Terms and Conditions
The Subscriber and The Office of Secretary of State (SOS) agree to contract for certain aspects of the Uniform Commercial Code (UCC)
database which are Option 1: Search or Option 2: Search, File, and Tickler provided by the SOS as per the Terms and Conditions stated
below.
1. This agreement sets forth the terms and conditions under which SOS will provide services to the subscriber.
2. Term: SOS reserves the right to withdraw any service without consulting Subscriber prior to withdrawing such service
and shall have no liability whatsoever to Subscriber in connection with deletion of any service. Subscriber may terminate
this agreement at any time by written notice to the SOS.
3. Subscriber acknowledges that he/she has read the Agreement and agrees that it is the complete and exclusive statement
between the parties, superseding all other communications, oral or written. This agreement and other notices provided
to the Subscriber by SOS constitute the entire agreement between the parties. This agreement may be modified only by
written amendment signed by the parties except as otherwise provided in this paragraph. In the event subscriber issues a
purchase order or other instrument covering the services herein specified, it is understood and agreed that it is for
Subscriber’s internal purposes only and shall in no way modify, add to, or delete the terms and conditions in this
Agreement.
4. Condition of Use
A. Hours and Service: Service will be provided on a non-guaranteed basis twenty-four/seven (24/7). This will
exclude time used for scheduled maintenance as designated by SOS in its sole discretion.
B. User ID and Passwords: SOS will issue to the Subscriber user ID and Passwords. Subscriber is responsible for
preserving the secrecy of their user ID and password. Subscriber is liable for any and all charges for services to
their ID/account passwords whether or not authorized by Subscriber.
C. Copyright and Ownership of Information: Subscriber agrees to comply with any copyright notices or other
services, databases, or other information provided through SOS’s services.
5. Payment by Subscriber: Subscriber will establish a Prepaid Account Deposit (PAD) account. The Subscriber need not
establish a new PAD account if one is on file with SOS. Account balances must be maintained to guarantee delivery of
the database files. A balance of your account is provided with each receipt.
6. Limitation of Liability
A. The remedies set forth in this agreement are exclusive and in no event shall SOS, its administrators or its
employees be liable for special, indirect, incidental, or consequential damages, including, but not limited to lost
income or lost revenues, whether such damages arise out of breach of contract, negligence, strict liability, or any
other theory of liability. Such damages shall in any event be limited to the charges paid for the previous year by
Subscriber for the service in connection with which a claim of liability is asserted or imposed. Subscriber
specifically understands and recognizes that the system by which these services are offered may experience
problems of various kinds resulting in an inability to provide services.
B. Subscriber agrees that SOS will not be liable for any claim or demand of any nature or kind whether asserted against
SOS or against Subscriber by any third party, arising out of the services or materials provided for their use.
Subscriber agrees to hold SOS harmless for claims of third parties arising out of the Subscriber’s use of the services
or materials provided pursuant to this Agreement.
C. SOS shall not be liable for or deemed to be in default for any delays or failure in performance or interruption of
service resulting directly or indirectly from any cause or circumstance, including problems with or delays caused by
its database or other providers.
D. No action or suit, regardless of form, other than an action for payments due SOS, arising out of the transactions
pursuant to this Agreement may be brought more than one year after the cause of the action accrues.
