TERMS OF USE AND SERVICE AGREEMENT

 

PLEASE READ THE FOLLOWING TERMS OF USE AND SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF USE/SERVICE AGREEMENT IS EFFECTIVE AS OF 01/15/2016.

 

ACCEPTANCE OF TERMS

 

The following Terms of Use and Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship between you, also referred to as “users” or “subscribers” as you interact or interface with this site maintained by the Alabama Press Association, also known as APA, located at 3324 Independence Drive, Birmingham, Alabama 35209, and our subsidiaries and affiliates, in association with the use of the APA website, which includes www.alabamalegals.com (the "Site") and its Services, which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

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. Any and all visitors to our site, despite whether they are subscribers or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "subscriber."

 

The user and/or subscriber acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Alabama Press Association. At its discretion, Alabama Press Association may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Alabama Press Association does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Alabama Press Association shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.

 

Furthermore, the user and/or subscriber understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Alabama Press Association shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

 

REGISTRATION AS A SUBSCRIBER AND PAYMENT TERMS

 

Registration as a subscriber is not required to view the Site. To register and become a subscriber of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving APA's Services under the laws and statutes of the United States or other applicable jurisdiction.

 

Furthermore, the subscriber hereby acknowledges, understands and agrees to:

 

a)      furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

 

b)      maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

 

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Alabama Press Association will have sufficient grounds and rights to suspend or terminate the subscriber in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Alabama Press Association Services, or any portion thereof.

 

For subscribers 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.

 

If the payment method for your AlabamaLegals.com subscriber 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.

 

SUBSCRIBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

 

You do not have to be a subscriber or have an account, username, password or other security to be a user of this Site. To register as a subscriber follow the link on the Site to www.alabamalegals.com/subscribe/. After completion of the registration data and creation of your username, you will create your own password. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Alabama Press Association immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Alabama Press Association shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

 

INTERSTATE COMMUNICATION

 

Upon registration, you hereby acknowledge that by using www.alabamalegals.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

 

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

 

a)      are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

 

b)      agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

 

c)       agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

 

d)      agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

 

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH APPEARS IN THE SERVICE IS AT YOUR 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.

 

 YOU EXPRESSLY AGREE AND UNDERSTAND 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.

 

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ALABAMA PRESS ASSOCIATION AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

a)      THE USE OR INABILITY TO USE OUR SERVICE;

 

b)      THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;

 

c)       UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

 

d)      STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

 

e)      AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

INDEMNITY

 

YOU AGREE 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 YOUR USE OF SERVICE.

 

EXCLUSION AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

COMMERCIAL REUSE OF SERVICES PROHIBITED

 

You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to APA's sites. You may not commercially exploit or reproduce, redistribute, retransmit, publish, or otherwise transfer any information which you receive through the Service or supplemental to the Service. You agree to comply with all Federal, State and local laws, rules and regulations, including, but not limited to, the Fair Credit Reporting Act.

 

 

THIRD PARTY BENEFICIARIES

 

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.

 

NOTICE

 

Alabama Press Association may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand and agree that all of the Alabama Press Association trademarks, copyright, trade name, service marks, and other Alabama Press Association logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Alabama Press Association. You herein agree not to display and/or use in any manner the Alabama Press Association logo or marks.

 

GENERAL INFORMATION

 

            ENTIRE AGREEMENT. This TOS constitutes the entire agreement between you and Alabama Press Association and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Alabama Press Association Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Alabama Press Association Services, affiliate Services, third-party content or third-party software.

 

            CHOICE OF LAW AND FORUM. It is at the mutual agreement of both you and Alabama Press Association with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Alabama without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Alabama Press Association, shall be filed in either the Circuit Court of Jefferson County, Alabama or the U.S. District Court for the Northern District of Alabama, Southern Division, located in Birmingham, Alabama. You and Alabama Press Association agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

            WAIVER AND SEVERABILITY OF TERMS. At any time, should Alabama Press Association fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

            NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY. You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

            STATUTE OF LIMITATIONS. You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

 

Please report any and all violations of this TOS to Alabama Press Association as follows:

 

Mailing Address:

Alabama Press Association

Attn: Alabamalegals.com Director

3324 Independence Drive

Birmingham, Alabama 35209

 

Telephone: (800) 264-7043

Fax:           (205) 871-7740    

Email:        leigh2@alabamapress.org