Bighornimaging.com

TERMS OF USE AGREEMENT

Effective Date: October 1, 2015

The bighornimaging.com website and its associated services and content (collectively “Website”) is owned and operated by Big Horn Imaging Services, LLC (“BHIS”).  BHIS has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.  

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

BHIS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT BHIS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

1.  About the Website

BHIS provides a variety of land support services to individuals and companies interested in acquiring and/or maintaining surface and mineral related assets in the Powder River Basin. Specifically, the Website provides services related to online title plant access (including land records in the counties of Campbell, Johnson, and Sheridan in Wyoming); document retrieval, delivery, and hosting of various information (including index photos, land document scans, and digital abstracts); and land-related ownership assessments and reports.  Through the Website, you may obtain full access to numerous land documents from the Campbell, Johnson, and Sheridan counties through the BHIS title plant database (“Database”) and purchase BHIS’ services mentioned above.

It is not the intention of BHIS to provide any professional advice, opinions, or recommendations regarding the ownership of the land or its mineral rights.  Rather, the Website and related content on the Website is for informational and research purposes only.  The information should not be considered complete or up to date and you are accepting to use the Website and related content AS IS, WHERE IS and WITH ALL FAULTS.

BHIS is not a governmental entity and is not affiliated with any governmental entity.  Further, BHIS does not recommend or endorse any advice, procedures, opinions, or information on the Website.  Your reliance upon any information provided by BHIS, others appearing on this Website at invitation by BHIS, or other visitors or users of this Website is solely at your own risk.  Even though BHIS provides technology support for users of its Website and Database, you understand that BHIS is not obligated to provide any maintenance, technical or other support for the Website.  Also, you are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

2.  Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. 

You warrant and represent that any and all information that you provide to BHISand the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and BHISmakes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

3.  Ownership of Website and License 

You acknowledge and agree that BHISis the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of BHIS. 

BHIS hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website and Database for its customary and intended purposes.  Violation of the terms of this Agreement or use of the Website or Database for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or Database or any portion of it will result in the termination of this license.  You are only permitted to view and print content obtained from the Website or Database for personal use only.  Personal use means non-commercial use of the content, where the content may not be used in a way in which money is charged, fees are collected, or any form of remuneration is received. Absent prior written permission from BHIS, you are not permitted to reproduce, republish, transmit, prepare derivative works, distribute copies, or use for commercial purposes any content on the Website or Database.  This license is revocable at any time, and any rights not expressly granted herein are reserved to BHIS.  

4.  Intellectual Property

All trademarks (common law or registered), copyrights (common law or registered), service marks, and patents displayed on this Website are the property of their respective owners.  Specially, all BHIS marks are the property of BHIS, including, but not limited to BIG HORN IMAGING SERVICES and all BHIS logos.  In addition, the creative selection, coordination, and arrangement of information and materials forming the Database are property of BHIS.  The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of BHIS. You are prohibited from using BHIS’ trademarks, copyrights, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of BHIS. 

5.  Account Registration and Payment

To use BHIS’ title plant service and Database, you must register an account and pay the required licensing fee.  To register an account, you must complete the required information, which may include BHIS’ credit application.  Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you.  User account information will be used consistent with the Privacy Policy.  BHIS does not endorse you or discriminate based upon any information provided by you or made available by you.

In order to receive a license to access BHIS’ title plant service and Database, you must pay a monthly membership fee.  Unless renewed, each license will expire after thirty (30) days.  BHIS will send you renewal reminders prior to the expiration of your monthly membership.  Each license is limited to only one (1) user during the duration of its term.  BHIS may, at its sole discretion, suspend your access to the Website and Database if multiple logins are detected from different users on one license.

On an hourly and/or per page basis, BHIS provides additional services, including, but not limited to document retrieval, delivery, and hosting of various information (including index photos, land document scans, and digital abstracts) and land-related ownership assessments and reports, on an hourly basis.  In order to receive these services, you must complete the required information, which may include BHIS’ credit application, along with separate agreements/contracts. 

All payment must be completed in full prior to BHIS performing any services or providing you with access to the Website and/or Database.  Any and all fees paid are nonrefundable and nontransferable.  

Payment may be processed by BHIS or through a third-party payment processor.  It is your sole responsibility to review and comply with all Terms and Policies of any third-party payment processor.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website.  BHIS reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.

You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity.  You understand and agree that BHIS will not be held liable for any user’s failure to complete a transaction entered into through the Website.

BHIS may change any terms and conditions regarding your use of the Website at any time.  Your use of the Website shall constitute acceptance of any changes made to this Agreement.

If you cancel your Account, BHIS is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data.  BHIS is under no obligation to provide you with the data associated with your account after cancelation of your account, except as otherwise provided in the Privacy Policy.  BHIS recommends that you maintain your own backup of account data.

