(1) Read Service Agreement Completely
(2) Fill in form below and Attachment A
(3) Click Submit button to send information to CourtLogic
(4) Print Complete Recurring Monthly Service Agreement and Sign
(5) Fax to CourtLogic at 800.792.2945 or Email to CourtLogic at sales@courtlogic.com

Recurring Monthly Service Agreement    

Please check desired products:

This Agreement (the “Agreement”) is by and between North Carolina Information Data, Inc. d/b/a CourtLogic (hereinafter “NCID”), P.O. Box 1589, Fuquay Varina, North Carolina 27526, and _______________________________________ hereinafter (“Client”) with office(s) as specified on Attachment A hereto, for the provision to Client by NCID or its subcontractors of the CourtLogic.com Website Record Retrieval Service and/or the Premium Traffic Direct Mail Service and/or the Previous Client Alert Service (such services together with all other services offered or provided by NCID or on the Website now or in the future in each case to the extent utilized or subscribed for by Client, collectively, the “Services”) on the following terms and conditions.

Terms and Conditions

1. Compliance with Law. Client agrees to comply with all applicable local, state and federal laws, rules and regulations regarding or related to the Services, the Website or accessing, publishing, disseminating, disclosing or using public records (including, without limitation, criminal records), private records (including, without limitation, DMV records) or other records, content, material or information obtained through CourtLogic.com (the “Website”) or through Client’s use of the Services (collectively, the “Applicable Laws”). Client agrees to use the Services and any content, material or information found on the Services solely for lawful purposes. Client represents and warrants that (i) it will implement and maintain reasonable security procedures and practices appropriate to the nature of the information it receives from NCID, the Website or in connection with the Services; (ii) it has or will obtain a duly signed and appropriate release from an individual before using the Services or the Website to obtain such individual’s driving or DMV history in any state other than North Carolina; (iii) it will not use the Service to violate any rules of professional conduct governing lawyers; and (iv) Client understands that NCID is entitled to rely on the information provided by Client to NCID and that Client will verify the identity of any individual’s name provided to NCID by Client and/or by NCID to Client.

2. Price and Invoices.

a. Client agrees to be financially responsible for and to pay all bills for the Services and use of the Website according to the rate schedule set forth on the Website, which rate schedule Client agrees may be changed by NCID at any time without notice (with all rates deemed to be automatically revised to reflect any such price changes). Price changes will be posted on the Website as soon as possible after becoming effective.

b. Approved customers may be invoiced monthly or have billing paid by credit card. If payment is by credit card, Client authorizes NCID to bill the MasterCard, VISA, or American Express account Client provides on Attachment A hereto for all monthly account fees, AOC transaction Use Fees, and for any new flat rate or transaction-based Services added by NCID or the Website that are used by the Client. Billing charges will be charged to Client’s credit card and are due on the date of such electronic billing, or, if invoiced monthly, payment terms are net 30 days. Failure to pay by the due date may result in immediate loss of Services from NCID. A late charge of one and one half (1 ½) percent will be in effect for payments made past the due date. All charges due, plus late charges, must be paid before the Services will be continued. In the event Client fails to make timely payments or otherwise breaches the Agreement, Client agrees to pay NCID the actual costs of collection, including reasonable attorney’s fees.

3. Operating Hours.

a. The third party maintainer of each database determines availability of its database. Client understands that modification, maintenance, system outages or interruption of database systems by third parties can interrupt the Services and functionality of the Website and NCID cannot and shall not be liable for such interruptions.

b. NCID will provide NO CHARGE telephone assistance during regular business hours. Such assistance can be obtained by calling NCID’s call line at 800.792.4339 during regular business hours.

4. Account ID and Password. By completing and signing this Agreement, Client is requesting an Account ID and password to access the Website. The assigned Account ID and password will be unique to Client, and any research performed will be billed to Client’s credit card account set forth on Attachment A hereto or billed to the Client. By signing the Agreement below, the Client accepts full legal and financial responsibility for any usage under the assigned Account ID and password and for ensuring that such usage complies fully with the provisions of this Agreement.

5. Termination. Client or NCID may terminate this Agreement immediately for any reason at any time. Without limiting the prior sentence, NCID may terminate this Agreement or temporarily or permanently discontinue access to the Website and any or all Services to Client at any time, immediately without prior notice or liability, for any conduct which NCID suspects to violate this Agreement or to be otherwise harmful to NCID’s interest or the interest of others. Client agrees that its sole and exclusive right and remedy with respect to any dissatisfaction with the Services, the Website or any provision of this Agreement is to terminate this Agreement as provided in this paragraph. Notwithstanding anything in this Agreement to the contrary, all fees and expenses incurred by Client or owed from Client to NCID shall be due and payable by Client immediately upon the termination of this Agreement. The provisions of this section shall survive any termination of this Agreement.

6. Indemnification. Client agrees to indemnify, defend and hold harmless NCID (and its officers, directors, employees, and any company or third party NCID, the Services or the Website uses to obtain records or information) from and against any claims of any nature by any party and any expenses, losses or damages which arise or result from (i) the access, publishing, dissemination, disclosure or use of any information, content or material contrary to requirements of any Applicable Law, (ii) Client’s use of the Services or the Website, or (iii) Client’s breach of or noncompliance with this Agreement. The provisions of this section shall survive any termination of this Agreement.

