Terms of Use Agreement

This site (www.masspublicnotices.org), which serves as repository for public notices in Massachusetts, is a statewide website established and maintained by the Massachusetts Newspaper Publishers Association (MNPA). This site allows Massachusetts newspapers to publish online those public notices that also appear in their print newspaper editions. MNPA provides the masspublicnotices.org website as a public service to make public notices easily accessible on the Internet.

These Terms of use ("terms") explain the contractual agreement between you and MNPA regarding your use of the site www.masspublicnotices.org and the public records within the Public Notice Database. MNPA provides the site in an effort make public notices easily accessible in the Commonwealth of Massachusetts. MNPA provides access to the site free of charge to members of the public, at no additional cost to government.

1. ACCEPTING & UPDATING THESE TERMS
By using the site, you agree to these terms. MNPA 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 site, please contact MNPA at mnpa@publicnoticehelp.com. Subject to your compliance with the terms, MNPA grants you a non-exclusive, non-transferable, terminable, limited right to access and use this site for your personal, non-commercial use only.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any content on the site for commercial purposes; (b) not to alter the site content in any manner or use such site content in a manner not authorized by the terms; (c) not to interrupt or attempt to interrupt the operation of this site in any way; and (d) except with MNPA’s written consent, not to frame, link, associate with advertisements or commercially exploit this site or site content.

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

Massachusetts newspapers, both members and non-members, are required by law to upload notices to this site. MNPA does not charge newspapers a fee to upload these notices but reserves the right to charge a fee for participation in this site. As a condition of uploading notices to this site, each participating newspaper certifies that it meets the statutory requirements of Massachusetts law to be a qualified publisher of those notices. MNPA takes no responsibility for that certification.

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 which requires the publication of the notice should be reviewed to determine which newspaper or newspapers are eligible to publish the notice. MNPA assumes no responsibility for the selection of the appropriate newspaper for publication.

3. USE OF THE SITE AND CONTENT ON SITE
MassPublicNotices.org grants you permission (which may be revoked at any time for any reason or no reason) to view this site and to download or print individual pages of this site solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such content. No other use is permitted. You may not, for example, incorporate the content in any database, compilation, archive or cache. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, trade, license, create derivative works from, transfer, sell, or otherwise exploit for any commercial purposes any information, software, products or services obtained from this site. You may not engage in any screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use of any other automated means to collect information from the site. You may not use any software, tool, or other device (such as browsers, spiders, or avatars) to search the site, other than the search functionality offered through the site or other generally available web browsers. Any rights not expressly granted herein are reserved.

4. DISQUALIFICATION AND TERMINATION
You agree that MNPA, in its sole discretion, may disqualify you from using the site if MNPA believes that you have violated or acted inconsistently with the terms of Use. MNPA shall not be liable to you or any third party for termination of your access to the site.
MNPA may terminate a user’s smart search subscription, if there is a subscription fee and that user fails to pay for this enhanced search feature. We reserve the right to block IP addresses that exhibit bot-like activity including the opening of multiple legal notices in a manner inconsistent with average human data consumption.

5. PRIVACY
Except for smart search subscribers, MNPA does not collect names or addresses of site users. Unless required by law, MNPA does not sell, rent, barter mailing lists of users or disclose users' names, addresses, or other personally identifying information except that it may, at its discretion, make this information available to partners that have a specific, contractual relationship to act as a sales agent for this site.

6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS IS." MNPA 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 SITE SHALL CREATE ANY WARRANTY BINDING MNPA.

7. INDEMNIFICATION
You agree to indemnify and hold MNPA, 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 site.

8. ATTORNEYS’ FEES
You agree that if the MNPA brings a lawsuit against you for breach of these Terms and if MNPA wholly or partly prevails in such lawsuit, you shall pay MNPA its reasonable attorneys’ fees and costs incurred in connection with such lawsuit.

9. LIQUIDATED DAMAGES
You agree that if you violate the Terms, or you encourage or induce or otherwise aid and abet others to do so, you will be jointly and severally liable to MNPA for liquidated damages as follows: (a) for incorporating the site content in any database, compilation, archive or cache--$100 per public notice affected or $10,000 per incident, whichever is greater; (b) modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, reusing, reselling, trading, licensing, creating derivative works from, transferring, selling, or otherwise exploiting for any commercial purposes any information, software, products or services obtained from this site--$100 per public notice affected or $10,000 per incident, whichever is greater; and/or (c) engaging in any screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use of any other automated means to collect information from the site or using any software, tool, or other device (such as browsers, spiders, or avatars) to search the site, other than the search functionality offered through the site or other generally available web browsers--$100 per public notice affected or $10,000 per incident, whichever is greater. You will be liable for these damages or, if it can be calculated, the actual costs and actual damages for breach of these Terms, whichever is greater You agree these amounts are: (i) not a penalty, (ii) because actual damages can be difficult to calculate, a reasonable estimate of MNPA’s damages, and (iii) do not otherwise limit MNPA’s ability to recover under any legal theory or claim. You also agree that copying the public notices will irreparably harm MNPA and entitle MNPA to injunctive or equitable relief, in addition to monetary damages.

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

11. GOVERNING LAW & JURISDICTION
The site is compiled and made available to the public by MNPA from its offices in Massachusetts. If you choose to access this database from outside Massachusetts, you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the site shall be governed by Massachusetts law and adjudicated by the Massachusetts Superior Court or the United States District Court for the District of Massachusetts, and you consent to the personal jurisdiction of those courts.

12. OTHER GENERAL PROVISIONS
These terms constitute the entire agreement between MNPA and you and govern your use of the site, superseding any prior agreements between you and MNPA. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. MNPA’s failure to act with respect to a breach by you or others does not waive MNPA’s right to act with respect to subsequent or similar breaches. By using the site, 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.