Virginia Land Record Cover Sheet©
Terms  and Conditions of Use
(End User License Agreement)
Revised:  July 2020
 

 

By accessing and using the Virginia Land Record Cover Sheet ("VLRCS"), you are agreeing to comply with the following VLRCS Terms and Conditions of Use ("Terms").  These Terms are effective immediately upon acceptance by selecting the checkbox, "I have read, and I agree to the Terms and Conditions of Use".  As used in these Terms, the words "you", "your" or "user" all refer to the person using the application.

 

This is a legal agreement between the Office of the Executive Secretary of the Supreme Court of Virginia ("OES" or "Owner") and you, and no other third party or its subsidiaries are a party to this agreement.  The Terms govern your access to and use of VLRCS.

 

1.  Services Provided by OES

1.1.  Use of VLRCS

Use of VLRCS is free.  Subject to the Terms, OES will provide the following:  An on-line service that allows you to prepare Land Record Cover Sheets over the World Wide Web ("Internet").  You may not use VLRCS until you have read and accepted the Terms by checking the "I have read, and I agree to the Terms and Conditions of Use" checkbox.  In order to use VLRCS, you are responsible at your own expense to access the Internet, 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 Internet, including a computer and modem or other access devices.

 

Using VLRCS does not give you ownership of any intellectual property rights in the content you access.  These Terms do not grant you the right to use any branding or logos used in VLRCS.  Do not remove, obscure, or alter any legal notices displayed in or along with VLRCS.  This content is the sole responsibility of the entity that makes it available.

 

1.2.  Business Uses of Our Services

If you are using VLRCS on behalf of a business, that business accepts these terms.  It will hold harmless and indemnify OES from any claim, suit, or action arising from or related to the use of VLRCS or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

 

2.  General Practices Regarding Use

2.1.  General Terms

You acknowledge that OES may establish from time to time general practices and limits concerning use of VLRCS, as well as limiting the amount of bandwidth you may use with VLRCS in a given time period.  For purposes of this section, bandwidth is defined as the total amount of data downloaded from the OES server in a given time period.  You agree that OES has no responsibility or liability for the deletion or failure when saving any data (referred to as "Content") maintained by you.  You acknowledge that OES reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

2.1.1.  Compliance with Court Rules and the Code of Virginia

It is your responsibility to ensure compliance with all applicable statutes, rules, and policies, including but not limited to the Rules of the Supreme Court of Virginia, as well as any rules that may apply to any specific circuit court.

 

2.2.  Links

Other VLRCS users or third parties may provide a link to access VLRCS.  OES has no control over such external sites.  You acknowledge and agree that OES is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites.  You further acknowledge and agree that OES 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 content, goods, or services available on or through any such site.

 

3.  Modification of Terms

OES may unilaterally modify the Terms.  OES reserves the right to change the content or formatting of VLRCS at any time without prior notice, and to require the immediate termination of any specific use of VLRCS.  OES will post any changes to the Terms on the VLRCS website.

3.1.  Copyright Protection

You acknowledge that VLRCS is protected by one or more copyrights pursuant to U.S. copyright laws and by other intellectual property laws.  You agree to comply with all copyright notices, trademark notices, ownership information, or restrictions contained in VLRCS.

 

You further acknowledge that all rights, titles, and interests in VLRCS shall remain with OES and agree that you will not violate such proprietary rights.  Any violation will result in possible legal action or other legal remedies.

 

4 .  Software and Hardware Requirements

Please be aware that, for optimal user experience with VLRCS, your equipment should meet or exceed the following software and hardware requirements:

 

  1. A computer operating Windows 7 or higher;
  2. Internet browser software:  Google Chrome®, Microsoft Edge®, Microsoft Internet Explorer®, or Mozilla Firefox®;

    Note:  Compatibility View for Internet Explorer should not be turned on;

  3. Adobe Reader® or equivalent software to view Portable Document Format (PDF) documents (PDF reader software is free and downloadable from various websites); and
  4. The correct computer security settings that allow for acceptance of VLRCS cookies.

 

4.1.  Software and Hardware Maintenance

You are responsible for ensuring that your equipment is suitable for connecting to the internet and that it has the minimum system and software requirements to use and operate VLRCS. 

 

In addition, you are responsible for access and connectivity to the Internet, your relationship with your Internet Service Provider (ISP) and any telephone or other connection and all service fees associated with such access.

 

5.  Representation and Warranties

If you access or use VLRCS on behalf of another person or legal entity, you represent and warrant that you have the authority to use VLRCS subject to the Terms.  If you do not accept the Terms in their entirety, then you may not access or use VLRCS, and any use of VLRCS by you will be considered a violation of OES’s intellectual property rights and may additionally subject you to civil or criminal penalties.

 

By accessing and using VLRCS, you are accepting and agreeing to the Terms then in effect.  It is your responsibility to check for updates to the Terms.  OES shall not be liable to you or to any third party for taking any of these actions and will not be limited to the remedies below if you violate the Terms.

 

5.1.  No Warranty by OES

OES makes no warranties regarding the availability of VLRCS or the accuracy, reliability, or content of the information provided.  OES disclaims any responsibility or liability for errors, omissions, and the accuracy of any information.  VLRCS users have the responsibility to verify the accuracy, timeliness, and completeness of the information.

 

Due to the complex nature of the Internet, OES does not warrant that access to VLRCS or the operation or performance of the system will be uninterrupted or error-free.  VLRCS IS SUBJECT TO LIMITATIONS, DELAYS, AND PROBLEMS INHERENT WITH THE INTERNET.  OES shall use reasonable efforts to correct or cure any reproducible and documented material defects.

 

You expressly understand and agree that, to the maximum extent permitted by applicable law, the site, services, and materials are provided by OES on an "as is" basis without warranty of any kind, including express, implied, statutory, or fitness for a particular purpose.  By accessing and using the system, you accept all risks of loss or damage resulting from your access and use of the system.

 

No advice OR information, whether oral or written, obtained by you, by OES, or through or from use of VLRCS, shall create any warranty not expressly stated in the Terms.

 

5.2.  Limitation of Liability

You acknowledge that in no event shall OES, its agents, directors, employees, partners, or suppliers be liable to you or any third party for any direct, special, incidental, indirect, consequential, or punitive damages, including those resulting from loss of use, data or profits, whether or not foreseeable, or if OES has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to VLRCS.

 

5.3.  License for Use

OES has developed VLRCS for the filing of Land Record Cover Sheets in the circuit courts of the Commonwealth of Virginia.  Users will have a non-exclusive, nontransferable right to access and use VLRCS subject to the Terms.

 

6.  User’s Responsibility

6.1.  User Conduct

You agree NOT to use, or to encourage or permit others to use the VLRCS to do any of the following:

 

 

The VLRCS shall not be used in a manner contrary to or in violation of any applicable federal, state, or local law, rule, or regulation.

 

If any of these terms are violated, then OES has the right to terminate your use of VLRCS, and you may be subjected to criminal or civil penalties.

 

No portion of the VLRCS source code, layout, or structure may be reproduced, transmitted, or shared in any way without express written permission from OES.

 

6.2.  System Availability

VLRCS is expected to be available for use anytime.  However, there may be downtime on occasion to allow for scheduled system maintenance, etc.  Every effort will be made to provide advance notice of planned system downtime.

 

Unexpected issues may also occur and the system may be unavailable without notice.  Every effort will be made to minimize any unplanned downtime.

 

 

Supreme Court of Virginia Office of the Executive Secretary
Copyright 2020.  All rights reserved