Effective Date: 1/1/2020
The following Terms of Use Agreement (“Agreement”) governs your use of the vaultside.com website (“the Website”) and the Vaultside Vault web-based application (“Vault”) accessed through the Website (collectively “Services”), both of which are owned and operated by Vaultside, LLC (“Vaultside”). Vaultside has adopted this Agreement to inform you of your rights and duties when using the Services. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Services and must discontinue your use immediately. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. VAULTSIDE MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SERVICES OR THIS AGREEMENT. IN THE EVENT VAULTSIDE MODIFIES, LIMITS, CHANGES, OR REPLACES THE SERVICES OR THIS AGREEMENT, YOUR USE OF THE SERVICES AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. About the Services
Vaultside digitizes and hosts courthouse records, such as land records, of various counties through its Services. By using the Vault, you may immediately obtain full access to numerous records from multiple counties. The Vault allows you to readily search, view, print and download copies of the records.It is not the intention of Vaultside to provide any professional advice, opinions, or recommendations regarding the ownership of the land or its mineral rights. Rather, the Services are provided for informational and research purposes only. The information should not be considered complete or up to date and you are accepting to use the Services AS IS, WHERE IS and WITH ALL FAULTS. Vaultside is not a governmental entity and is not affiliated with any governmental entity. Further, Vaultside does not recommend or endorse any advice, procedures, opinions, or information on the Website. Your reliance upon any information provided by Vaultside, others appearing on this Website or the Vault at invitation by Vaultside, or other visitors or users of the Website or the Vault is solely at your own risk. Even though Vaultside provides technology support for users of its Website and Vault, you understand that Vaultside is not obligated to provide any maintenance, technical or other support for its Services. Also,you are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
2. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. You warrant and represent that any and all information that you provide to Vaultside ,the Website, and the Vault is accurate and valid. You agree to comply in good faith with the terms of this Agreement.You will not use the Services in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Services. The Services are operated in the United States and Vaultside makes no representation that its Services are appropriate, lawful, or available for use in other locations.
3. Ownership of Services and License
You acknowledge and agree that Vaultside is the owner of, or has rights in and to, the Services and their associated content, including but not limited to all intellectual property rights inherent therein. The Services are protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Services for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website or the Vault, whether in whole or in part, without the prior written consent of Vaultside. Vaultside hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website and the Vault for their customary and intended purposes. Violation of the terms of this Agreement or use of the Website or the Vault for a use outside of their customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or the Vault or any portion thereof will result in the termination of this license. You are only permitted to view, print and download content obtained from the Website or the Vault for personal use only. Absent prior written permission from Vaultside, you are not permitted to reproduce, republish, transmit, prepare derivative works, or use for commercial purposes any content on the Website or the Vault. This license is revocable at any time, and any rights not expressly granted herein are reserved to Vaultside.
4. Intellectual Property
Any and all trademarks (common law or registered), copyrights (common law or registered), service marks, and patents displayed on this Website are the property of their respective owners. Specially, all Vaultside marks are the property of Vaultside, including, but not limited to BIG HORN IMAGING SERVICES and all Vaultside logos. In addition, the creative selection, coordination, and arrangement of information and materials forming the Vault are property of Vaultside. The Website and the Vault, including their look and feel, color selections, layout, and arrangement, are the trade dress of Vaultside. You are prohibited from using Vaultside’s trademarks, copyrights, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Vaultside.
5. Account Registration and Payment
In order to access and use the features of the Vault, you must register an account by registering with Vaultside. When you register for your account, you must provide true, accurate, current, and complete information, and agree to update your account information in order to ensure that it is current. Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User account information will be used consistent with the Privacy Policy. Vaultside does not endorse you or discriminate based upon any information provided by you or made available by you.In order to view the land records on the Vault, you must pay a subscription fee for hourly, daily, weekly, monthly or yearly access to the Vault. Each subscription is limited to only one (1) user during the duration of its term. Vaultside may, at its sole discretion, suspend your access to the Website and the Vault if multiple logins are detected from different users on one subscription. Additional features in the Vault, such as printing or downloading PDF copies of land records, may require additional fees.All subscription payments must be completed in full prior to Vaultside providing you with access to the Vault. Any and all fees paid are nonrefundable and nontransferable. Payment may be processed by Vaultside or through a third-party payment processor. It is your sole responsibility to review and comply with all Terms and Policies of any third-party payment processor.You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Services. Vaultside reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Services to that applicable governmental entity. You understand and agree that Vaultside will not be held liable for any user’s failure to complete a transaction entered into through the Website or the Vault.If you cancel your Account, Vaultside is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. Vaultside is under no obligation to provide you with the data associated with your account after cancelation of your account, except as otherwise provided in the Privacy Policy. Vaultside recommends that you maintain your own backup of account data.You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact Vaultside immediately. You agree to hold harmless and indemnify Vaultside for any damages that arise out of or in relationship to the use of your account.By creating an account, you agree that Vaultside, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
6. Section 230 of Communications Decency Act
You acknowledge and agree that Vaultside is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Vaultside may edit, remove, or control the content displayed through the Website or the Vault, you agree that Vaultside will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website, the Vault, or otherwise.
