Web Site License and Terms of Service
(Revised June, 2003)
This Agreement creates a legally binding relationship between:
Visual Lease Services, Inc(VLS) and the end user of Okassessor.com (the Site) Accessing the site indicates your acceptance of all terms of the license agreement and Terms of Service (TOS)
If the terms of this license agreement and TOS are not acceptable to the user of the Site, the user should not proceed to login to the Site.
1) This license grants to the user the non-exclusive and non-assignable right to:
Access the Site through a single login (if a single subscription
license fee has been paid by the Licensee) or through multiple logins
(if the end user has paid a multiple subscription license fee for more than a single access at any one time);
ACCEPTANCE OF THIS LICENSE
2) The terms and conditions of this license are deemed to be accepted by the parties as follows:
a) By VLS, upon delivery by VLS or its authorized Agent of a user name and password (login) allowing access to the Site.;
b) By the end user by submitting a subscription request for access to the Site.
USE OF THE Site
3) For the purposes of this license "use" shall mean and include:
Utilization of the Site by “Login to Site by a “Web
Browser” operated by
the end user to the effect that the Site can be searched, viewed, browsed or printed.
As used in this agreement:
“Authorized User” means a person, group of persons, or entity designated by a unique Username and Password
“Data” means the information, regardless of physical form or characteristic, contained in a record as defined herein.
“Public body” shall include, but not be limited to, any office, department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust or entity created by a trust, county, city, village, town, township, district, school district, fair board, court, executive office, advisory group, task force, study group, or any subdivision thereof, supported in whole or in part by public funds or entrusted with the expenditure of public funds or administering or operating public property, and all committees, or subcommittees thereof.
“Public official” means any official or employee of any public body as defined herein.
“Parcel” means a single record containing information pertaining to the taxable ownership and value of a property, either real or personal, denoted by the use of a unique ‘parcel identification number’ or other unique identifier.
“Record” means all documents, including but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, and record, sound recording, film recording video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public bodies, or their representatives in connections with the transaction of public business. For the purpose of this contract a “Record” shall not include information specifically required by law to be kept confidential.
“Service” means the delivery, distribution, and management of data as provided through the web site ’http:// www.OKAssessor.com’.
Terms of Service (“TOS”)
License & Copyright
VLS retains all copyrights to all content formatted for use on OKAssessor.com. All sorted or filtered licensed Data, copyright of software, domain names, logos and trademarks are the sole and exclusive property of VLS. VLS acknowledges that Data content offered is obtained from public Record and from other sources believed by VLS to be reliable. However, you understand and agree that the Service is provided “As-Is” and that OKAssessor.com assumes no responsibility for the timeliness, accuracy, or integrity of such content. Provider agrees to make all reasonable efforts to maintain a safe and operational Web Site. However, VLS does not warrant or guarantee that the Web Site or its Content is error-free, free of viruses, or other harmful components. Under no circumstance will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.
VLS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Parties agree that VLS shall not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the Service.
Intellectual Property & Proprietary Rights
Customer acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary information that is protected by applicable intellectual property and other laws. VLS grants Customer a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that the Customer does not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or Content, in whole or in part.
Customer agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Customer agrees not to access the Service by any means other than through the interface that is provided by VLS for use in accessing the Service.
Except as provided in this contract, nothing contained herein shall be construed as conferring any license of right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. VLS agrees that copyrights, trademarks, service markets, patents or other proprietary rights and laws protect the Content, Data, and the Web Site. All right, title, and interest (including all rights and other intellectual property rights) in the Web Site and Content belong to VLS.
Third Party Content & Rights
Third party content may appear on the Web Site or may be accessible via links from the Web Site. VLS is not responsible for and assumes no liability for any infringement, errors, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content reflected in any third party content appearing on this Web Site. The information and opinions expressed by third party content is not endorsed and does not necessarily reflect the opinions or beliefs of VLS.
The provisions listed under the headings: Disclaimer of Warranties, Indemnity, and Limitation of Liability are for the benefit of Provider and its officers, directors, employees, equity owners, affiliates, agents, licensors, suppliers, and any third party providing information to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against the Customer on their own behalf.
Termination of Service
Customer agrees that VLS may, under certain circumstances and without prior notice, immediately terminate the Customer OKAssessor.com account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, ( c) a request by the Customer, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity.
Disclaimer– VLS reserves the right, at any time, to change or modify fees and billing methods, including the additions of supplemental fees or separate charges for Web Site Content or Services, effective thirty (30) days after an online posting at http://www.okassessor.com. VLS also reserves the right to provide notice of such billing changes via e-mail. If the Customer finds such change is unacceptable, they may terminate their subscription to the Service, as provided under these Terms of Service. The continued use of the Service following the effective date of any billing change shall constitute the acceptance of such change.
Member Account, Password and Security
The Customer is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under any assigned password and account. Customer agrees to (a) immediately notify VLS of any unauthorized use of any assigned password or account or any other breach of security, and (b) ensure that they exit from their account at the end of each session. To report unauthorized use of Service contact firstname.lastname@example.org or Visual Lease Services, Inc. VLS cannot and will not be liable for any loss or damage arising from the failure of the Customer to comply with this provision.
VLS reserves the right to investigate complaints or reported violations of the TOS and to take any action deemed appropriate to remedy such situation including, but not limited to, reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. VLS also reserves the right to seek all remedies available by law for violations of these TOS, including, but not limited to, blocking access to the Web Site and any other VLS Web Site or Service.
Disclaimer of Warranties
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT:
THE USE OF THE SERVICE IS AT THEIR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VLS MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET ANY SPECIFIED REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET THEIR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE DISCRETION AND RISK OF THE CUSTOMER AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VISUAL LEASE SERVICES, INC., OKASSESSOR.COM, OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT VLS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
14. General Information
The TOS constitute the entire agreement between the Customer and VLS and governs the use of the Service, superceding any prior agreements between the Customer and VLS. The Customer may also be subject to additional terms and conditions that may apply when using affiliate services, third-party content or third-party software. The TOS and the relationship between the Customer and VLS shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. The Customer and VLS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hughes, Oklahoma. The failure of VLS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the 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. The Customer agrees that regardless of any action other provisions of the TOS shall remain in full force and effect.
The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.