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ILS Virginia Cover Sheet Online The ILS Virginia Cover Sheet Online Terms of Service ("Terms of Service") are effective immediately upon the User's acceptance of the Terms of Service by clicking the "Subscribe" button and your first use of the ILS Virginia Cover Sheet Online as defined herein. As used in the Terms of Service, the terms "you", "your" or "user" all refer to the person using the Service in any way. 1. Services Provided by ILS. 1.1 Permitted Uses and Restrictions on Use. Subject to the terms and conditions of the Terms of Service (including the policies linked to it), ILS Inc. ("ILS") or its subcontractors will provide the following: ILS Virginia Cover Sheet Online, a service that allows you to store, retrieve, organize and share Cover Sheet data over the World Wide Web (the "Service"). You may not use the Service until you have read and accepted all of the Terms of Service by clicking the "Subscribe" button. In order to use the Service, you are responsible at your own expense to access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You shall not attempt to access any other of ILS's systems, programs or data that are not made available for public use. 1.2 General Practices Regarding Use and Storage. You acknowledge that ILS may establish from time to time general practices and limits concerning use of the Service, including without limitation, establishing the maximum amount of storage space you have on ILS Virginia Cover Sheet Online at any time, as well as limiting the amount of bandwidth you may use with the Service in a given period of time. For purposes of this Section 1.2, bandwidth is defined as the total amount of data downloaded from and uploaded to the ILS Virginia Cover Sheet Online server in a given period of time. ILS may limit the volume of email forwarding in response to unreasonable activity (such as spamming). You agree that ILS has no responsibility or liability for the deletion or failure to store any data (referred to as "Content") maintained or transmitted by the Service. You acknowledge that ILS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 1.3 Links. The Service, other Service users, or third parties may provide links to other World Wide Web sites or resources. Because ILS has no control over such sites and resources, you acknowledge and agree that ILS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ILS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 1.4 Privacy. For details about ILS's privacy policies, please refer to the ILS Virginia Cover Sheet Online Privacy Statement posted on this website. 2. Your Responsibilities. 2.1 Your Registration Obligations. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself in the required fields as prompted by the Service's registration form(s) (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ILS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ILS may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 2.2 Acceptable Use Policy. You agree to comply with ILS's then-current Acceptable Use Policy as posted from time to time. By submitting any Content to ILS, you warrant that: (i) you are the owner of such Content, or have been granted all the rights necessary from the owner of such Content to submit such Content to ILS, and (ii) the use of such Content by ILS and its members will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party. 2.3 No Resale, Etc. of the Service. You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. Such restrictions do not apply to the Content you place on ILS Virginia Cover Sheet Online. You agree not to access the Service by any means other than through the interface that is provided by ILS for use in accessing the Service. 3. Proprietary Rights. 3.1 Content Submitted to the Service. You acknowledge that ILS does not pre-screen Content, but that ILS and its designees, contractors or subsidiaries shall have the right (but not the obligation) in their sole discretion to refuse or to remove any Content that is available via the Service. Without limiting the foregoing, ILS and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 3.2 ILS Proprietary Rights. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. 4. Modifications to the Service or Agreements. 4.1 Modifications to the Service. ILS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ILS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. ILS may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browser versions). 4.2 Modifications to the Terms of Service. You agree that ILS may modify the Terms of Service at ILS's sole discretion. Please check the Terms of Service periodically for changes. Your continued use of any of the Service shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service and immediately cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms of Service. 5. Fees. 5.1 General. You agree to pay the then-current fees for the Service. ILS reserves the right to modify its fees with or without notice. Certain of the Services are provided at no charge, i.e. the "Demo Version." 