Last modified: 2021-10-15
1.
WELCOME
Welcome
to West Central Indexing’s website. West
Central Indexing supplies leading edge software and
technology to the land records industry. County Recorders and Title companies
throughout the United States trust WCI Software, expertise, knowledge
and service. The Services are owned and operated by West Central Indexing LLC (“WCI”, “we,” “us,” “our”). As used herein,
“you” and “your” refers
to the individual or entity that wishes to use the Service.
WCI
had contracted with third parties (“Customers”) to intake documents for electronic
recording. WCI will transmit documents to Customers. Each Customer retains the
ultimate authority to determine whether a document is recordable.
By using WCI’s websites, networks,
software, or other
services provided by WCI (individually a “Service” and
collectively, the “Services”), or
accessing any content provided by WCI through the Services, you agree to be
bound by the following terms of use, as updated from time to time (“Terms of Use”).
PLEASE READ THESE TERMS
CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WCI. BY ACCESSING OR USING A WCI SERVICE, YOU
CONFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE
TERMS, YOU MAY NOT ACCESS OR USE THE
SERVICE. EXCEPT AS PROVIDED HEREIN, THESE TERMS EXPRESSLY SUPERSEDE PRIOR
AGREEMENTS OR ARRANGEMENTS WITH YOU. WCI MAY TERMINATE THESE TERMS OR ANY
SERVICES WITH RESPECT TO YOU AT ANY TIME IF WCI, IN GOOD FAITH, BELIEVES YOU
ARE IN BREACH OF THESE TERMS OF USE.
TO
THE EXTENT OF ANY INCONSISTENCY WITH THE PRIVACY POLICY, THE PROVISIONS OF
THESE TERMS OF USE SHALL CONTROL.
Supplemental terms and policies
may apply to certain Services,
such terms and use and privacy policy of the website
through which you accessed the Service(s), and such supplemental terms and
policies will be disclosed to you in separate disclosures (e.g., a particular webpage on a third party
website) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed
a part of, these Terms of Use for the purposes
of the applicable Service(s). These Terms of Use shall prevail over
supplemental terms in the event of a conflict
with respect to the applicable Services.
You must be at least 18 years of age to use the Services. By agreeing to these Terms
of Use, you represent and
warrant that you are at least 18 years of age and you
are legally able to enter into a contract. When using the Services, you may be
required to provide us with some information about yourself, such as your email
address or other contact information. You agree that the information
you provide is accurate and that you will
keep it accurate and up-to-date at all times. Unless you have entered into an
agreement with WCI permitting you to use the Services for transactions on
behalf of another person, you may only use the Services on your own behalf, and
not on behalf of any other person.
As long as you comply with
these Terms of Use, WCI grants you a non-exclusive, limited, revocable,
personal, non-transferable license
to use the Services. Except as expressly
stated herein, these Terms of
Use do not provide you with a license to use, reproduce, distribute, display,
or provide access to any portion of the Services on third-party websites or
otherwise. The Services may include software for use in connection with the
Services.
By using the Services, you agree not
to:
·
reproduce,
modify, distribute, display, or otherwise provide access to, create derivative
works from, decompile, disassemble, or reverse engineer
any portion of the Services, except as explicitly permitted under these Terms of
Use;
·
remove or modify any copyright or other intellectual property notices that appear in the Services;
·
rent, lease, distribute, sell, resell, assign, or
otherwise transfer rights to the access and use of the Services;
·
use the Services in any way that is unlawful, or harms WCI, its service
providers, suppliers, Customers, or any other user;
·
impersonate another
person or misrepresent your affiliation with another person;
·
upload invalid
data, viruses, worms,
or other software
agents to the Services;
·
interfere with, or compromise the integrity or security of the Services,
or otherwise bypass any
measures WCI may use to prevent or restrict access to the Services;
·
attempt to,or permit
or encourage any third party to do any of the above.
7. Acceptance of Electronic Signatures and Records
You acknowledge
that the Services may permit you to transmit, in electronic format, documents,
records, and other materials (together, “Document(s)”) and the Documents shall
be considered as the “original” record of the transaction in substitution for,
and with the same intended effect as, hard copy versions of the Documents and, for
those Documents that bear a digital or electronic signature, such digital or
electronic signatures shall satisfy the signature requirement.
8. Accuracy and Completeness
You attest to the
accuracy and completeness of the Documents and acknowledge responsibility for
the content of the Documents submitted through the Services.
9. Electronic Recording Requirements
By using the
Services, you represent and warrant that the electronic image of each original Document
electronically recorded by or through the Services shall be the true, exact,
complete, and unaltered copy of the original Document. The recipient of any Document through the
Services, including WCI, shall be entitled to rely on such warranty for all purposes. You will not submit any Document for
electronic recording through the services that is not an original Document.
By using the
Services, you represent that you have the legal right to file for recording
each Document submitted for electronic recording. You agree to retain the original hard copy of
the Document during the time that the document is being recorded.
A.
Privacy Policy.
WCI will collect,
use, store, and disclose personal
information in accordance with its Privacy Policy.
Please consult the Privacy Policy for more information, which is incorporated
into, and made a part of, these Terms of Use.
