TERMS OF USE AGREEMENT

This Public Notice Database (www.mopublicnotices.com), which serves as repository for such notices, is hereby established and maintained as a joint venture of the majority of Missouri newspapers.

The capability of placing notices to the Public Notice Database on this site is one benefit of of the publication requirements of Missouri Press Association Active Membership per its bylaws, effective Sept. 2022.

These Terms of Use ("Terms") explain the contractual agreement between you, the user, and Missouri Press Association, Inc. ("MPA") regarding your use of the Public Notice Database www.mopublicnotices.com. MPA provides the Public Notice Database in an effort to make public notices easily accessible in the State of Missouri. MPA provides access to the Public Notice Database free of charge to members of the public and provides the listing at no additional cost to government. MPA charges a fee only for enhanced search capabilities of the Public Notice Database by way of the "smart search" option.

1. ACCEPTING & UPDATING THESE TERMS
By using the Public Notice Database you agree to these Terms. MPA may update the Terms from time to time. The updated Terms shall be effective once posted here. If you have any questions about these Terms or the Public Notice Database, please contact MPA at admin@mopublicnotices.com.

2. THIRD PARTY CONTENT
The Public Notice Database consists of public notices submitted and published by newspapers in Missouri. Because content is submitted by third parties directly, MPA exercises no control over that content or its accuracy, nor does MPA assume any responsibility for the timely publication of these notices. You agree that MPA shall not be responsible or liable for any loss caused or alleged in connection with use of the Public Notice Database.

Missouri newspapers are required by MPA Bylaws (effective Sept. 2022) to upload public notices to this website. The MPA charges these newspapers a fee to upload these notices. Any newspaper uploading notices agrees to pay upload fees as established and modified by the MPA Board from time to time.

3. USE OF THE SITE AND CONTENT ON SITE
MOPublicNotices.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 MPA, in its sole discretion, may disqualify you from using the Public Notice Database if MPA believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. MPA shall not be liable to you or any third party for termination of your access to the Public Notice Database. MPA may terminate a user’s smart search subscription, if that user fails to pay for this enhanced search feature.

Further, MPA may terminate a user’s smart search subscription for any reason and refund the remaining prorated balance. We reserve the right to block IP addresses that exhibit bot-like activity including the opening of multiple legal notices in a manner inconsistent with average human data consumption.

Notices on this site are uploaded by MPA members, who are solely responsible for the content of those notices and their placement on this site. MPA takes no responsibility for the determination of a public notice, 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. MPA assumes no responsibility for the selection of the appropriate newspaper for publication.

5. PRIVACY
Except for smart search subscribers, MPA does not collect names or addresses of Public Notice Database users. Unless required by law, MPA 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 PUBLIC NOTICE DATABASE IS AT YOUR SOLE RISK. THE PUBLIC NOTICE DATABASE IS PROVIDED "AS IS." MPA 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 MPA.

7. INDEMNIFICATION
You agree to indemnify and hold MPA, 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.

8. ATTORNEYS’ FEES
You agree that if the MPA brings a lawsuit against you for breach of these Terms and if MPA wholly or partly prevails in such lawsuit, you shall pay MPA 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 MPA 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 MPA’s damages, and (iii) do not otherwise limit MPA’s ability to recover under any legal theory or claim. You also agree that copying the public notices will irreparably harm MPA and entitle MPA to injunctive or equitable relief, in addition to monetary damages.

10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MPA 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 MPA 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 MPA 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.

11. GOVERNING LAW & JURISDICTION
The Public Notice Database is compiled and made available to the public by MPA from its offices in Columbia, Missouri, United States of America. If you choose to access this database from outside Missouri you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Public Notice Database shall be governed by Missouri law and adjudicated by the Boone County, Missouri Circuit Court or the United States District Court for the 13th Judicial Court of Missouri, and you consent to the personal jurisdiction of those courts.

12. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between MPA and you and govern your use of the Public Notice Database, superseding any prior agreements between you and MPA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. MPA's failure to act with respect to a breach by you or others does not waive MPA'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.