7. Third Party Links
You understand that the Website and/or the Vault may contain links to third party websites, applications, or services that Vaultside does not own or control. You agree that Vaultside will not be held responsible or liable for the content of third party websites, applications, or services and that Vaultside’s inclusion of those websites, applications, or services within its Services does not constitute Vaultside’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
8. No Endorsement
Vaultside does not endorse or recommend any opinion, recommendation, advice, commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website or the Vault do not necessarily state or reflect those of Vaultside and are not intended to be used for advertising or product endorsement purposes.
9. User Conduct
You expressly agree that you will not use the Website or the Vault to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Services.Specifically, you are expressly prohibited from:
a. using a robot, spider, scraper, or other automated technology to access the Website or the Vault;
b. imposing a disproportionate load on the Website or the Vault or their server infrastructure or otherwise attempting to interfere with the operation of the Website or the Vault;
c. circumventing Vaultside’s technological and physical security measures;
d. impersonating another;
e. posting or transmitting content that threatens or encourages bodily harm or destruction of property;
f. posting or transmitting content that infringes upon the intellectual property rights of other users of the Services or third parties;
g. posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene;
h. posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and
i. posting or transmitting content intended to collect personal or personally identifiable information from users or third parties. You expressly agree that any personal information which may be found on any image or document made available by Vaultside or through the Services is considered to be confidential. "Personal information" means one or more of the following specific unique identifiers when combined with an individual's name:
(1) Social security number and birth dates.
(2) Checking, savings, or share account number, credit, debit, or charge card number.Because it is possible that some personal information may be unintentionally visible, you have the responsibility to help protect the privacy of persons whose records may be displayed.
In the event that you discover any personal information posted on the Website or the Vault, you have the responsibility to immediately notify Vaultside. Additionally, you are expressly prohibited from distributing, sharing, or publicizing any personal information which may be found.If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Vaultside by sending an email to support@vaultside.com.
10. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Vaultside may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
11. Disclaimer of Warranties
VAULTSIDE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. VAULTSIDE PROVIDES THE SERVICES ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY. VAULTSIDE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE OR THE VAULT, INCLUDING BUT NOT LIMITED TO ANY ADVICE, OPINIONS, OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE OR THE VAULT, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE OR THE VAULT. VAULTSIDE IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. VAULTSIDE RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AND THE VAULT AT ANY TIME. VAULTSIDE WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE OR THE VAULT AT ANY TIME. THE USE OF SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.FURTHER, YOU UNDERSTAND AND AGREE THAT THE VAULT IS NOT 100% COMPLETE OR ACCURATE AS IT IS CONTINUOUSLY BEING UPDATED, REVISED AND MODIFIED BY VAULTSIDE.
12. Limitation of Liability
VAULTSIDE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT VAULTSIDE CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO VAULTSIDE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. VAULTSIDE IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE. FURTHER, VAULTSIDE IS NOT RESPONSIBLE FOR THE TRANSMISSION OF ANY PERSONAL INFORMATION THAT MAY BE FOUND ON DOCUMENTS HOSTED IN THE VAULT. EVEN THOUGH VAULTSIDE TAKES REASONABLE MEASURES TO REDACT PERSONAL INFORMATION FROM DOCUMENTS AND IMAGES BEFORE THEY ARE POSTED FOR PUBLIC ASSESS, NO REDACTION SYSTEM HAS BEEN SHOWN TO BE COMPLETELY ACCURATE OR COMPLETE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
13. Indemnification
You agree to hold harmless, indemnify, and defend Vaultside, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Services, your reliance upon advice provided through the Services, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.Your obligation to defend Vaultside under the terms of this Agreement will not provide you with the right to control Vaultside’s defense, and Vaultside reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Vaultside.
14. Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Vaultside may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website or the Vault.
15. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Wyoming without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Vaultside or the Website will be exclusively resolved through arbitration.YOU AND VAULTSIDE AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN WYOMING AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF WYOMING AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND VAULTSIDE AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF WYOMING. YOU AND VAULTSIDE AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Severability If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
Integration Vaultside hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Vaultside.
No Waiver You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act The Website is not directed to persons under the age of eighteen (18) and Vaultside will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Vaultside inadvertently collects such personally identifiable information, Vaultside will delete the personally identifiable information in accordance with its security protocols.
Limitation On Actions VAULTSIDE AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights All rights not expressly granted herein are reserved to Vaultside.
Notice Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Vaultside, LLC
51 Coffeen Avenue, #101-175
Sheridan, WY 82801
A copy of any such notice must be emailed to support@vaultside.com, but email notice alone shall not comply with the notice requirements of this Agreement.
