USE AND DISSEMINATION AGREEMENT BETWEEN USERS OF THE SUFFOLK COUNTY CLERK’S LAND RECORDS DATABASE SYSTEM AND THE SUFFOLK COUNTY CLERK’S OFFICE 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.

VII. SEVERABILITY

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.

X. PRIVACY POLICY

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 purpose.