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
https://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