This Legal Notice Database (www.UtahLegals.com), which serves as repository for such notices, is hereby established pursuant to Utah Public Act 96-1144 as the statewide website established and maintained as a joint venture of the majority of Utah newspapers.
The capability of placing notices to the Legal Notice Database on this site is one component of the publication requirements for Public and Legal Notices under Utah law.
1. ACCEPTING & UPDATING THESE TERMS
By using the Legal Notice Database you agree to these Terms. UPA may update those Terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Legal Notice Database, please contact UPA at firstname.lastname@example.org.
2. THIRD PARTY CONTENT
The Legal Notice Database consists of legal notices submitted by newspapers in Utah. Because content is submitted by third parties directly, UPA exercises no control over that content or its accuracy, nor does UPA assume any responsibility for the timely publication of these notices. You agree that UPA shall not be responsible or liable for any loss caused or alleged in connection with use of the Legal Notice Database.
Utah newspapers, both members of the UPA and non-members, are required by law to upload notices to this website. The UPA charges these newspapers a fee to upload these notices. Any newspaper uploading notices agrees to pay upload fees as established and modified by the UPA Board from time to time.
3. USE OF THE SITE AND CONTENT ON SITE
UtahLegals.com 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 UPA, in its sole discretion, may disqualify you from using the Legal Notice Database if UPA believes that you have violated or acted inconsistently with the letter or spirit of the Terms or Utah’ Legal Notice laws. UPA shall not be liable to you or any third party for termination of your access to the Legal Notice Database. UPA may terminate a user’s smart search subscription, if that user fails to pay for this enhanced search feature.
The Utah Press Association has required that each newspaper, as a condition of uploading notices to this site, certify that the newspaper meets the requirements of chapter 715 of Utah Compiled Statutes. The UPA 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 which 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. The UPA assumes no responsibility for the selection of the appropriate newspaper for publication.
Except for smart search subscribers, UPA does not collect names or addresses of Legal Notice Database users. Unless required by law, UPA does not sell, rent, barter mailing lists of users or disclose users' names, addresses, or other personally identifying information.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE LEGAL NOTICE DATABASE IS AT YOUR SOLE RISK. THE LEGAL NOTICE DATABASE IS PROVIDED "AS IS." UPA 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 LEGAL NOTICE DATABASE SHALL CREATE ANY WARRANTY BINDING UPA.
You agree to indemnify and hold UPA, 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 Legal Notice Database.
8. ATTORNEYS’ FEES
You agree that if the UPA brings a lawsuit against you for breach of these Terms and if UPA wholly or partly prevails in such lawsuit, you shall pay UPA 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 UPA 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 UPA’s damages, and (iii) do not otherwise limit UPA’s ability to recover under any legal theory or claim. You also agree that copying the public notices will irreparably harm UPA and entitle UPA 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 Legal Notice Database is compiled and made available to the public by UPA from its offices in Sandy, Utah, United States of America. If you choose to access this database from outside Utah you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Legal Notice Database shall be governed by Utah law and adjudicated by the Salt Lake County, Utah Circuit Court or the United States District Court for the Third District of Utah, and you consent to the personal jurisdiction of those courts.
12. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between UPA and you and govern your use of the Legal Notice Database, superseding any prior agreements between you and UPA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. UPA's failure to act with respect to a breach by you or others does not waive UPA's right to act with respect to subsequent or similar breaches. By using the Legal 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 Legal Notice Database.