Use of the Lake County, Indiana (herein "Lake County") system, including the court case alerts function (herein "Lake County Online Docket") is conditioned on the acceptance of the following terms and conditions. By registering to use Lake County Online Docket, the registered user (herein "Registered User") agrees and accepts the terms and conditions contained in this Registered User Agreement:
Limitations on use
The Registered User acknowledges that Lake County and/or third parties retain all right, title and interest under applicable contractual, copyright and related laws in the databases and materials made available through the Lake County Online Docket, and the Registered User shall use such materials consistent with such right, title and interest and notify Lake County of any threatened or actual infringement thereof. Lake County grants to Registered User a nonexclusive, nontransferable, limited license to access the Lake County Online Docket and the information included herein solely for the purpose of performing research and related work in the regular course of Registered User`s business. Except as otherwise provided herein, such license includes the right to transfer insubstantial portions of information from Lake County Online Docket in machine readable form to a storage device under Registered User`s exclusive control and to temporarily store such Information primarily for one person`s exclusive use in order to use the same in Registered User`s ordinary daily work. Registered User shall not use Online Docket public access while performing research and related work in the regular course of Registered User`s business. Registered User shall not store or use information in a searchable database. Such license also includes the right to provide printouts of information from Lake County Online Docket to Registered User`s customers or clients provided that such printouts are provided as an incidental part of, and ancillary to, Registered User performing other services for such customers or clients in the regular course of Registered User`s business. Except as specifically provided herein, Registered User is prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using information retrieved from or through Lake County Online Docket. Registered User shall not use any data obtained through the use of the Lake County Online Docket for consumer credit purposes, consumer insurance underwriting, employment purposes, or tenant screening purposes in violation of state or federal law.
Compliance with applicable laws
The Registered User shall at all times use the Lake County Online Docket and the information or data obtained from it in compliance with all applicable federal, state and local laws, statutes, rules, regulations and ordinances, including but not limited to the Federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and the Federal Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.) (collectively, "Applicable Law").
Lake County will use reasonable efforts to provide access to its systems, and to update, augment and maintain its compilation of information gathered from selected public records and other sources. All information is provided "as is." The Lake County Online Docket may be unavailable for certain periods of time. Neither Lake County nor any third party information provider shall have any liability of any type or kind for unavailability of Lake County Online Docket, or any failure to provide advance notice of such unavailability. The data included in the Lake County Online Docket is obtained from publicly available information or from various other sources. In the event any types of data become unavailable, Lake County accordingly may eliminate such types of data. THE REGISTERED USER ACKNOWLEDGES THAT THE INFORMATION AND RECORDS PROVIDED THROUGH THE LAKE COUNTY ONLINE DOCKET ARE NOT OFFICIAL PUBLIC RECORDS. The official records are maintained in the office of the Clerk of the Lake Circuit and Superior Courts. Registered User is advised to take note of the "as of" date for information provided through the Lake County Online Docket.
Modification in services
Lake County reserves the right at any time and without prior notice to Registered User to change Lake County Online Docket`s hours of operation or to limit Registered User`s access to the Lake County Online Docket in order to perform repairs, make modifications or as a result of circumstances beyond Lake County`s control. Lake County may add or withdraw products or services to or from Lake County Online Docket from time to time or change prices for products or services.
as such rule or document is amended from time to time.
Hostile activities prohibited
Registered Users agree to refrain from using the Lake County Online Docket for any activity which adversely affects the ability of other people or systems to use the Lake County Online Docket or the Internet. This includes "denial of service" attacks against Lake County Online Docket, another network host or an individual Registered User. A Registered User may not permit its network, through action or inaction, to be configured in such a way that gives a third party the capability to use its network to use Lake County Online Docket in an illegal or inappropriate manner. Registered User shall not access, attempt to access, or permit third parties to access information through Lake County Online Docket that is not available to the public because of any state or federal law.