5.2 Registration and Fees. After registering, you shall have the option to either (a) terminate the Agreement as specified in Section 6 below, or (b) pay ILS's then-current monthly fee in order to continue receiving the Service. Subscribers who fail to provide notice to terminate shall be deemed to accept the option to continue receiving the Service and to pay the monthly fee. Such monthly fee shall be due and payable to ILS by credit card in advance on the billing date as displayed in the Service. All fees are non-refundable, in whole or in part, even if the Service is suspended, cancelled or transferred prior to the end of your then current Service term. 6. Term and Termination. 6.1 Term. The Term of Service shall be effective on a month-to-month basis until terminated with thirty days written notice by either party, or until terminated as specified below. 6.2 Termination by ILS. You acknowledge and agree that ILS in its sole discretion, may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice and for any reason, including if you engage in any conduct that ILS believes: (a) violates the letter or spirit of any term or provision of the Terms of Service, (b) violates the rights of ILS or third parties, or (c) is otherwise inappropriate for continued access and use of the Service. In addition, ILS reserves the right to terminate any membership account if that account has been inactive for greater than three hundred and sixty five (365) days. You agree that upon termination, we may delete all files and information related to your account and may bar your access to your account and the Service. Further, you agree that ILS shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify and hold ILS and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of any term of the Terms of Service by you or users of your account. 7. Disclaimer of Warranties; Indemnity; LIMITATION OF LIABILITY. 7.1 Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ILS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) ILS AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ILS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ILS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. 7.2 Representations and Warranties. You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable. 7.3 Indemnity. You agree to indemnify and hold ILS, its subsidiaries and affiliates, and its and their directors, officers, agents and employees ("Indemnities"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content; your use of the Service; your connection to the Service; your violation of the Terms of Service; or your violation of any rights of another. You further agree and acknowledge that the Indemnities are not liable or responsible in any way for any errors, omissions or any other actions arising out of or related to your use of the Service. You further agree to indemnify, defend and hold harmless the Indemnities from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your use of the Service. 7.4 Limitation of Liability. (A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT ILS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. (B) YOU ALSO AGREE THAT ILS WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE ; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) EVENTS BEYOND ILS's REASONABLE CONTROL. (C) IN NO EVENT SHALL ILS's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ILS FOR THE SERVICE, BUT IN NO EVENT GREATER THAN AN AMOUNT EQUAL TO SERVICE CHARGES FOR SIX (6) MONTHS OF THE SERVICE. 7.5 Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7.1 AND 7.4 MAY NOT APPLY TO YOU. 8. General Information. THE SERVICE IS NOT OFFERED OR AVAILABLE TO PERSONS UNDER THE AGE OF THIRTEEN (13). Notices to you may be made via either email, regular mail, overnight courier or facsimile at your contact addresses of record for the Service. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. If you provide notice to ILS, such notice shall be sent to: ILS Inc., 9525 Georgia Ave. Suite 205, Silver Spring MD 20910 Attn: General Counsel, Legal Dept.; Fax: (301) 587-2796. The Terms of Service (and the policies linked to it) constitutes the entire agreement between you and ILS and governs your use of the Service, superceding any prior agreements between you and ILS (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other ILS services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and ILS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montgomery, Maryland. The Terms of Service does not limit any rights that ILS may have under trade secret, copyright, patent, trademark or other laws. The failure of ILS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of ILS and its successors and assigns. With respect to any acquisition of the Image(s) by or for any unit or agency of the United States Government (the "Government"), the Image(s) shall be classified as "commercial computer software" as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DOD) FAR Supplement (the "DFARS"). The Image(s) was/were developed entirely at private expense, and no part of the Image(s) was/were first produced in the performance of a Government contract. If the Image(s) is/are supplied for use by the DOD, the Image(s) is/are delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(l)(ii)(OCT 1988), as applicable. If the Image(s) is/are supplied for use by a Federal agency other than the DOD, the Image(s) is/are restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is ILS Inc., 9525 Georgia Ave. Suite 205, Silver Spring, MD, 20910. All representations, warranties, Sections 1.4, 6, 7 and 8 in the Terms of Service shall survive the termination of the Terms of Service.
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