Troy's Consumer Warning

User Agreement  

This Agreement between the user who is registering at TroyTheLocator.com its websites, software and applications including Troy Alert ("User") and TroyTheLocator.com LLC ("TroyTheLocator.com" including "Troy Alert")  sets forth the terms and conditions governing the delivery of services by TroyTheLocator.com its websites, software and applications including Troy Alert and the payment for and use of such services by User.

During the term of this Agreement, User shall pay TroyTheLocator.com its websites, software and applications including Troy Alert the charges described on the TroyTheLocator.com websites, software and applications including Troy Alert services selected by User.

The TroyTheLocator.com its websites, software and applications including Troy Alert Terms and Conditions listed below are a part of this Agreement.

This Agreement has been reviewed by and is acknowledged by an authorized representative of User and becomes effective on the date when received by TroyTheLocator.com its websites, software and applications including Troy Alert in Ft Myers, Florida.

TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT TERMS AND CONDITIONS

During the term of this Agreement, User may access TroyTheLocator.com its websites, software and applications including Troy Alert computer-assisted, online data retrieval service known as TroyTheLocator.com its websites, software and applications including Troy Alert (the "Network") and the information included therein, on the following terms and conditions:

1. ACCESS TO NETWORK.

 

 

(a) TroyTheLocator.com its websites, software and applications including Troy Alert grants to User a nontransferable, nonexclusive license to access the Network and the information included therein during its normal hours of operation solely for the purpose of performing research and related work in the regular course of User's business. Except as otherwise provided herein, such license includes the right to transfer in substance the portions of information made available to User through the Network ("Information") in machine-readable form to a storage device under User's exclusive control and to temporarily store such Information in order to quote the same in memoranda, briefs and similar work product created by User. User shall not store or use Information in a searchable database.

(b) TroyTheLocator.com reserves the right at any time and without prior notice to User to change the Network's hours of operation or to limit User's access to the Network in order to perform repairs, make modifications or as a result of circumstances beyond TroyTheLocator.com its websites, software and applications including Troy Alert reasonable control. TroyTheLocator.com its websites, software and applications including Troy Alert may add or withdraw products or services to or from the Network from time to time or change prices for transactions and will notify User of such changes.

2. WARRANTY OF USER.

 

 

User represents that it is not in the business of licensing, selling, or creating for its customers, a computer-assisted, online data retrieval service.

3. BILLING AND PAYMENT.

 

 

Unless other payment terms are agreed to by TroyTheLocator.com its websites, software and applications including Troy Alert, all charges for the TroyTheLocator.com its websites, software and applications including Troy Alert services purchased by the User will be immediately charged to the credit card authorized by User. All charges are exclusive of local sales, use, personal property and similar taxes, which will be paid by User.

4. MODIFICATIONS.

 

 

TroyTheLocator.com its websites, software and applications including Troy Alert may modify the terms of this Agreement upon fifteen (15) days prior notice. User may terminate this Agreement without charge within ten (10) days after the announcement of any such modifications upon notice to TroyTheLocator.com.

5. USER NAMES AND PASSWORDS.

 

 

User's personnel shall access the Network using a user name and password selected by User. User shall notify TroyTheLocator.com its websites, software and applications including Troy Alert when any user names need to be canceled for any reason.

6. UNAUTHORIZED USE.

 

 

User is responsible and will be billed for all use of TroyTheLocator.com its websites, software and applications including Troy Alert services made by user names assigned to User. If User learns or suspects that unauthorized use of its account is taking place, User shall notify TroyTheLocator.com its websites, software and applications including Troy Alert immediately and, in such event, TroyTheLocator.com its websites, software and applications including Troy Alert will promptly replace User's password.

7. AVAILABILITY OF ADDITIONAL PRODUCTS.

 

 

TroyTheLocator.com its websites, software and applications including Troy Alert will from time to time make available to User other products and services made generally available by TroyTheLocator.com its websites, software and applications including Troy Alert to users of the Network, on such terms and conditions as TroyTheLocator.com its websites, software and applications including Troy Alert deems appropriate. This Agreement alone does not grant User access to or use of other TroyTheLocator.com its websites, software and applications including Troy Alert products and services. User acknowledges that User may be required, as a condition precedent to the use of additional products, to enter into additional agreements with TroyTheLocator.com its websites, software and applications including Troy Alert or third parties with respect to those products.

8. OWNERSHIP.

 

 

User acknowledges that it obtains only license rights under this Agreement and acquires no ownership rights, title or interest, including without limitation copyrights, to the Network, its contents or programming or to the Additional Products.

9. THIRD PARTY CONDITIONS.

 

 

User acknowledges that access to and use of the Network may be subject to restrictions imposed by third parties, including without limitation information suppliers, and that TroyTheLocator.com its websites, software and applications including Troy Alert agreements with such third parties may require TroyTheLocator.com its websites, software and applications including Troy Alert to deny or otherwise restrict User's access to certain information available through the Network. User agrees to comply with all such restrictions of which User receives notice, whether such notice is provided in writing or given online, and such restrictions are incorporated herein by reference. IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND THE TERMS AND CONDITIONS IMPOSED BY THIRD PARTIES, THEN THE THIRD PARTY TERMS AND CONDITIONS WILL APPLY. Further, User agrees to respect and comply with all copyright notices applicable to the databases and other services and products relating to the TroyTheLocator.com its websites, software and applications including Troy Alert Network.

