CLERK OF COURT LIABILITY DISCLAIMER AND USER AGREEMENT

THE FOLLOWING TERMS GOVERN THE USE OF THIS WEBSITE

Stacy Butterfield is pleased to offer Internet access to public information pursuant to Chapter 119, Florida Statutes, and Florida Supreme Court Administrative Order AOSC15-18. The information provided on this website is provided as a public service for general information only and does not constitute an official record. While every effort is made to produce the most accurate information possible, Polk County Clerk makes no representations or warranties (express or implied), as to the accuracy, completeness, suitability, or timeliness of the information contained on this Website. There may be instances when the information may change, such as a work in progress, and users should refer to the official version of all documents on which they intend to rely.

General Terms, Disclaimer of Liability and Reliability
The Polk County Clerk´s website is offered to you, the "User", conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this site constitutes acceptance of all terms and conditions.

Anyone using this system expressly consents to administrative monitoring at all times by the Polk County Clerk and its authorized agents and contractors. You (User) are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you (User) do not wish to consent to monitoring, exit this system now.

In preparation of these pages, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. The Polk County Clerk disclaims any responsibility for typographical errors and accuracy of the information that may be contained on the website. The information and data included in this website have been compiled from a variety of sources and are subject to change without notice to the User.

The User agrees to be fully responsible for all activities that occur under User´s password or account.

The User will not disguise or "spoof" the origin of any information transmitted to this website. This includes but is not limited to falsification of IP address(es). When accessing this Website, the User will not alter, falsify, or disguise any data that is normally automatically transmitted when a user connects to a website.

In a situation where the official printed publications of the Polk County Clerk differ from the text contained in this system, the official printed documents take precedence. THE SERVICES, INFORMATION, AND DATA MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE POLK COUNTY CLERK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OR FUNCTIONALITY OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT IT WILL BE ERROR-FREE OR OFFER UNINTERRUPTED SERVICE.

NO WARRANTIES, EXPRESSED OR IMPLIED, OR REPRESENTATIONS WHATSOEVER ARE PROVIDED REGARDING THE QUALITY, CONTENT, COMPLETENESS, SUITABILITY, ADEQUACY, SEQUENCE, ACCURACY OR TIMELINESS OF THE DATA HEREIN.

Although every effort is made to ensure the uptime and functionality of this Website and the Website Services, the Polk County Clerk of Courts shall not be held liable for the Website´s or any Website Service´s lack of availability due to any foreseeable or unforeseeable circumstance. Maintenance may be performed on this Website or any Website Service at any time, with or without notice or warning.

Disclaimer of Damages
By using this website, the User assumes all risks associated with the use of the site, including any risk to User´s computer, software, or data being damaged by any virus, software, or any other file which might be transmitted or activated via PRO, this site or the User´s access to it.

THE CLERK AND ANYONE INVOLVED IN STORING, RETRIEVING, OR DISPLAYING THIS INFORMATION SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS INFORMATION OR LACK OF INFORMATION ON THE CLERK´S WEBSITE OR WITH THE DELAY OF INABILITY TO USE THIS WEBSITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE CLERK AND ANY OF HER AUTHORIZED AGENTS, CONTRACTORS, EMPLOYEES, OR AFFILIATES HAVE BEEN ADVISE OF THE POSSIBILITY OF DAMAGES.

The Clerk and her authorized agents, employees, and contractors shall not liable for any loss or injury caused in whole or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user´s decision, or action taken or not taken in reliance upon information furnished.

Indemnity
By using this website or website service in any form, the user agrees to indemnify and hold harmless the Clerk, her officers, employees, agents and contractors against any and all liability, expenses (including attorney´s fees) and damages arising out of claims resulting from the User´s use of this website, including without limitation, any claims alleging facts that if true, would constitute breach by the user of these terms and conditions.

Severability, Jurisdiction and Closing of Agreement
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

These Terms of Use and User´s agreement to be bound by them shall, to the maximum lawful extent, be governed by and construed in accordance with the laws of the State of Florida without reference to principles of conflicts of laws. User agrees that venue for any judicial proceeding arising from or relating to User´s use of this Website, or the Website Services shall lie in Polk County, Florida, USA.

This Agreement constitutes the entire agreement between the User and the Polk County Clerk (and its contractors and agents) with respect to this web site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Polk County Clerk with respect to this web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

EMAIL USE NOTICE

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, please do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

COURT RECORDS REQUEST

All court records requests must be requested in writing per Judicial Rule of Administration 2.420(m)(1), "the request for judicial branch records shall be in writing and shall be directed to the records custodian. The request shall provide sufficient specificity to enable the custodian to identify the requested records. The reason for the request is not required to be disclosed."

The Records Custodian ("RC") will inform the requestor that court records are now available online at polkcountyclerk.net/pro. The individual can use the online search to research the information needed.

If the individual is requesting paper copies of records, the RC will also provide notice in the initial communication of the charges involved in the request. Please note that copy costs for court records differ from copy costs of non-court records.