General

The Bay County Clerk & Comptroller’s Web site is for informational purposes only and is offered as a convenience for our customers. We make no warranty or guarantee regarding the accuracy or reliability of the content on this site. The Clerk & Comptroller’s office shall not be liable for errors or for any damages in connection with the use of the information appearing on this or other referenced websites.

This website does not provide legal advice. Please contact a qualified attorney for guidance about a particular legal issue.

By using the information, services and products available through this website, you agree to be bound by all of the terms and conditions of use as set forth herein.

The terms and conditions set forth in the PPTOU may be updated from time to time without notice to you. It is your responsibility to review it from time to time to be aware of any such change. Your continued use of this service will indicate your agreement to any such change.

Public Records

Florida has a very broad public records law. As a result, any written communication created or received by Bay County Clerk & Comptroller officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Furthermore, under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact our office by phone or in writing.

Collection of Personal Information

When you engage in activities on this site, you may be asked to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities.

Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity online. Instead, you will need to use a non-Web option for transacting that business with the Bay County Clerk & Comptroller.

Protection of Your Personal Information

The Bay County Clerk & Comptroller recognizes and appreciates the importance of responsible use of information collected on this site. Information may be saved for a designated period of time in order to comply with the State of Florida’s archiving policies. However, information will not be disclosed to third parties or other government agencies, unless required by state or federal law.

Use of Cookies

When you visit the Bay County Clerk & Comptroller’s Web site, you can surf the site anonymously and access information without revealing your identity. In order to improve our site, we may use “cookies” to assist your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It can function as your identification card, recording your passwords, purchases, and preferences. However, it cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.

For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages. While certain Web pages use cookies to assist your visit to the Bay County Clerk & Comptroller Web site, and while our Web servers automatically log the IP address of your computer, this information does not identify you personally, and you remain anonymous unless you have otherwise provided personal information to a specific Web page.

User Accounts

When registering to use a feature, it is solely your responsibility to keep your private account information, such as username and password, secure. You must not disclose your private account information to anyone except other authorized persons.

You are entirely liable for all activities conducted through your account. You agree to immediately notify the Bay County Clerk & Comptroller of any unauthorized use of your account or any breach of security.

The Bay County Clerk & Comptroller will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Also remember to sign out of your account and close your browser window whenever you have finished your work.

Security

Data transmission over the Internet is not guaranteed to be 100% secure. While we strive to protect your personal information, the Bay County Clerk & Comptroller cannot ensure or warrant the security of any information transmitted to us or received from our online products or services. Once we receive a transmission, we make our best effort to ensure it is secure on our systems.

Your Responsibilities

You are responsible for all charges associated with connecting to the Internet. You agree that any telephone or other communications fees and charges incurred are your sole responsibility.

Prohibited Uses

As a user of the Bay County Clerk & Comptroller’s website, you agree to use this service only for its lawful, intended purposes. Use of this service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the service to:

• Provide false information or to impersonate someone else;
• Distribute computer viruses, worms, or any software intended to damage or alter a computer system;
• Violate any applicable local, state, national or international law.

System and Network Security

Violations of system or network security of the service are prohibited, and may subject you to criminal and/or civil liability. The Bay County Clerk & Comptroller will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected.

You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access.

You may not interfere or attempt to interfere with service to any other user.

Violation of Terms of Use

In the event of any violation of the terms contained herein, the Bay County Clerk & Comptroller reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided. Users who violate terms contained herein may additionally incur criminal and/or civil liability. The Bay County Clerk & Comptroller may refer violators to civil or criminal authorities for prosecution.

Indemnity

You agree to indemnify and hold the Bay County Clerk & Comptroller and its subsidiaries, affiliates, telecommunications providers, service providers, officers, employees and agents harmless from any claim, liability, loss, expense or demand, including attorneys’ fees, related to a user’s violation of the terms and conditions or the use of the services and information provided at this Web site.

Limitation of Liability

In no event will the Bay County Clerk & Comptroller, its suppliers, its service providers, or other third party affiliates be liable for any damages whatsoever including but not limited to:

• Direct, indirect, incidental punitive and consequential damages arising out of the use, inability to use, or the results of use of this service;
• Any Web sites linked to the service, the materials or information contained at any or all such sites;
• Content anywhere on the internet, whether based on warranty, contract, tort or any other legal theory;
• Including without limitation those damages resulting from lost profits, lost data or business interruption;
• Aggregate liability of the Bay County Clerk & Comptroller or any of its suppliers, service providers, or third party affiliates.

In no event shall the Bay County Clerk & Comptroller be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this Web site or from any information, services or products provided through this Web site, even if the Bay County Clerk & Comptroller has been advised of the possibility of such damages.

If you are dissatisfied with this Web site, or any portion thereof, your exclusive remedy shall be to stop using the website.

Termination

If a user’s conduct fails to conform to the letter or spirit of these terms and conditions or if the Bay County Clerk & Comptroller believes the user’s conduct may create liability for its affiliates, then that user’s service will be terminated.

The Bay County Clerk & Comptroller reserves the right to restrict access of any user of this service and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to the service and may remove all account information.

Disclaimer of Warranties

This service is provided by the Bay County Clerk & Comptroller on an “as is” basis. Neither the Bay County Clerk & Comptroller nor its partners, providers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the service, its contents, or any information made available by or through the service.

The Bay County Clerk & Comptroller disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or any infringement. Furthermore, the Bay County Clerk & Comptroller does not warrant that use of the service will not be interrupted, available at any time or from any location, secured and error-free. Corrected defects are not warrantable and the service is not guaranteed free of viruses or other harmful components.

Jurisdictional Issues

The PPTOU shall be governed by and construed in accordance with the laws of the State of Florida as it is applied to contracts entered into by residents of the State of Florida including the public records law (Chapter 119, Florida Statutes). You also consent to the exclusive jurisdiction of the state and federal courts in Bay County, Florida, and you further consent to the exercise of personal jurisdiction of the courts therein.

If any provision(s) of the PPTOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

The Bay County Clerk & Comptroller’s failure to exercise or enforce any right or provision of the PPTOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Bay County Clerk & Comptroller in writing. You and the Bay County Clerk & Comptroller agree that any cause of action arising out of or related to this PPTOU or the service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in this PPTOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions constitute the entire agreement between you and the Bay County Clerk & Comptroller with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.