10. RIGHTS OF DATABASE SUPPLIER.

 

 

User agrees that any TroyTheLocator.com its websites, software and applications including Troy Alert database supplier shall have the right to assert or to enforce any of the provisions of this Agreement directly on its own behalf.

11. DISCLAIMER OF WARRANTIES.

 

 

(a) NEITHER TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT NOR ANY DATABASE SUPPLIER MAKES ANY PREPRESENTATION OR WARRANTIES REGARDING THE PERFORMANCE OF THE NETWORK OR THE ACCURACY OF ANY INDEXING, DATA ENTRY OR ANY INFORMATION INCLUDED IN THE NETWORK.

(b) TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT OR ANY DATABASE SUPPLIER PERSONNEL RENDERING ADVICE TO USER REGARDING THE DEVELOPMENT (INCLUDING, WITHOUT LIMITATION, WORDING, SPACING, FORM AND COMPLETENESS) OF ANY LOCATE REQUESTS OR RENDERING STATEMENTS TO THE USER ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, ARE NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES TO USER REGARDING THE ACCURACY OR ADEQUACY OF SUCH REQUESTS, AND USER HEREBY ASSUMES FULL RESPONSIBILITY FOR THE FORMATION AND RESULTS OF ALL LOCATE REQUESTS.

(c) USER ACKNOWLEDGES THAT NEITHER TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT NOR ANY DATABASE SUPPLIER WARRANTS OR GUARANTEES THE TIMELINESS, CURRENTNESS, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR SERVICES PROVIDED, AND TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT AND ANY DATABASE SUPPLIER SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES.

(d) USER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT NEITHER TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT NOR ANY DATABASE SUPPLIER, IN FURNISHING THE INFORMATION TO THE USER, DOES OR WILL UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER. THE USER THEREFORE AGREES THAT NEITHER TROYTHELOCATOR.COM NOR ANY DATABASE SUPPLIER WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT OR THE DATABASE SUPPLIER'S NEGLIGENCE IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION.

12. USER'S REMEDIES AND TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT LIABILITY.

 

 

IN NO EVENT SHALL TROYTHELOCATOR.COM ITS WEBSITES, SOFTWARE AND APPLICATIONS INCLUDING TROY ALERT OR ANY DATABASE SUPPLIER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO OTHER GOODS OR EQUIPMENT, LOST PROFITS, DOWNTIME COSTS, LABOR COST, OVERHEAD COSTS OR CLAIMS OF CUSTOMERS OR CLIENTS OF USER FOR SUCH COSTS.

13. TERM OF AGREEMENT; EFFECTS OF TERMINATION.

 

 

(a) The term of this Agreement shall extend from the Effective Date and shall continue unless terminated by either party upon thirty (30) days prior notice, or as otherwise provided herein.

(b) In the event of any other default by either party, and a failure to cure such default within ten (10) days after receipt of notice thereof, the non-defaulting party may immediately terminate this Agreement. Except for the indemnification rights set forth in Section 15, cancellation shall be the sole remedy available to either party in the event of a default.

14. COMPLIANCE WITH LAWS.

 

 

User shall not use the Network in a manner contrary to or in violation of any applicable federal, state, or local law, rule, or regulation, including without limitation the Fair Credit Reporting Act (15 U.S.C.A. § 1681 et seq.). User certifies that it will not use any information obtained by it through the Network as a factor in establishing a consumer's eligibility for credit or insurance, for employment purposes or for governmental licenses.

15. INDEMNIFICATION.

 

 

(a) User will indemnify and hold harmless TroyTheLocator.com its websites, software and applications including Troy Alert, its officers, directors, employees and agents, and 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 Network, against any and all direct or indirect losses, claims, demands, expenses (including attorneys’ fees) or liabilities of whatever nature or kind arising out of User's access to the Network, its use or distribution of any Information or the Additional Products, except for claims expressly covered by the warranty provided in Section 12 hereof.

(b) TroyTheLocator.com its websites, software and applications including Troy Alert will indemnify and hold User, its officers, directors, employees and agents, harmless against any claim that the Network infringes upon a United States copyright, patent or trade secret; provided User immediately notifies TroyTheLocator.com its websites, software and applications including Troy Alert in writing of the existence of such claim, permits TroyTheLocator.com its websites, software and applications including Troy Alert to assume the defense of such claim, and cooperates with any reasonable requests of TroyTheLocator.com its websites, software and applications including Troy Alert in connection with such defense; and provided, further that the indemnity given herein shall not apply if User resells or distributes Information to third parties.

16. GENERAL.

 

 

(a) This Agreement shall be governed by Florida law and may not be assigned by User in whole or in part without the prior written consent of TroyTheLocator.com its websites, software and applications including Troy Alert.

(b) All notices required or permitted under this Agreement will be posted on the TroyTheLocator.com its websites, software and applications including Troy Alert site. Subscribers to TroyTheLocator.com its websites, software and applications including Troy Alert will be notified of any changes to the price or content via the email address provided by the User.

(c) Failure by either party to insist in any one or more cases upon the strict performance of any of the terms and conditions of this Agreement shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition.

(d) The terms and conditions set forth in this Agreement constitute the entire agreement of the parties on the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any User purchase order, shall be of no effect.

(e) User will not name TroyTheLocator.com its websites, software and applications including Troy Alert or refer to the use of TroyTheLocator.com its websites, software and applications including Troy Alert Services in any advertisements, promotional or marketing material.


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