7. Source of Information. Client understands that all information furnished by NCID pursuant to the Service or on the Website: (i) represents a duplication of or has been compiled from public records, third party private records and other third party sources, (ii) is maintained and made available for convenience purposes only, (iii) is only as current as the public records, third party private records and other third party sources on the date provided, and (iv) may be affected by the completeness and accuracy of the record-keeping practices of third parties that collect and maintain such information, the availability of such information from such third parties or the search criteria used by Client. The official public records, private records and information exist only in the offices of appropriate public officials or other third party source. Client, agrees that NCID cannot and shall not be responsible for the record-keeping practices of third parties including, but not limited to: the N.C. Department of Motor Vehicles; the N.C. Administrative Office of Court; county, state and federal courts; state repositories; state and regional prisons; local police stations; federal civil courts and bankruptcy courts; state medical boards and other professional licensing organizations; other local, state and federal entities; and other third parties. NCID does not warrant the accuracy, currency or completeness of the public records, private records, other records or other content, material or information contained on the Website or obtained through the Services and any legal or binding actions should be based solely upon appropriate checks of official public records, private records, other records and other third party sources.

8. Warranty Disclaimer. CLIENT EXPRESSLY AGREES THAT THE SERVICES, THE MATERIALS THEREIN AND THE STORAGE OF INFORMATION WHICH APPEARS IN THE SERVICES OR ON THE WEBSITE ARE PROVIDED TO CLIENT ON AN “AS IS” BASIS AND THE USE THEREOF IS AT CLIENT’S SOLE RISK. NCID DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED) WITH REGARD TO THE SERVICES AND THE MATERIALS THEREIN AND THE STORAGE OF CONTENT, MATERIAL AND INFORMATION WHICH APPEARS IN THE SERVICES OR ON THE WEBSITE AND THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, INFRINGEMENT OR TITLE, (B) ANY WARRANTY OF QUALITY, FUNCTIONALITY, OPERABILITY, USE OR PERFORMANCE OF THE SERVICES OR THE WEBSITE, (C) ANY WARRANTY OF THE ACCURACY, COMPLETENESS OR VALIDITY OF THE DATA OR INFORMATION COMMUNICATED THROUGH THE SERVICES OR THE WEBSITE, OR (D) ANY WARRANTY OF THE CONTINUOUS AVAILABILITY OF THE SERVICES OR THE WEBSITE, OR THAT THE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

9. Release and Limitation on Liability. Client understand that any information furnished pursuant to this Agreement has been created and is maintained by various Federal, State and county agencies and other third parties who are not under the control of NCID. CLIENT AGREES TO RELEASE NCID (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ANY COMPANY OR THIRD PARTY NCID, THE SERVICES OR THE WEBSITE USES TO OBTAIN RECORDS OR INFORMATION) FROM ANY LIABILITY FOR ANY NEGLIGENCE OR OTHERWISE TO THE FULLEST EXTENT THAT CLIENT MAY LEGALLY AGREE TO RELEASE SUCH PARTIES FROM SUCH LIABILITY, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE PREPARATION, MAINTENANCE OR TRANSMISSION OF ANY RECORDS OR INFORMATION OBTAINED BY CLIENT THROUGH NCID, THE SERVICES OR THE WEBSITE, AND FROM ANY LOSS OR EXPENSE SUFFERED BY CLIENT DIRECTLY OR INDIRECTLY FROM ANY RECORDS OR INFORMATION OBTAINED BY CLIENT THROUGH NCID, THE SERVICES OR THE WEBSITE. NEITHER NCID NOR ANYONE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR THE WEBSITE SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES, THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, OR THE INABILITY TO USE THE SERVICES OR THE WEBSITE OR OUT OF ANY BREACH OF WARRANTY. IN NO EVENT SHALL NCID’S AGGREGATE LIABILITY TO CLIENT AND ANY THIRD PARTIES IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED THE TOTAL AMOUNT OF PAYMENTS ACTUALLY RECEIVED BY NCID FROM CLIENT UNDER THIS AGREEMENT FOR THE SERVICE TO WHICH THE GIVEN CLAIM RELATES. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

10. General

a. a. This Agreement and any dispute or controversy arising out of or relating hereto shall in all respects be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of laws principles. The parties agree that the sole and exclusive jurisdiction and venue for any actions arising out of or relating to the Agreement will be solely and exclusively in the courts of Wake County, North Carolina or the United States District Court for the Eastern District of North Carolina. Each party hereby irrevocably submits to the exclusive jurisdiction of these courts for the adjudication of any dispute hereunder or in connection herewith and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.

b. b. Except as otherwise stated above with respect to price changes, no changes in the Agreement may be made except by consent in writing by an officer of NCID; such price changes shall be posted on the Website (or Client shall be notified by other means), and Client’s use of the Services after such posting or other notice shall be deemed Client’s acceptance of such change(s).

c. c. This Agreement may be executed in any number of counterparts, and all such counterparts together shall constitute but one and the same instrument; this Agreement may be executed by facsimile or e-mail signature(s), which shall be deemed for all purposes as original, handwritten signature(s) and fully valid.

d. d. This Agreement, Attachment A hereto, any operating rules or terms and conditions (including data privacy policies) posted on the Website and, if applicable, the Premium Traffic Direct Mail Services Addendum to this Agreement, represents the complete and exclusive statement of the agreement and understanding of the parties with respect to the Services provided hereunder, and supersedes all prior oral or written negotiations, representations, agreements, understandings and statements.

e. e. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provisions.

f. “Or” is used in the inclusive sense of “and/or

g. The provisions of this section shall survive any termination of this Agreement.

(2) Fill in Attachment A below