Filing Activity Notification System Terms of Use


The Filing Activity Notification System (FANS) is designed to offer individuals the ability to receive a notification when certain real estate and personal property records are filed with, indexed, and data is transmitted by Clerks of Superior Court throughout the state of Georgia.

Individuals may opt-in to this voluntary system designed to send an electronic notification of the filing of a document in select official county records when document index data entered and transmitted to the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) by the Clerk matches the notification criteria set. All notifications will only be forward-looking and generated for documents filed and index data received after the date the user creates a notification request.

All user notifications generated by the system are entirely dependent upon index data entered and transmitted by the Clerk of Superior Court in the county of filing. As a result, any notices generated by this system are not guaranteed by the GSCCCA to be comprehensive, accurate, complete, or current. The user of the system acknowledges these conditions, as well as additional conditions and restrictions related to the type of notifications the user may define, and these general terms and conditions of this website.

By requesting any notifications, I acknowledge and agree that:


Text Messaging Service

By opting in to or using a GSCCCA “Text Message Service” (term defined below), you accept these Terms & Conditions:

Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. GSCCCA may terminate any Text Message Service or participation in it at any time, with or without notice, and these Terms & Conditions still will apply. For text messaging services operated by the GSCCCA, I can get help by replying HELP, and I can unsubscribe by replying STOP. The request to unsubscribe may generate either a confirmation text or a text request to clarify the Text Message Service to which it applies (if you have more than one).

In consent to the handling of my information as described in the GSCCCA privacy policy found herein. To contact GSCCCA customer service, call 1-800-304-5174. Users must be 18 years of age or older (except Alabama and Nebraska, where users must be 19 years of age or older).

Mobile Carriers

Text Message Services used by GSCCCA are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. GSCCCA and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.

Definitions


Copyright Notice and Disclaimer

UNDER GEORGIA LAW, GSCCCA IS THE SOLE OWNER OF ITS COMPILED AND DEVELOPED INFORMATION. NONE OF THE MATERIALS CONTAINED ON THIS SITE OR ANY PART THEREOF, INCLUDING ANY INFORMATION, PRODUCTS AND/OR SOFTWARE RELATED TO THE MATERIALS, MAY BE COPIED, COMPILED, BUNDLED, GROUPED, REPRODUCED, SHARED, TRANSMITTED, TRANSCRIBED, STORED IN A RETRIEVAL SYSTEM, OR TRANSLATED INTO ANY LANGUAGE IN ANY FORM BY ANY MEANS WITHOUT THE EXPRESS WRITTEN PERMISSION OF GSCCCA. NO USER OR ANY OTHER PARTY IS PERMITTED TO SELL, SHARE, TRANSFER, LOAN, LICENSE OR MARKET THE MATERIALS OR TO ENGAGE IN ANY SIMILAR TRANSACTION RELATED TO THE MATERIALS CONTAINED ON THIS SITE TO ANY EXTENT UNDER ANY CIRCUMSTANCES. GSCCCA PROVIDES ANY AND ALL MATERIALS AND OTHER INFORMATION AND/OR SOFTWARE DISTRIBUTED ON THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GSCCCA BE LIABLE FOR ANY LOSS OF PROFITS, LOST BUSINESS, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. GSCCCA MAY REVISE THE TERMS OF USE OF ITS SITE FROM TIME-TO-TIME WITHOUT NOTICES OTHER THAN POSTING ON ITS SITE.

THE PERFORMANCE OF THIS WEBSITE AND ALL INFORMATION CONTAINED ON, DOWNLOADED OR ACCESSED FROM THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. GSCCCA SHALL BE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, WEB BROWSERS, OR ANY COMBINATION THEREOF INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON'S COMPUTER AS A RESULT OF USING THIS WEBSITE.

AS A VISITOR TO OUR WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AVAILABLE ON THIS WEBSITE SHALL BE ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL GSCCCA NOR ANY OF ITS DATA PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THIS WEBSITE, EVEN IF GSCCCA OR SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


NO UNLAWFUL OR PROHIBITED USE

As a condition of the use of the website and services, users will not use the website and services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Users may not use the website and services in any manner that could damage, disable, overburden, or impair any GSCCCA server, or the network(s) connected to any GSCCCA server, or interfere with any other party's use and enjoyment of the website and services. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website and services. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website, or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal, and injunctive redress.

If you violate any Terms of Use for any GSCCCA site, GSCCCA, in its sole determination, may terminate, revoke, suspend, limit or otherwise determine your use of any GSCCCA Site, bar you from future use of any GSCCCA Site and/or take appropriate legal action against you.


Privacy Policy

The information we gather is either information (for example, your name and address) that you voluntarily supply when you register or use FANS, or information gathered on usage patterns and preferences as visitors navigate the web site and/or use FANS.