Notwithstanding the Privacy Policy or any other agreement, if the
Customer is Hennepin County, Minnesota, the Minnesota Government Data Practices
Act (Minnesota Statutes, Chapter 13), shall govern all data created by using
the Services to record documents with the Hennepin County Recorder.
B. Other Terms. Your use of the Services is subject to
all additional guidelines, rules, and agreements applicable to the Services
or certain features of the
Services that we may post on,
or link to, from the Services, such as rules applicable to a particular product
or content available through the Services.
All such terms
are incorporated into,
and made part of, these Terms of Use.
C.
Third Party
Supplemental Terms of Use and Privacy Policies. Supplemental
terms and policies may apply to certain Services, such third-party terms of use
and privacy policy of the website through which you accessed
the Service(s), and such supplemental terms and policies
will be disclosed to you in separate disclosures (e.g., a particular webpage on a third party website)
or in connection with the applicable Service(s). Supplemental terms are
in addition to, and shall be deemed a part of, these Terms of Use for the
purposes of the applicable Service(s). These Terms of Use shall prevail over
supplemental terms in the event of a conflict with respect to the applicable
Services.
D. Notice of
Collection of Private Data. We request
information about you in order to provide Services. The
information you provide may be shared with the Customers for which you have
submitted your information and their vendors. Your decision to provide us with any
private data is voluntary, but if you decide not to provide the information,
you may not be able to access the Services.
The classification of and public access to documents accepted for
recording documents in Minnesota is governed by Minnesota Statutes, Chapters 13
and 386.
You agree to indemnify, defend, and hold harmless
WCI and its Customers, their affiliates, and their respective directors,
officers, employees, and agents from any and all claims
and demands made by any third party due to or
arising out of: (a) your access to or use of the Services; (b) your breach of
these Terms of Use; (c) your violation of any law or rights of a third party; (d) any dispute
or issue between
you and any third party; (e) any
materials you upload
to, or otherwise make available
through the Services;
(f) your willful
misconduct; and (g) any other party’s access to and/or use of the Services using your access.
WCI reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with WCI’s defense
of that claim.
THE SERVICES ARE PROVIDED “AS IS,” “WITH
ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, WCI, ITS CUSTOMERS, AND ITS SUPPLIERS MAKE NO
REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WCI, ITS
CUSTOMERS, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR
CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A)
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO
LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES
OR CONDITIONS ARISING
THROUGH COURSE OF FAIR DEALING
OR USAGE OF TRADE;
AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE
SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY
WARRANTY REGARDING WCI OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE
TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE
OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE
THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DONWLOAD, OR OTHER OBTAINMENT
OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT
YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH
THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR
THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICITIONS MAY PROHIBIT A
DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
IN NO EVENT WILL WCI, ITS CUSTOMERS, OR
ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS,
GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING
FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS,
THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF
CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF
ACTION, EVEN IF WCI OR ITS CUSTOMERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WCI AND ITS
CUSTOMERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES,
OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN;
(H) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR
FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY
BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (J) ANY
ERRORS IN TRANSMISSION OF ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED
AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. THE AGGREGATE
LIABLITY OF WCI AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF
OR RELATING TO THE USE OR INABILITY TO USE ANY PORTION OF THE SERVICES OR
OTHERWISE UNDER THESE TERMS OF USE,
WHETHER IN CONTRACT, TORT,
OR OTHERWISE, IS LIMITED TO THE GREATER OF: (K) THE AMOUNT YOU HAVE PAID
TO WCI FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES
GIVING RISE TO THE CLAIMS; AND (L) $100. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF
USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR
EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE
PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION
WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
OTHER LIMITATIONS OF LIABILITY MAY APPLY
TO CLAIMS AGAINST MUNICIPAL CUSTOMERS PURSUANT TO STATE LAW.
14. PAYMENTS
You shall be responsible for payment of
any fees associated with the use of the Services, including payment of the
recording and related fees required by any Customer.
15. RECORDABLE
DOCUMENT
You agree that any document submitted for
recording through the Services will meet the standards for recording set forth
in any law applicable to your county and/or state. You acknowledge that each
Customer is responsible for determining whether a document submitted through
the Services meets the recording requirements of any applicable law. For
example, if you are recording a Document in Hennepin County, you agree that any
document submitted for recording through the Services will meet the standards
for recording set forth in Minnesota. You acknowledge that Hennepin County is
responsible for determining whether a Document submitted through the Services
meets the recording requirements of Minnesota law.
These Terms of Use are governed by the
laws of the State of Minnesota, without giving effect to its conflict of laws
provision. You agree to submit to the personal and exclusive jurisdiction and
venue in the state and federal courts sitting in Hennepin County, Minnesota,
for any and all disputes, claims, and actions arising
from or in connection with the Services and/or these Terms of Use. WCI operates
the Services from its offices in Minnesota, and we make no representation that the Services
are appropriate or available for use in other locations.
The Services
are offered by West Central Indexing, LLC located at 405 22nd
Avenue West, Alexandria, Minnesota 56308, USA. You may contact
WCI by sending correspondence to that address
or emailing notices@westcentralindexing.com.