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RMIS Instrument Search Agreement

  1. THIS REGISTER OF DEEDS RMIS INSTRUMENT SEARCH AGREEMENT (“Agreement”) is made and entered into this

  2. by and between Finney County, Kansas, a municipal government under the laws of the State of Kansas,

  3. by and through the County Register of Deeds (“County”), and

  4. with its principal offices located in

  5. WHEREAS, the County Register of Deeds has available by an Internet site whereby persons entering into this agreement can access Finney County Registerof Deeds Documents, with limited access to Tax and Appraiser records; and

  6. WHEREAS, the County and Member desire to enter into an agreement for access to the Register of Deeds Documents via the Internet site.

  7. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the County and Member agree as follows:

  8. I. SERVICES

  9. 1.1 The County agrees to provide on-line access to Finney County ROD Documents to Member pursuant to the terms and conditions stated in this Agreement (the “Service”). Member shall access the Service via the Domain Name provided (“Web Site”) through the use of a user ID and password. The County will provide maintenance and support for the Service. No other services are provided under this Agreement.

  10. 1.2 Member is responsible for establishing and providing its own connection to the Web Site.

  11. 1.3 Member acknowledges and agrees that the ROD Domain Web Site will remain the exclusive property of the County.

  12. II. FEES AND PAYMENT

  13. 2.1 Members shall select one of the following payment options. Service will commence upon receipt of payment.

  14. Payments shall be made to:

  15. Finney County Register of Deeds

  16. Box M * 311 N 9th Street

  17. Garden City, KS 67846

  18. ***Credit card by phone now available***

  19. Payments may be made over the phone via credit card during normal business hours. Call (620) 272-3520, Monday-Friday 8am- 5pm CDT (excluding some holidays)

  20. 2.2 The County expressly reserves the right to increase the fees set forth above. The County shall provide to Member thirty (30) days written notice of any such increase and Member shall have the option of terminating this Agreement within the thirty (30) day notice period if Member objects to the fee increase.

  21. III. MEMBER’S RESPONSIBILITIES AND CERTIFICATION

  22. 3.1 Member acknowledges and agrees that only those persons employed by Member will have access to the Service.

  23. 3.2 Member agrees that its use of the Service and of information obtained through the Service will be solely for purposes of doing business.

  24. 3.3 Member is solely responsible for its use of the Service. Member agrees that it will not use the Service for any illegal purpose, in infringement of copyright, trademark, intellectual property or proprietary rights or laws, or in any manner or for any purpose that interferes with or disrupts other users, services, or equipment.

  25. 3.4 The County shall provide to Member a user ID and password for accessing the Service. Member is solely responsible for managing its user ID and password. Member shall take all necessary and appropriate security measures to insure that Member’s user ID and password is not disclosed to other persons or entities. Member shall not share, loan, assign, transfer, or release its user ID and password to any other person or entity outside of Members business. If the Member’s business is a branch office each branch will be deemed a separate entity requiring a separate agreement, fee and user ID and password. If at anytime the County or Member feel their user ID or password has been compromised a new user ID or password or both shall be assigned. The County may assign a new user ID or password at any time.

  26. 3.5 Member agrees that it will not use the data and information obtained through the Service for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed in such data, nor will Member sell, give or otherwise make available to any person any list of names or addresses contained in or derived from such data for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed. Member has read K.S.A. 45-220 and K.S.A. 21-3914 regarding the prohibition against using data for direct or indirect solicitation and agrees to comply with all applicable laws regarding use of the data and information obtained through the Service.

  27. 3.6 Member assumes all responsibility to meet the minimum software requirements to user this Service. The County will provide the minimum requirements to the Member prior to signing the Agreement. Should minimum software change, the County will notify the Member in a timely manner.

  28. IV. DISCLAIMER OF WARRANTIES

  29. 4.1 Member acknowledges and agrees that the County does not operate or control the Internet or the World Wide Web.

  30. 4.2 The County expressly disclaims any express or implied warranties, representations, or endorsements regarding any information, products, or services provided pursuant to this Agreement or through the Web Site. Member acknowledges and agrees that the Web Site is for informational purposes only. The information, products, or services provided pursuant to this Agreement or through the Web Site are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the County’s employees, agents, or contractors shall create a warranty. Under no circumstances shall the County be liable for any direct, indirect, incidental, special, punitive, or consequential damages or losses that result from Member’s use of or inability to access any part of the Web Site or Member’s reliance on or use of information, products, or services provided on or through the Web Site or that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, delays in operation or transmission, computer viruses, or any failure of performance.

  31. V. TERMINATION

  32. 5.1 This Agreement shall continue annually until terminated by either party as provided herein. Either party may terminate this Agreement with or without cause by giving thirty (30) days written notice to the other party. Upon submission of such notice, this Agreement shall terminate at the conclusion of the thirty-day notice period.

  33. VI. MISCELLANEOUS

  34. 6.1 The waiver of any breach of any provision of this Agreement shall not constitute a waiver of any subsequent breach of the same or other provisions herein.

  35. 6.2 This Agreement contains the entire understanding between the parties and supersedes all prior agreements or understandings between the parties with respect to the subject matter hereof.

  36. 6.3 Any modification or waiver of any provision in this Agreement shall not be effective unless made in writing.

  37. 6.4 This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.

  38. 6.5 Member shall not assign, transfer, convey, sublet, resell or otherwise dispose of this Agreement or any of the rights and obligations hereunder without the prior written consent of the County.

  39. Member

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