TERMS & CONDITIONS OF USE
GENERAL TERMS AND CONDITIONS FOR USE OF FDCPACASES.ORG WEBSITE and SUBSCRIPTION
Effective May 17, 2007
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) OF USE CAREFULLY BEFORE USING THIS SITE. By using this site (“the website”) you agree to the terms as set forth below. Your use of the website is conditional on your agreement to these terms and conditions of use. If you do not agree to these terms and conditions of use, please discontinue use of this site immediately as you are not authorized to use the website. FDCPA Case Listing Service LLCSM reserves the right to modify, change, add or delete any portion of these terms at any time in accordance with the procedures set forth below in the section labeled “Amendment.”
You acknowledge by acceptance of these terms that the terms are supported by valuable consideration, the receipt of which is acknowledged. Without limiting the foregoing you acknowledge that such consideration includes, among other things, your subscription fee and your use of this site.
II. LICENSE; RESTRICTIONS ON USE
II.a. You are granted a nontransferable, nonexclusive, limited license to access and use, for only the benefit of the licensee, the information and materials available on the website (“information and materials”) from time to time made available to you. The information and materials may be delivered to you via electronic mail, on a CD-Rom through the United States Postal Service or through an FTP site associated with the website.
II.b. All right, title, and interest (including all copyrights and other intellectual property rights) in the information and materials contained on the website (in both print and machine-readable forms) belong to the owner of the website or its third party suppliers of materials. You acquire no proprietary interest in the information, materials, or copies thereof.
II.c. Except as specifically provided herein, you may not use the information or materials retrieved from the website in any fashion that infringes the copyrights or proprietary interests therein.
II.d. You may not remove or obscure the copyright notice or other notices contained in materials retrieved from the website.
II.e. A subscriber may photocopy printouts from the website and distribute those copies to the extent permitted under the "fair use" provisions of the Copyright Act of 1976 (17 U.S.C. §107). UNAUTHORIZED COPYING AND DISTRIBUTION OF INFORMATION AND MATERIALS IS STRICTLY PROHIBITED BY LAW. ANYONE WHO ILLEGALLY COPIES OR DISTRIBUTES INFORMATION WILL HAVE THEIR LICENSE TO USE THE WEBSITE REVOKED AND WILL BE REPORTED TO THE APPROPRIATE AUTHORITIES.
III. ACCESS TO SERVICES
III.a. Only individuals authorized by FDCPA Case Listing Service LLC may access and use the website.
III.b. Materials and information may be added to or withdrawn from the website and the website may be otherwise changed without notice.
III.c. Subscriptions are subject to approval and provided under the sole discretion of FDCPA Case Listing Service LLC.
IV. LIMITED WARRANTY
IV.a. FDCPA Case Listing Service LLC represents and warrants that it has the right and authority to make the information and materials available pursuant to these terms.
IV.b. EXCEPT AS OTHERWISE PROVIDED IN SECTION IV.a, THE INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE INFORMATION EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
V. LIMITATION OF LIABILITY
V.a. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the information or materials available or not included therein, (b) the unavailability or interruption of the information or materials, (c) your use of the information or materials (regardless of whether you received any assistance from a Covered Party in using the information), (d) your use of any equipment in connection with the information and materials, (e) the content of the information and materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
V.b. "Covered Party" means (a) the provider of the information and materials, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the information and materials or its affiliates; and (b) each third party supplier of materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of materials or any of their affiliates.
VI.a. These General Terms and Conditions may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed with two-week written notice; all other provisions may be changed by the provider of the information and materials immediately upon notice. Your subscription for access to the information and materials may be terminated immediately upon notice to the provider of the information and materials if any change is unacceptable. Continued use of the website following any change constitutes acceptance of the change.
VI.b. The provider of the website may terminate the subscription for access to the website. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The provider of the website may suspend or discontinue providing access to the website to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
VI.c. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the website by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed on the website; or on the date received, if delivered in any other manner. Notices to the provider of the website should be sent to FDCPA Case Listing Service LLC, Box 3943, Suwanee, GA 30024.
VI.d. The failure of the provider of the website to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
VI.e. The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the website without the prior written consent of the provider of the website.
VI.f. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Georgia.
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