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Castle Branch,: Disclaimer
I, the user, agree that the use of
this service will be subject to the following conditions. All
requests will be made in accordance with the Fair Credit Reporting Act,
the American with Disabilities Act or other applicable state and federal laws.
The user agrees to comply with all applicable state and federal requirements
concerning access to criminal records. The undersigned agrees to hold
CourtSearch, an on-line division of Castle Branch, Inc.
its officers, employees and any organization Castle Branch, Inc. uses
to obtain reports, harmless from and against any expense or damages resulting
from the publishing of report information
The user, understands that all information provided by Castle Branch, Inc.
is only current as of the date provided and maybe up to 72 hours old and is made available on an "as is"
basis. The user, understands that Castle Branch, Inc. cannot be responsible for the record
keeping practices of third parties such as, but not limited to: county, state and federal courts,
state repositories, state and regional prisons, local police stations, and all other local,
state and federal organizations. The user recognizes that information contained in
these reports is secured by and through fallible human sources.
The user agrees to release Castle Branch, Inc., its officers and employees
from liability for any negligence in connection with the preparation or
dissemination of such reports and from any loss or expense suffered by
the user directly or indirectly from Castle Branch, Inc. reports.
The user agrees to pay all bills for service according to the rate schedule
in effect at the time such services are rendered, within fifteen days from
the date of invoice and a one and one half percent (1.5 %) per month late charge
for payments made past that date.
The user agrees that declined credit cards will be charged in $25 increments
until the total amount owed is recovered.
The user understands that the use of criminal records for employment purposes
is governed by The Fair Credit Reporting Act. Furthermore, the user agrees not
to use this service for employment purposes.
The user understands that while the information provided by this service is readily available
to the public, the user agrees that he/she assume all responsibility for the use
and dissemination of any and all information gathered from this service.
The user agrees that this agreement constitutes all conditions of service and of reporting,
present and future, applies to all reports made by Castle Branch, Inc. and is binding in all
50 states.
Administrative
Office of
the Court
Warranties
Warranties
EXCEPT AS SET FORTH HEREIN, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY THE AOC WITH RESPECT TO THE AOC’S
CRIMINAL AND CIVIL DATA EXTRACTS.
THE AOC PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE DATA EXTRACTS
ARE ACCURATE, CORRECT, OR COMPLETE.
THE AOC PROVIDES NO OTHER WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR
IMPLIED, IN CONNECTION WITH THIS SERVICE.
Limitation of Liability and Hold Harmless
THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OR
ACTION, FOR ANY DAMAGES ARISING FROM CAUSES BEYOND THE CONTROL AND WITHOUT THE
FAULT OR NEGLIGENCE OF THE AOC.
THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OR
ACTION, FOR ANY DAMAGES ARISING FROM INCORRECT OR INCOMPLETE DATA EXTRACTS FROM
THIS SERVICE. IT IS EXPRESSLY UNDERSTOOD BY THE PARTIES THAT IT IS THE COMPANY’S
RESPONSIBILITY TO VERIFY INFORMATION OR DATA OBTAINED THROUGH THE AOC’S CRIMINAL
OR CIVIL DATA EXTRACTS WITH OFFICIAL INFORMATION RESPOSING AT THE COURT OF
RECORD.
THE AOC SHALL NOT BE LIABLE FOR ANY DAMAND OR CLAIM, FOR ANY DAMAGES ARISING
FROM DENIAL OF ACCESS OR INABILITY TO ACCESS DATA EXTRACTS FROM THE AOC SYSTEM
WHICH DENIAL OF ACCESS OR INABILITY TO ACCESS IS A RESULT OF THE AOC OPERATING
ITS SYSTEM IN DISASTER RECOVERY MODE.
THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OF
ACTION, FOR ANY DAMAGES BASED UPON ALTERATION OR MODIFICATION MADE BY THE
COMPANY OF ANY DATA SUPPLIED HEREUNDER UNLESS THE AOC MADE, DIRECTED, OR
REQUIRED SUCH MODIFICATION OR ALTERATION.
THE AOC SHALL NOT BE LIABLE TO THE COMPANY OR ANY OTHER PARTY FOR ANY LOSS,
INCLUDING REVENUE, PROFITS, TIME, GOODWILL, CLAIMS OF INVASION OF PRIVACY, OR
ANY OTHER INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE WHCH MAY ARISE FROM THE USE
OF THE AOC CRIMINAL AND CIVIL DATA EXTRACTS.
THE COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE COURT OFFICIALS,
THE AOC, ITS EMPLOYEES, AND THE STATE OF NORTH CAROLINA HARMLESS FROM ALL LOSS,
RISK OF LOSS, AND DAMAGES (INCLUDING EXPENSES, COSTS, AND ATTORNEY FEES)
SUSTAINED OR INCURRED BECAUSE OF OR BY REASON OF ANY CLAIMS, DEMANDS, SUITS,
ACTIONS, JUDGEMENTS, OR EXECUTIONS FOR DAMAGES OF ANY AND EVERY KIND AND BY
WHOMEVER AND WHENEVER MADE OR OBTAINED, ALLEGEDLY CAUSED BY, ARISING OUT OF, OR
RELATING IN ANY MANNER TO ANY USE MADE BY THE COMPANY OR ANY PERSON WHO OBTAINS
DATA FROM THE COMPANY OF THE AOC’S CRIMINAL AND CIVIL DATA EXTRACTS WHEN SUCH
CLAIM, DEMAND, SUIT, ACTION OR JUDGMENT IS BASED UPON COMPANY’S INTENTIONAL OR
NEGLIGENT FAILURE TO PERFORM
© 2001 CastleBranch Inc.
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