USE AND DISSEMINATION AGREEMENT
USE AND DISSEMINATION AGREEMENT BETWEEN USERS OF THE SUFFOLK
COUNTY CLERK’S LAND RECORDS DATABASE SYSTEM AND THE SUFFOLK COUNTY CLERK’S
THIS SITE AND ALL DATA COMPILED HEREIN ARE THE PROPERTY OF SUFFOLK
COUNTY. THE USE OF THE SUFFOLK COUNTY LAND RECORDS DATABASE SIGNIFIES USER’S
CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Suffolk County, through the Suffolk County Clerk’s Office,
hereby agrees to provide access to you, the user of its Land Records Database,
in accordance with the following terms and conditions:
I. DUTIES OF USER
It is the responsibility of the User of this database to read and understand
all limitations and conditions associated with its use. Data contained in the
Land Records Database may not be mined or sold or used in any pay-for-use application
without the express written permission of Suffolk County. Access to this site
by any automated program (“bots” “crawlers” “spiders”)
for the purpose of extracting data for any use whatsoever is prohibited.
II. USE OF INFORMATION
The User agrees to use information obtained from the database in a lawful manner,
as authorized under the statutes and regulations of the State of New York and
the Charter, Administrative Code and laws of the County of Suffolk. The User
agrees to protect the security of all information obtained from the database
and to use such information only for the purposes set forth herein. User agrees
not to use or permit any person, entity or corporation within User’s control
to use the Land Records database for any illegal purpose or for any purpose
in violation of any Federal, State, County or Municipal Law, ordinance, rule,
order or regulation of the Suffolk County Clerk’s Office now in effect
or hereinafter enacted, amended or adopted. The User agrees that the Suffolk
County Clerk’s Office may, to the extent permitted by law, conduct periodic
audits of and investigations into the User’s use and dissemination of
information obtained from the Land Records database for the purpose of insuring
that the User is in compliance with the terms of this Agreement.
III. RESTRICTIONS ON DISSEMINATION
Secondary dissemination by the User, or any person, corporation or entity of
information extracted in any manner from the Land Records Database for any commercial
purpose or to otherwise derive economic value is strictly prohibited. Secondary
dissemination means the transmission or use of such information in any form,
printed or otherwise, to or by an agency, entity or individual other than the
User, for any purpose other than as set forth in this Agreement.
IV. TERMINATION OF SERVICE
If the Suffolk County Clerk’s Office determines that the User has violated
one or more terms or conditions of this agreement, the Suffolk County Clerk’s
Office may immediately terminate the Agreement and revoke access to the database
without prior notice. It is understood that the failure by Suffolk County, its
departments, officers, directors, employees and agents to enforce strict compliance
with any of the terms, conditions or covenants contained in this Agreement shall
not be deemed a waiver of those terms, conditions or covenants nor a waiver
of the Suffolk County Clerk’s Office’s right to seek indemnification
as set forth herein. This provision shall survive termination of this Agreement.
Suffolk County reserves the right to take any appropriate civil or criminal
action to enforce the provisions of this Agreement.
V. LIABILITY AND INDEMNIFICATION
User expressly agrees that use of this database is at User’s sole risk.
Although the information contained in the Land Records Database is updated at
regular intervals, human and/or mechanical error can occur. Suffolk County,
its departments, officers, directors, employees or agents shall have no liability
as a result of erroneous or outdated information in the database, delays in
accessing the database, interruptions in service or unavailability of the database,
regardless of the reason for such occurrences. Suffolk County, its departments,
officers, directors, employees and agents assume no responsibility to User or
third parties for User’s improper or incorrect use of information described,
compiled and/or contained in this database. In no event shall Suffolk County
its departments, officers, directors, employees or agents be liable for any
direct, indirect, special, consequential or incidental damages arising in any
way from the use of the information contained in this database.
User shall indemnify and hold harmless Suffolk County, its departments, officers,
directors, employees or agents from all claims, expenses, liabilities and damages,
including reasonable attorneys’ fees, arising from or related to access
to the database by User and use and/or dissemination of information received
from the database by User regardless of whether the access, use and/or dissemination
was authorized by or in compliance with this Agreement.
Additionally, the user expressly waives any and all claims for compensation
for any and all loss or damage sustained by reason of interference by any public
agency or official in the operation of this Agreement and waives any and all
claims for compensation including, but not limited to, lost profits and revenues
for any and all loss due to impairment of access to any and all records in the
Land Records Database for any reason whatsoever. Any such interference and or
losses shall not relieve the User from any obligations under this Agreement.
VI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Suffolk County, through
the Suffolk County Clerk’s Office, and User concerning access to the Land
Records Database and use and dissemination of information contained in the database.
Suffolk County, through the Suffolk County Clerk’s Office, reserves the
right, in its sole discretion, to change any or all of the provisions of this
Agreement at any time. The Agreement in effect at the time of the use of the
Land Records Database shall govern User’s use of this database.
It is expressly agreed that if any term or provision of the Agreement, or the
application thereof to any person or circumstance, shall, to any extent, be
held invalid or unenforceable, the remainder of this Agreement, or the application
of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and
every other term and provision of this Agreement shall be valid and shall be
enforced to the fullest extent permitted by law.
VIII. CHOICE OF LAW
The laws of the State of New York shall govern this Agreement and apply to all
uses of information accessed from this database and resolution of any disputes
arising as a result of this Agreement. Venue shall be Suffolk County, New York.
IX. ACCEPTANCE OF AGREEMENT
The use of the Suffolk County Clerk’s Land Records Database signifies
acceptance of the terms and conditions contained in this Agreement. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE YOUR USE OF THE LAND RECORDS DATABASE.
Suffolk County does not collect personal information about the Users of this
database. The following User information is automatically collected and stored
when the Suffolk County website is entered: The Internet Protocol Address and
domain name used; the type of browser and operating system used; the date and
time of the site visit; the services accessed at the site; and any information
that User downloads. Except as otherwise expressly set forth in this Agreement,
the County may use this information for statistical analysis and for no other