
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to its conflict of law provisions. You irrevocably consent to submit to jurisdiction and venue in state and federal courts in Ramsey County, Minnesota.
You KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY with regard to ANY actions, claims, disputes, or proceedings arising out of or connected with these Terms or the Site.
16. Entire Agreement
These Terms constitute the entire agreement among us and your concerning the subject matter of this agreement and supersede all prior agreements and understandings with respect to that subject matter.
ANY ACTION OR PROCEEDING BY YOU AGAINST US OR OUR AFFILIATES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE ALLEGED CAUSE OF ACTION ARISES OR IT SHALL BE DEEMED FOREVER WAIVED AND BARRED.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any delay or failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
The headings at the beginning of each section are for convenience only and are not intended to be part of the substance of this agreement; any perceived inconsistencies between the heading and the text are to be governed by the text.
Words in the singular include the plural, and words in the plural include the singular. The terms "include," "includes," and "including" are not exclusive or limiting. The term "or" includes the meaning "and," as context may require. The term "any" includes the meaning "all," as context may require.
All applicable provisions of these Terms will survive termination of this agreement, including provisions related to intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law, waiver of jury trial, and the miscellaneous provisions.
THE SITE IS NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED ON AS SUCH.