TERMS OF USE AGREEMENT

This Public Notice Database (www.publicnoticepa.com), which serves as repository for public notices in Pennsylvania, is hereby established by the Pennsylvania NewsMedia Association as the statewide website established and maintained in conjunction with Pennsylvania’s newspapers.

The capability of placing notices to the Public Notice Database on this site is one component of the general membership requirements for the Pennsylvania NewsMedia Association.

DISCLAIMERS AND TERMS OF USE

These Disclaimers and Terms of Use ("Terms") explain the contractual agreement between you and the Pennsylvania NewsMedia Association (“PNA”) regarding your use of the Public Notice Database www.publicnoticepa.com. PNA provides the Public Notice Database in an effort make public notices easily accessible in the Commonwealth of Pennsylvania. PNA provides access to the Public Notice Database free of charge to members of the public and at no additional cost to government. PNA reserves the right to charge a fee for enhanced search capabilities of the Public Notice Database by way of the "smart search" option.

1. ACCEPTING & UPDATING THESE TERMS
By using the Public Notice Database you agree to these Terms. PNA may update these Terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Public Notice Database, please contact PNA at admin@publicnoticepa.com.

2. THIRD PARTY CONTENT
The Public Notice Database consists of public notices submitted by newspapers in Pennsylvania. Because content is submitted by third parties directly, PNA exercises no control over that content or its accuracy, nor does PNA assume any responsibility for the timely publication of these notices. You agree that PNA shall not be responsible or liable for any loss caused or alleged in connection with use of the Public Notice Database.

Pennsylvania newspapers upload notices to this website. PNA reserves a right to charge these newspapers a fee to upload these notices. Any newspaper uploading notices agrees to pay any applicable upload fees as established and modified by the PNA Board from time to time.

3. DISQUALIFICATION AND TERMINATION
You agree that PNA, in its sole discretion, may disqualify any user from using the Public Notice Database if PNA believes that you have violated or acted inconsistently with the letter or spirit of the Terms or Pennsylvania’s Public Notice laws. PNA shall not be liable to you or any third party for termination of your access to the Public Notice Database. In addition, PNA may terminate a user’s smart search subscription, if that user fails to pay for this enhanced search feature.

The PNA has required that each member newspaper, as a condition of uploading notices to this site, certify that the newspaper meets the requirements of Pennsylvania’s Newspaper Advertising Act. The PNA takes no responsibility for that certification, and each person or public body placing a notice for publication with a newspaper is responsible for selecting a newspaper that meets the specific requirement for each notice. The requirements of each statute that requires the publication of the notice should be reviewed to determine which newspaper or newspapers are eligible to publish the notice. The PNA assumes no responsibility for the selection of the appropriate newspaper for publication.

4. PRIVACY
Except for smart search subscribers, PNA does not collect names or addresses of Public Notice Database users. Unless required by law, PNA does not sell, rent, barter mailing lists of users or disclose users' names, addresses, or other personally identifying information.

5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PUBLIC NOTICE DATABASE IS AT YOUR SOLE RISK. THE PUBLIC NOTICE DATABASE IS PROVIDED "AS IS." PNA EXPRESSLY DISCLAIMS 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. NO ADVICE OR INFORMATION OBTAINED BY WAY OF THE PUBLIC NOTICE DATABASE SHALL CREATE ANY WARRANTY BINDING PNA.

6. INDEMNIFICATION
You agree to indemnify and hold PNA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorneys' fees, made by any third party arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the Public Notice Database.

7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PNA 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 PNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PUBLIC NOTICE DATABASE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PUBLIC NOTICE DATABASE; OR (d) ANY OTHER MATTER RELATING TO THE PUBLIC NOTICE DATABASE. UNDER NO CIRCUMSTANCES SHALL PNA BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE USE OF THE PUBLIC NOTICE DATABASE.

8. GOVERNING LAW & JURISDICTION
The Public Notice Database is compiled and made available to the public by PNA from its offices in Harrisburg, Pennsylvania, United States of America. If you choose to access this database from outside Pennsylvania you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Public Notice Database shall be governed by Pennsylvania law and adjudicated by the Dauphin County Court of Common Pleas or the United States District Court for the Middle District of Pennsylvania, and you consent to the personal jurisdiction of those courts.

9. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between PNA and you and govern your use of the Public Notice Database, superseding any prior agreements between you and PNA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. PNA's failure to act with respect to a breach by you or others does not waive PNA's right to act with respect to subsequent or similar breaches. By using the Public Notice Database, you represent that you can form legally binding contracts. These Terms and all writings incorporated by reference into the Terms set forth the entire agreement between us with respect to the Public Notice Database.


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