Terms of Service

Disclaimer

By accessing or using any part of the whitleynet.org website, you agree to become bound by the terms and conditions of this agreement. You warrant that you are at least 18 years of age and of legal competence to enter into this agreement. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any services provided through it.

Whitleynet, including all of its features and content ("Website"), is a service made available by Whitleynet or its affiliates ("Providers"). All content, information, services, and software ordered or provided on or through this Website ("Information") may be used solely under the following terms and conditions ("Terms of Service").

Terms of Service

Website License. As a user of this Website, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Service. The Provider may terminate this license at any time for any reason.

Important Note: The Public Records and commercially available data sources used by this Website may have errors. Data is sometimes entered poorly, processed incorrectly, and is generally not free from defects. This Website should not be regarded as definitively accurate. All information should be independently verified. This Website is intended for end-user consumers and may only be used for personal non-business use.

This Agreement determines the terms and conditions governing the Website and is effective as of the date on which the access to such services is delivered to you (“You” or “User”). Access To Whitleynet

  • For the duration of this Agreement, the Provider grants the User a limited, non-transferable, nonexclusive license to access the Provider's computer-assisted online data retrieval service located on Whitleynet’s Website and the information included therein ("Information"). The User shall not store the Information in a competing database or provide it to any third parties. Under no circumstances may you offer any part of the Information for commercial resale or redistribution in any medium. Furthermore, the User shall not implement the use of website crawlers, including but not limited to automated robots and screen scraping software. Unless otherwise agreed to by the Provider in writing, Website use is permitted only via manually conducted, discrete, individual search and retrieval activities.
  • The Provider reserves the right at any time and without prior notice to change the Website’s hours of operation or to limit a User's access to the Website in order to perform repairs or make modifications in accordance with the Provider's business practices. The Provider may add or withdraw products or services to or from the website from time to time and post the new price on the Whitleynet Website.
User Warranties

The User warrants that they are not in the business of licensing, selling, or creating a computer-assisted online data retrieval service for their customers and that they will not use the Information for providing service bureau, timesharing, processing, or any other similar services to third parties.

Modifications

The Provider may modify the terms of this Agreement at any time within fifteen (15) days of written notice to the User, which can be delivered by posting it on the Whitleynet Website.

User Names and Passwords

The User shall not reveal any Website links, user names, or passwords to third parties.

Unauthorized Use
  • The User shall take appropriate measures to prevent the misuse and/or unauthorized access of Whitleynet services, the Website, and Information.
  • The User agrees that the Provider may temporarily suspend the User's access to the Website. The User also agrees to cooperate fully with any and all investigations and provide any information related to their Website use. In the event that Whitleynet believes that the User has violated any of the terms or conditions of this Agreement, the Provider, in its sole discretion, may immediately terminate this Agreement without notice or liability of any kind.
  • In the event that the User learns or has reason to believe that the Provider’s data has been disclosed to or accessed by an unauthorized party or used for a purpose not permitted under this Agreement, the User will immediately give notice of such an event to the Provider. The User shall be responsible for any other legal obligations that may arise under applicable law in connection with such an event.
Ownership

The User acknowledges that under this Agreement, they obtain only license rights and acquire no ownership rights, title, copyrights, or interest to the Website, its contents, programming, or any products.

Third-Party Conditions

The User acknowledges that the access to and use of the Website may be subject to restrictions imposed by third parties, including any information suppliers, and that the Provider's agreements with such third parties may require the Provider to deny or otherwise restrict the User's access to certain information available through the Website. Restrictions may also be imposed due to legal or regulatory requirements. The User agrees to comply with all such restrictions for which the Provider provides notice online or otherwise. Furthermore, the User agrees to respect and comply with all copyright notices applicable to the databases and other services and products related to the Website.

Database Supplier Rights

The User agrees that any Provider database supplier shall have the right to assert or to enforce any of the provisions of this Agreement directly on their own behalf.

Warranty Disclaimer
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES (WHETHER EXPRESSED OR IMPLIED), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS THE CORRECTNESS, COMPLETENESS, OR CURRENTNESS OF ANY DATA OR RESULTS, WHICH ARE BEING PROVIDED ON AN "AS IS" BASIS. THE ENTIRE RISK ARISING OUT OF THE USE OF THE INFORMATION AND SUPPORT SERVICES REMAINS WITH THE USER.
  • THE USER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT NEITHER THE PROVIDER NOR ANY DATABASE SUPPLIER CONVEYING THE INFORMATION TO THE USER DOES OR WILL UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER. THE USER THEREFORE AGREES THAT NEITHER THE PROVIDER NOR ANY DATABASE SUPPLIER WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY THE PROVIDER'S OR THE DATABASE SUPPLIER'S NEGLIGENCE IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE INFORMATION.
Provider’s Liability

IN NO EVENT SHALL THE PROVIDER OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO OTHER GOODS OR EQUIPMENT, LOST PROFITS, DOWNTIME COSTS, LABOR COSTS, OVERHEAD COSTS, OR USER CLAIMS FOR SUCH COSTS. IF, NOTWITHSTANDING THE FOREGOING, THE LIABILITY CAN BE IMPOSED ON THE PROVIDER OR ANY THIRD PARTIES, THE USER AGREES THAT THE AGGREGATE LIABILITY OF THE PROVIDER AND THE PROVIDER'S THIRD-PARTY SUPPLIERS FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF THE PROVIDER OR THIRD-PARTY SUPPLIERS IN CONNECTION WITH ANYTHING DONE OR PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE LESSER OF THE FEES ACTUALLY PAID BY THE USER TO THE PROVIDER FOR THE INFORMATION TO WHICH A GIVEN CLAIM RELATES AND ONE HUNDRED DOLLARS ($100).

Term of Agreement & Effects of Termination
  • This Agreement shall remain in effect until terminated by either party and for the duration of User’s use of the Information.
  • In the event of any other default by either party and a failure to fix such default within ten (10) days after the receipt of notice thereof, the non-defaulting party may immediately terminate this Agreement. Except for the indemnification rights set forth in Section 15, the cancellation shall be the sole remedy available to either party in the event of a default.
Compliance With Laws

The User shall not use the Website or the Provider Information in a manner contrary to or in violation of any applicable law, rule, or regulation. The data provided hereunder shall not be used, in whole or in part, for direct marketing purposes.

Indemnification

The User will indemnify and hold harmless the Provider, its officers, directors, employees, and agents, as well as the elected and appointed officials and employees, officers, directors, and agents of the governmental and other entities that have contributed information to or provided services for the Website, against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of whichever nature or kind arising out of the User's access to the Website, or their use or distribution of any Information.

Privacy

With respect to personally identifiable consumer information, the parties further agree as follows: the Provider recognizes the importance of appropriate privacy protections for consumer data, and the User agrees that the User (including its directors, officers, employees, or agents) will comply with privacy rules and regulations and the policies articulated here, whenever they are applicable: https://whitleynet.org/page/privacy