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DISCLAIMER AND USE AGREEMENT
The user of this service understands and agrees: (1) The records provided
by this service come from records maintained by the North Carolina
Administrative Office of the Courts (AOC). The information is current
only as of the previous working day, and the records are made available
on an "as is" basis. The people entering the records for the AOC are
fallible and, therefore, there may be mistakes in some records. Some
records also depend on information provided by other agencies, such
as the Division of Motor Vehicles, law enforcement, corrections, and
other courts. For all those reasons, the provider of this service cannot
guarantee that the records are accurate and complete. (2) Although
this service uses as many identifiers as are available, including birth
date, address, gender and race, the record found in a search still
might be for someone other than the individual being searched. Criminal
records generally do not include a social security number. (3) These
records are provided only for the user's own use and may not be publicly
disseminated by the user. (4) The user must comply with all applicable
laws concerning access to or use of criminal records, and the user
must comply with the federal Fair Credit Reporting Act, 15 USC 1681
et seq. (5) The user will hold the provider of this service, its officers
and employees, harmless from any expense or damage resulting from the
publication of information provided by this service. (6) The user will
pay all bills for service according to the rate schedule in effect
at the time of the use.
Administrative Office of the Court Warranties
Warranties
EXCEPT AS SET FORTH HEREIN, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY THE AOC WITH RESPECT TO THE AOC'S CRIMINAL AND CIVIL DATA EXTRACTS.
THE AOC PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE DATA EXTRACTS ARE ACCURATE, CORRECT, OR COMPLETE.
THE AOC PROVIDES NO OTHER WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SERVICE.
Limitation of Liability and Hold Harmless
THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OR ACTION, FOR ANY DAMAGES ARISING FROM CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE AOC.
THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OR ACTION, FOR ANY DAMAGES ARISING FROM INCORRECT OR INCOMPLETE DATA EXTRACTS FROM THIS SERVICE. IT IS EXPRESSLY UNDERSTOOD BY THE PARTIES THAT IT IS THE COMPANY'S RESPONSIBILITY TO VERIFY INFORMATION OR DATA OBTAINED THROUGH THE AOC'S CRIMINAL OR CIVIL DATA EXTRACTS WITH OFFICIAL INFORMATION RESPOSING AT THE COURT OF RECORD.
THE AOC SHALL NOT BE LIABLE FOR ANY DAMAND OR CLAIM, FOR ANY DAMAGES ARISING FROM DENIAL OF ACCESS OR INABILITY TO ACCESS DATA EXTRACTS FROM THE AOC SYSTEM WHICH DENIAL OF ACCESS OR INABILITY TO ACCESS IS A RESULT OF THE AOC OPERATING ITS SYSTEM IN DISASTER RECOVERY MODE.
THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OF ACTION, FOR ANY DAMAGES BASED UPON ALTERATION OR MODIFICATION MADE BY THE COMPANY OF ANY DATA SUPPLIED HEREUNDER UNLESS THE AOC MADE, DIRECTED, OR REQUIRED SUCH MODIFICATION OR ALTERATION.
THE AOC SHALL NOT BE LIABLE TO THE COMPANY OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING REVENUE, PROFITS, TIME, GOODWILL, CLAIMS OF INVASION OF PRIVACY, OR ANY OTHER INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE WHCH MAY ARISE FROM THE USE OF THE AOC CRIMINAL AND CIVIL DATA EXTRACTS.
THE COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE COURT OFFICIALS, THE AOC, ITS EMPLOYEES, AND THE STATE OF NORTH CAROLINA HARMLESS FROM ALL LOSS, RISK OF LOSS, AND DAMAGES (INCLUDING EXPENSES, COSTS, AND ATTORNEY FEES) SUSTAINED OR INCURRED BECAUSE OF OR BY REASON OF ANY CLAIMS, DEMANDS, SUITS, ACTIONS, JUDGEMENTS, OR EXECUTIONS FOR DAMAGES OF ANY AND EVERY KIND AND BY WHOMEVER AND WHENEVER MADE OR OBTAINED, ALLEGEDLY CAUSED BY, ARISING OUT OF, OR RELATING IN ANY MANNER TO ANY USE MADE BY THE COMPANY OR ANY PERSON WHO OBTAINS DATA FROM THE COMPANY OF THE AOC'S CRIMINAL AND CIVIL DATA EXTRACTS WHEN SUCH CLAIM, DEMAND, SUIT, ACTION OR JUDGMENT IS BASED UPON COMPANY'S INTENTIONAL OR NEGLIGENT FAILURE TO PERFORM.
©2004 NC Record Check

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