To help make our website more responsive to the needs of our visitors, we use standard feature of browser software, called a “cookie”, to assign each visitor a unique, random number that resides on the user’s computer. The cookie does not identify the visitor, just the computer that a visitor uses to access the website. Unless you voluntarily identify yourself, we won’t know who you are, even if we assign a cookie to your computer as the only personal information a cookie can contain is information you supply. A cookie cannot read unrelated data of a user’s computer. We use cookies to help GSCCCA deliver a better, more personalized service.

Information collected by the FILING ACTIVITY NOTIFICATION SYSTEM systems will be used to positively identify parties and to facilitate notifications. This may include but is not limited to sending status notification through email and/or text and verifying account information. Information collected will be subject to disclosure as required by law.


Links to Sites Outside the Dominion and Control of GSCCCA

Links in this area will let you leave GSCCCA's site. GSCCCA does not have control of these other sites and GSCCCA is not responsible for the contents of any site outside of the GSCCCA domain or any domain contained in a linked site, or any changes or updates to such sites. GSCCCA provides these links only as a convenience. The inclusion of any link is merely a convenience to the user and is not an endorsement by GSCCCA of any linked site.


Warranties Limitations and Exclusions.

GSCCCA MAKES NO WARRANTIES OR GUARANTEES EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICES. USERS UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS AT THE RISK OF THE USER AND THAT THE WEBSITE AND SERVICES ARE PROVIDE ON AN “AS IS” BASIS AS AVAILABLE. USERS BEAR THE ENTIRE RISK OF USING THE WEBSITE AND SERVICES. GSCCCA EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. USERS ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. GSCCCA DOES NOT GUARANTEE THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR. NOR DOES GSCCCA GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM ANY APPLICABLE COMPUTER NETWORKS.


Services Available on This Website

The Services made available on this Website are the copyrighted work GSCCCA and/or its vendors. GSCCCA reserves all rights to the Website and Services which are not expressly granted to a User. Any reproduction or redistribution of the Website or Services retrieved from the Website is expressly prohibited.

The Website is made available to Users and Registered Users according to this Terms of Use agreement. By accessing and/or use of the Website or any of its Services you, as a User, agree to each applicable provision of these Terms of Use and conditions all conditions found herein.


Conflict Resolution

You, as a User, agree that these Terms of Use and any dispute that may arise between you and GSCCCA shall be governed by and construed in accordance with Georgia law, without regard to its conflict of laws rules or any other rules directing referral to foreign law or forums. You agree that any action brought to assert any right or remedy pertaining to these Terms of Use and any dispute that may arise between you and GSCCCA shall be brought exclusively in the Superior Court of Gwinnett County, Georgia. User and GSCCCA expressly submits and consents in advance to such jurisdiction and waives any objection based upon lack of personal jurisdiction, improper venue or forum non convenient.

If a dispute, controversy or claim, including but not limited to payment disputes, arises under these Terms of Use, You agree to work in good faith prior to litigation to resolve the dispute through negotiations with GSCCCA and, if necessary, engage in mediation. Either the User or GSCCCA (the “parties”) may exercise the right to submit the matter for mediation by providing the other party with a written demand for mediation setting forth the subject of the dispute. The parties will cooperate with one another in selecting a mediator and in scheduling the mediation proceedings. Venue for the mediation will be in Atlanta, Georgia; provided, however, that any or all mediation proceedings may be conducted by teleconference with the consent of the mediator. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs; provided, however that the cost to GSCCCA shall not exceed five thousand dollars ($5,000.00). You agree that, in addition to any dispute resolution procedures otherwise required under these Terms of Use or any informal negotiations which may occur between the GSCCCA and User, no civil action with respect to any dispute, claim or controversy arising out of or relating to these Terms of Service may be commenced without first giving fourteen (14) calendar days written notice to the GSCCCA of the claim and the intent to initiate a civil action.

All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or employees of any mediation service, are inadmissible for any purpose (including but not limited to impeachment) in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Inadmissibility notwithstanding, all written documents shall nevertheless be subject to the Georgia Open Records Act O.C.G.A. Section 50-18-70 et seq.

Should the parties be unable to reach a resolution, each party retains any and all remedies available to it, including but not limited to, commencement of a civil action subject to the defenses of the other party.


Copyright Notice

Copyright © 2023 Georgia Superior Court Clerks' Cooperative Authority, 1875 Century Boulevard, Suite 100, Atlanta, Georgia 30345. For more information contact Mike Smith, Director, GSCCCA Communications at (404) 327-9058 or by email at Mike.Smith@gsccca.org. Any and all rights not expressly granted herein are reserved in their entirety. Contact webmaster@gsccca.org if you should have any questions or problems with this site.