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TERMS AND CONDITIONS ALABAMA PRESS ASSOCIATION and ALABAMA NEWSPAPER ADVERTISING SERVICE, INC. (ALABAMALEGALS.COM) agrees to furnish certain online information database services herein specified and Customer agrees to make payments as provided for herein and abide by the terms and conditions of this Agreement. 1. The term of this agreement shall be for a period of 30 (thirty) days and, as long as timely payments are made, shall automatically renew for same successive period without further action by the parties until terminated. This agreement may be terminated by either of the parties hereto effective on the 30th day of any period by canceling the subscription online more than 10 (ten) days prior to the expiration of that 30 day term. If cancelation is attempted in less than 10 days before the end of a 30-day term, it shall be effective at the end of the next full 30 day term. Alabamalegals.com may terminate this agreement for nonpayment effective the first day of a 30 day term if payment for the prior term is not received by the end of that 30 day term. 2. The AlabamaLegals.com service (service) consists of computing services and databases provided by AlabamaLegals.com relating to legal advertisements posted by participating members of the Alabama Press Association through AlabamaLegals.com. These terms and any operating rules published over the Service constitute the entire agreement between AlabamaLegals.com and Customer with regard to the Service and supersede all prior arrangements. 3. Upon notice published over the Service, AlabamaLegals.com may modify this Agreement, the operating rules or prices. AlabamaLegals.com may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice. 4. Customer's right to use the Service is not transferable and is subject to any limits established by AlabamaLegals.com. 5. Customer is responsible for and must have internet access and other software necessary to access the Service. 6. Customer shall be responsible for all use of the Service accessed through Customer's password. Customer further acknowledges that passwords are issued for a single Customer location and sharing of passwords by multiple users shall result in the immediate termination of service. 7. If the payment method for your AlabamaLegals.com account is by credit card or PayPal and payment is not received by AlabamaLegals.com from the bank, card issuer or its agents, you agree to pay all amounts due upon demand by AlabamaLegals.com. Your bank or card issuer's agreement governs your use of your designated card or account in connection with AlabamaLegals.com, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as an accountholder or cardholder. You agree that AlabamaLegals.com may submit charges for your usage fees and monthly service fee (if applicable) each month, without further authorization from you, until you provide prior notice (in accordance with AlabamaLegals.com’s verification procedures, as may be established by AlabamaLegals.com from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card or bank account. Such notice will not affect charges submitted before AlabamaLegals.com reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact AlabamaLegals.com’s site administrator within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by AlabamaLegals.com in accordance with this Agreement. AlabamaLegals.com reserves the right to suspend or terminate your AlabamaLegals.com’s subscription account without notice upon rejection of any card charges or if your bank or card issuer (or its agent or affiliate) seeks return of payments previously made to AlabamaLegals.com when AlabamaLegals.com believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to AlabamaLegals.com. 8. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH APPEARS IN THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER THE ALABAMA PRESS ASSOCIATION, ALABAMA NEWSPAPER ADVERTISING SERVICE, INC., ALABAMALEGALS.COM NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS OR PARTICIPATING MEMBER NEWSPAPERS PROVIDING CONTENT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ALABAMA PRESS ASSOCIATION, ALABAMA NEWSPAPER ADVERTISING SERVICE, INC., ALABAMALEGALS.COM NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS OR PARTICIPATING MEMBER NEWSPAPERS PROVIDING CONTENT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN 'AS-IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER THE ALABAMA PRESS ASSOCIATION, ALABAMA NEWSPAPER ADVERTISING SERVICE, INC., ALABAMALEGALS.COM NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS OR PARTICIPATING MEMBER NEWSPAPERS PROVIDING CONTENT NOR ANYONE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF WARRANTY. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. 9. CUSTOMER EXPRESSLY AGREES AND UNDERSTANDS THAT ALL PUBLIC INFORMATION DATABASES FURNISHED BY ALABAMALEGALS.COM REPRESENT DUPLICATIONS OF LEGAL ADVERTISEMENTS PLACED WITH NEWSPAPER MEMBERS OF THE ALABAMA PRESS ASSOCIATION WHO PARTICIPATE IN UPLOADING INFORMATION TO ALABAMALEGALS.COM AND ARE MAINTAINED AND MADE AVAILABLE FOR CONVENIENCE PURPOSES ONLY. THE OFFICIAL PUBLIC RECORDS EXIST ONLY IN THE PRINTED NEWSPAPER(S) OF RECORD FOR COUNTY AFFECTED. ALABAMALEGALS.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE PUBLIC INFORMATION CONTAINED WITHIN ITS DATABASES. ANY LEGAL OR BINDING ACTIONS SHOULD BE BASED SOLELY UPON APPROPRIATE CHECKS OF OFFICIAL PUBLIC RECORDS. 10. CUSTOMER AGREES TO INDEMNIFY THE ALABAMA PRESS ASSOCIATION, ALABAMA NEWSPAPER ADVERTISING SERVICE, INC., ALABAMALEGALS.COM AND ANY OF ITS LICENSORS, EMPLOYEES, AGENTS OR PARTICIPATING MEMBER NEWSPAPERS PROVIDING CONTENT AND HOLD THEM HARMLESS FROM CLAIMS OF ANY NATURE BY ANY PARTY WHICH ARISE AS A RESULT OF CUSTOMER'S USE OF SERVICE. 11. Except as expressly permitted in the operating rules, Customer may not commercially exploit or reproduce, redistribute, retransmit, publish, or otherwise transfer any information which Customer receives through the Service or supplemental to the Service. Customer agrees to comply with all Federal, State and local laws, rules and regulations, including, but not limited to, the Fair Credit Reporting Act. 12. This Agreement is, and shall be governed by and in accordance with the laws of the State of Alabama. Any cause of action of Customer with respect to the Service must be instituted within one year after the claim or cause of action has arisen or is barred. Any dispute arising out of or in connection with this agreement shall be resolved by arbitration under the auspices and rules of the American Arbitration Association. Any failure of AlabamaLegals.com. to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision. TERMS ARE NET 10 DAYS.
