This Public Notice Database (www.wapublicnotices.com) which serves as repository for such notices, has been established by the Washington Newspaper Publishers’ Association (WNPA) as the statewide website established and maintained as a joint venture of the majority of Washington state newspapers.
1. ACCEPTING & UPDATING THESE TERMS
By using the Public Notice Database you agree to these Terms. WNPA 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 Public Notice Database, please contact WNPA at firstname.lastname@example.org.
2. THIRD PARTY CONTENT
The Public Notice Database consists of public notices submitted by newspapers in Washington state. Because content is submitted by third parties directly, WNPA exercises no control over that content or its accuracy, nor does WNPA assume any responsibility for the timely publication of these notices. You agree that WNPA shall not be responsible or liable for any loss caused or alleged in connection with use of the Public Notice Database.
3. USE OF THE SITE AND CONTENT ON SITE
WaPublicNotices.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. UPLOAD COSTS
WNPA provides this site as a service to newspapers and the public. Advertisers may require as part of an advertising agreement that Washington state newspapers, both members of the WNPA and non-members, upload notices to this website. WNPA may charge these newspapers a minimal fee to upload these notices to cover the costs of maintaining this site, which cost may in the newspaper’s discretion be passed along to their advertiser. Any newspaper uploading notices agrees to pay upload fees as posted on the website at the time of upload.
5. DISQUALIFICATION AND TERMINATION
You agree that WNPA, in its sole discretion, may disqualify you from using the Public Notice Database if WNPA believes that you have violated or acted inconsistently with the letter or spirit of the Terms or Washington state Public Notice laws. WNPA shall not be liable to you or any third party for termination of your access to the Public Notice Database. WNPA may terminate a user’s smart search subscription, if that user fails to pay for this enhanced search feature.
WNPA has required that each newspaper, as a condition of uploading notices to this site, certify that the newspaper meets the requirements of a Legal Newspaper in RCW 65.16.020. WNPA takes no responsibility for assuring that the newspaper meets the requirements of RCW 65.16.020 and has been declared a “Legal Newspaper” for the jurisdiction in question, 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. WNPA assumes no responsibility for the selection of the appropriate newspaper for publication.
Except for smart search subscribers, WNPA does not collect names or addresses of Public Notice Database users. Unless required by law, WNPA does not sell, rent, or barter mailing lists of users or disclose users' names, addresses, or other personally identifying information.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE PUBLIC NOTICE DATABASE IS AT YOUR SOLE RISK. THE PUBLIC NOTICE DATABASE IS PROVIDED "AS IS." WNPA 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 PUBLIC NOTICE DATABASE SHALL CREATE ANY WARRANTY BINDING WNPA.
You agree to indemnify and hold WNPA, 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 Public Notice Database.
9. ATTORNEYS’ FEES
You agree that if the WNPA brings a lawsuit against you for breach of these Terms and if WNPA wholly or partly prevails in such lawsuit, you shall pay WNPA its reasonable attorneys’ fees and costs incurred in connection with such lawsuit.
10. 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 WNPA 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 WNPA’s damages, and (iii) do not otherwise limit WNPA’s ability to recover under any legal theory or claim. You also agree that copying the public notices will irreparably harm WNPA and entitle WNPA to injunctive or equitable relief, in addition to monetary damages.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WNPA 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 WNPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PUBLIC NOTICE DATABASE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PUBLIC NOTICE DATABASE; OR (d) ANY OTHER MATTER RELATING TO THE PUBLIC NOTICE DATABASE. UNDER NO CIRCUMSTANCES SHALL WNPA BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE USE OF THE PUBLIC NOTICE DATABASE.
12. GOVERNING LAW & JURISDICTION
The Public Notice Database is compiled and made available to the public by WNPA from its offices in Washington state, United States of America. If you choose to access this database from outside Washington, you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Public Notice Database shall be governed by Washington law and adjudicated by the King County District or Superior Court or the United States District Court for the Western District of Washington in Seattle, and you consent to the personal jurisdiction of those courts.
13. ACCCEPTABLE USES
This database is compiled through significant efforts and expenditure of resources by WNPA and is offered as a resource to newspapers and the public as a central location to locate public notices. No person or entity is authorized to sell the material posted in the database or to download the material for purposes of re-sale, subscription, or other publication.
14. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between WNPA and you and govern your use of the Public Notice Database, superseding any prior agreements between you and WNPA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. WNPA's failure to act with respect to a breach by you or others does not waive WNPA's right to act with respect to subsequent or similar breaches. By using the Public 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 Public Notice Database.