You agree to keep your account secure from unauthorized access.  You will log in using your account password.  You should not reveal your password to others.  You agree that you alone are responsible for your account. You accept full responsibility for any and all use of your account, whether authorized or unauthorized.  In the case of unauthorized access to your account, you agree to contact BHIS immediately.  You agree to hold harmless and indemnify BHIS for any damages that arise out of or in relationship to the use of your account.

By creating an account, you agree that BHIS, and its designees and agents, may contact you by any available means, including, but not limited to, by email.

6.  Section 230 of Communications Decency Act

You acknowledge and agree that BHIS is an interactive computer service provider under Section 230 of the Communications Decency Act. Though BHIS may edit, remove, or control the content displayed through the Website, you agree that BHIS will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

7.  Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that BHIS does not own or control. You agree that BHIS will not be held responsible or liable for the content of third party websites, applications, or services and that BHIS’s inclusion of those websites, applications, or services within its Website does not constitute BHIS’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services. 

8.  No Endorsement

BHIS does not endorse or recommend any opinion, recommendation, advice, commercial product, process, or service.  The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of BHIS and are not intended to be used for advertising or product endorsement purposes.

9.  User Conduct

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are expressly prohibited from: 

a.     using a robot, spider, scraper, or other automated technology to access the Website; 

b.     imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; 

c.     circumventing BHIS’ technological and physical security measures;

d.     impersonating another; 

e.     posting or transmitting content that threatens or encourages bodily harm or destruction of property; 

f.      posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; 

g.     posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene; 

h.     posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and 

i.      posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.

You expressly agree that any personal information which may be found on any image or document made available by BHIS or through the Website is considered to be confidential.  "Personal information" means one or more of the following specific unique identifiers when combined with an individual's name:

(1)  Social security number.
(2)  Checking, savings, or share account number, credit, debit, or charge card number.

Because it is possible that some personal information may be unintentionally visible, you have the responsibility to help protect the privacy of persons whose records may be displayed.  In the event that you discover any personal information posted on the Website or Database, you have the responsibility to immediately notify BHIS. Additionally, you are expressly prohibited from distributing, sharing, or publicizing any personal information which may be found.

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to BHIS by sending an email to support@bighornimaging.com.

10.  Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation.  BHIS may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

11.  Disclaimer of Warranties

BHIS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE. BHIS PROVIDES THE WEBSITE, THE DATABASE, AND THE SERVICES AND PRODUCTS THROUGH THE WEBSITE AND THE DATABASE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

BHIS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE, OPINIONS, OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE.  BHIS IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. BHIS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

BHIS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME. THE USE OF SERVICES OF THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITES.

FURTHER, YOUR UNDERSTAND AND AGREE THAT THE DATABASE PROVIDING LAND RECORDS IN CAMPBELL COUNTY, JOHNSON COUNTY AND SHERIDAN COUNTY, WYOMING IS NOT 100% COMPLETE OR ACCURATE AS IT IS CONTINUOUSLY BEING UPDATED AND REVISED BY BHIS.  

12.  Limitation of Liability

BHIS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT BHIS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO BHIS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. BHIS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE. 

FURTHER, BHIS HAS REPLICATED OFFICIAL INDICES FROM THE CAMPBELL, JOHNSON, AND SHERIDAN COUNTIES AND IS NOT RESPONSIBLE FOR THE TRANSMISSION OF ANY PERSONAL INFORMATION THAT MAY BE FOUND ON THESE DOCUMENTS EITHER THROUGH ITS DATABASE OR WEBSITE. EVEN THOUGH BHIS TAKES REASONABLE MEASURES TO REDACT PERSONAL INFORMATION FROM DOCUMENTS AND IMAGES BEFORE THEY ARE POSTED FOR PUBLIC ASSESS, NO REDACTION SYSTEM HAS BEEN SHOWN TO BE COMPLETELY ACCURATE OR COMPLETE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

13.  Indemnification

You agree to hold harmless, indemnify, and defend BHIS, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend BHIS under the terms of this Agreement will not provide you with the right to control BHIS’s defense, and BHIS reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify BHIS.

14.  Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. BHIS may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

15.  Resolution of Disputes and Governing Law

This Agreement will be interpreted under and governed by the laws of the State of Wyoming without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against BHIS or the Website will be exclusively resolved through arbitration.

YOU AND BHIS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM BHIS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN WYOMING AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF WYOMING AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND BHIS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF WYOMING. YOU AND BHIS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

BHIS hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind BHIS. 

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and BHIS will not knowingly collect personally identifiable information from children under the age of eighteen (18). If BHIS inadvertently collects such personally identifiable information, BHIS will delete the personally identifiable information in accordance with its security protocols.

Limitation On Actions

BHIS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

Reservation of Rights

All rights not expressly granted herein are reserved to BHIS.

Notice

Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:

            Big Horn Imaging Services, LLC

            51 Coffeen Avenue, #101-175

            Sheridan, WY 82801

A copy of any such notice must be emailed to support@bighornimaging.com,but email notice alone shall not comply with the notice requirements of this Agreement.

This Agreement is enforced by the Internet lawyers of Marshall & Melhorn, LLC