Negation of liability/warranty
NEITHER Lake County NOR THIRD PARTIES PROVIDING INFORMATION THROUGH Lake County Online Docket SHALL BE LIABLE TO REGISTERED USER OR TO ANY PERSON CLAIMING THROUGH REGISTERED USER OR TO WHOM REGISTERED USER MAY HAVE PROVIDED DATA FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY Lake County`s OR THIRD PARTIES` NEGLIGENT ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING INFORMATION THROUGH THE Lake County Online Docket OR IN OTHERWISE PERFORMING UNDER THIS AGREEMENT. Lake County AND THIRD PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED. Lake County AND/OR THIRD PARTIES DO NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE Lake County Online Docket OR THE COMPONENTS THEREOF. IN NO EVENT SHALL Lake County OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY THE REGISTERED USER FROM RECEIPT OR USE OF INFORMATION DELIVERED HEREUNDER, OR THE UNAVAILABILITY THEREOF. NEITHER Lake County NOR THIRD PARTIES PROVIDING INFORMATION THROUGH Lake County Online Docket SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ATTORNEYS` FEES, DAMAGES TO OTHER GOODS OR EQUIPMENT, LOST PROFITS, DOWNTIME COSTS, LABOR COST, OVERHEAD COSTS OR CLAIMS OF CUSTOMERS OR CLIENTS OF REGISTERED USER FOR SUCH COSTS, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES, INFORMATION, OR THE FAILURE OF Lake County OR THIRD PARTIES PROVIDING INFORMATION THROUGH Lake County Online Docket TO PERFORM THEIR OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF EITHER Lake County OR THIRD PARTIES PROVIDING INFORMATION THROUGH Lake County Online Docket.
The Registered User hereby agrees to protect, indemnify, defend and hold harmless Lake County, its elected officials, appointed officers, employees, and all third parties from and against any and all costs, claims, demands, damages, losses and liabilities (including actual attorneys` fees) arising from or in any way related to use of information by the Registered User (or any third party receiving such information from or through the Registered User) furnished by or through the Lake County Online Docket to the extent such costs, claims, demands, damages, losses or liabilities (including actual attorneys` fees) do not result from the grossly negligent acts or omissions of Lake County or third parties.
Fee for Services
Registered User shall pay to Lake County the subscription fees and per service charges as updated from time to time through on-line announcements and published price schedules. All current and future Lake County pricing documents are deemed incorporated herein. Registered User shall pay Lake County subscription fees and per service charges as set forth in the Schedule of Fees and Charges, available during registration, (which is subject to change) for each open Registered User account, regardless of activity and in addition to fees incurred through individual services rendered. Registered User shall be responsible for payment for all services obtained through Registered User`s account. Payment by Registered User for per service charges is due and payable ten (10) days from the date of invoice. If payments are past due more than ten (10) days from the date of invoice, Lake County may deny service to Registered User. If payments are past due more than thirty (30) days, Lake County may terminate this Agreement. Registered User is responsible for payment of all collection costs and attorney fees incurred by Lake County through its efforts to collect balance(s) owed by Registered User. All remittances shall be sent to Lake County, Attn.: Data Processing, 2293 North Main Street, Crown Point, Indiana 46307.
Registered User may terminate its subscription at any time. All subscriptions are paid in advance on an annual basis and are "auto-renewing," meaning that Lake County may bill Registered User`s credit card or submit an invoice for payment each year, on the same calendar day of the original subscription, until Registered User cancels. If the calendar day on which Registered User subscribed does not exist in the following years, the billing date will be the date closest to the subscription anniversary date. For billing purposes, Lake County may keep Registered User`s credit card information or other payment authorization information on file and may ask Registered User to update it. Registered User may cancel its subscription prior to the next billing date to avoid future charges by calling 1-219-755-3636. If Registered User cancels its subscription at any time, no portion of the subscription fee is refundable. If Registered User fails, or Lake County suspects that Registered User has failed, to comply with any of the provisions of this Agreement, Lake County, at its sole discretion, may terminate this Agreement and Registered User`s access to Lake County Online Docket. The Registered User account may be automatically removed if registered User's subscription expires AND it is not renewed within 45 days from its expiration.
Agreement in its entirety
This Agreement sets forth the entire understanding and agreement between Lake County and the Registered User regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations, except that access to and use of third-party services may be governed by terms and conditions different than or in addition to those herein. By use of the Lake County Online Docket, the Registered User agrees to, and shall comply with, such different and/or additional changes to this Agreement as Lake County shall make from time to time by notice to the Registered User on-line, or in writing.
This Agreement shall be interpreted in accordance with the laws of the State of Indiana. Any lawsuits filed by or against Lake County, its elected officials, appointed officers, or employees, arising under this agreement or by reason of the use of the Lake County Online Docket shall be filed in the courts in Lake County, Indiana. Registered User may not assign this Agreement, or sub-license, assign or delegate any right or duty hereunder, without the prior written consent of Lake County. Any such purported assignment without such prior written consent shall be void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. The failure of Lake County at any time to require performance by Registered User of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by Lake County of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. Each third-party supplier of Information has the right to assert and enforce these provisions directly on its own behalf as a third-party beneficiary.