ACCEPTANCE OF TERMS OF SERVICE
Contact and Electronic Communications. By accessing the CriminalSearches.com Applications or Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
YOUR USE OF THE CRIMINALSEARCHES.COM APPLICATIONS
CriminalSearches.com provides a database of public records and publicly available sources of information aggregated for your convenience. The CriminalSearches.com searches are provided for informational purposes only. While we are constantly updating and refining our database and service, we do not represent or warrant that the results provided will be 100% accurate and up to date and, as such, CriminalSearches.com shall not be responsible or liable for the accuracy, usefulness, availability or unavailability of any information transmitted or made available via the CriminalSearches.com Applications. CriminalSearches.com does not make any representation or warranty as to the character or the integrity of the person or entity that is the subject of any CriminalSearches.com searches. CriminalSearches.com also reserves the right to delete any information from its databases at any time.
CRIMINALSEARCHES.COM IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS.
Our Intellectual Property
The Site and all its contents are copyright © 2008 CriminalSearches.com, all rights reserved. All other rights, title and interest (including other copyrights, trademarks and other intellectual property rights) in this Site belong to us. The names of companies and products not owned by us but which are referenced on the Site may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to us without our express written consent is forbidden. Nothing contained in this Site shall be construed as conferring any license or right under any of our intellectual property rights, or under any third party's intellectual property rights.
No part of this Site may be reproduced, republished, copied, transmitted or distributed in any form or by any means.
Limits on Your Use of Our Site
We are not a “consumer reporting agency” and the information in our Site has not been collected for the purpose of furnishing “consumer reports,” as such terms are defined in the Fair Credit Reporting Act (the “FCRA”). You are prohibited from using this Site and any information in this Site (a) as a factor in establishing an individual’s eligibility for personal credit or insurance, (b) as a factor in evaluating an individual for employment, (c) in connection with any personal business transaction with an individual, or (d) for any purpose for which one might use a “consumer report,” as defined in the FCRA. You must certify that you will comply with these Limits on Your Use of Our Site prior to accessing information on this Site.
In addition to the foregoing, and in consideration for our providing you access to the Site, you also agree to adhere to the following:
- You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations
- You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Services
- You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to "stalk" or otherwise harass another person
- You will not use the Services to seek information about or harm minors in any way
- You will not use the Services to seek information about celebrities or public figures
- You will not use the Service to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual
- You will not resell any of the information you obtain from the Services without our prior written consent
- You will take reasonable steps to ensure that the information you receive from the Services is stored in a secure manner.
- You will not use the site to determine an individual’s suitability for health or any other insurance, credit and/or loans, housing, employment, education/scholarships/fellowships, benefits, privileges or any similar purpose.
If you violate any of the foregoing, you may be banned from this Site, we may terminate your account and we may take any other action we deem appropriate in our sole discretion.
Personal Use Only. The CriminalSearches.com Applications, the Content and the Services are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or CriminalSearches.com Applications, in any medium, without CriminalSearches.com's prior written consent, or (ii) alter or modify any part of the CriminalSearches.com Applications other than as may be reasonably necessary to use the CriminalSearches.com Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the CriminalSearches.com Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the CriminalSearches.com Applications or any computer software or hardware or telecommunications equipment. You may not use the CriminalSearches.com Applications or Services in any manner that could damage, disable, overburden, or impair any CriminalSearches.com server, or the network(s) connected to any CriminalSearches.com server, or interfere with any other party’s use and enjoyment of any CriminalSearches.com Applications or Services. You may not attempt to gain unauthorized access to any CriminalSearches.com Applications or Services, other accounts, computer systems or networks connected to any CriminalSearches.com server or to any of the CriminalSearches.com Applications or Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CriminalSearches.com Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through CriminalSearches.com Applications or Services, including any proprietary communications protocol used by CriminalSearches.com. You may not use information obtained from the CriminalSearches.com Applications to transmit any commercial, advertising or promotional materials, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation or rule.
Accuracy of Data. No representations, neither express nor implied, are made as to the validity of any data provided by CriminalSearches.com. While CriminalSearches.com has made every effort to supply you with current and valid data, there can be no guarantee as to any specific piece of data obtained by users of our Services. Our Service searches and gathers compilations of criminal and other records that are on public record. We do not make any representations that information available on public records is accurate. In addition, searches can be conducted with a number of variables and therefore we do not control the accuracy of any search conducted. In providing the Services CriminalSearches.com is not rendering legal, private investigation or other professional services. If legal, investigative or other expert assistance is required, the services of a competent professional should be sought. You will use the Services in a manner consistent with any and all applicable laws and regulations. You will not use the information obtained from CriminalSearches.com Applications or Services to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from this CriminalSearches.com Applications or Service. You further agree not to provide any information obtained from this CriminalSearches.com Applications or Services to any third party.
Third Party Sites: You may be able to access other websites or resources through links on the CriminalSearches.com Applications. Because CriminalSearches.com has no control over such sites and resources, you acknowledge and agree CriminalSearches.com is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
Disclaimers, Limits on Our Liability
The content, information, documents, graphics and images published on the Site may contain inaccuracies, typographical errors or other errors. We make no commitment to update the Site. We reserve the right to temporarily, or permanently, modify, alter, discontinue or delete content on the Site without prior notice. TO THE EXTENT PERMITTED BY LAW, THE INFORMATION ON THIS SITE IS PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Site should not rely upon information contained in this Site when making business, financial, personal or other decisions. In addition, this Site may have links to other Web sites which are independent of this Site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein. These links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites. Some of our public records relate to infractions like traffic tickets; an infraction is a “petty” violation of the law less serious than a misdemeanor or felony, and typically is a violation of a rule or local ordinance or regulation. The fact that a record is in our database does not necessary mean that the record is a “criminal” record – for instance, the record may relate to a traffic violation or an arrest where there was no conviction. In addition, there are instances where individuals have identical names and dates of birth; therefore, we urge you to verify any information you gather from our Site via reference to the actual court records.
We cannot guarantee your confidential use of this Site, and we are not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of this Site.
We do not represent that all content, materials and services on our Site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
IN NO EVENT SHALL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE, OR USE OF ANY OTHER LINKS OR LINKED WEB SITES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOUNDED ON OUR PUBLICATION OF INFORMATION OBTAINED FROM PUBLIC RECORDS), STRICT LIABILITY OR ANY OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, SITE AND OTHER CONTENT AND MATERIALS.
Regardless of the previous paragraph, if we are found liable, our liability to you or to any third party is limited to US$100.
If you have a dispute with a third party regarding the information contained in the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Your Account with Us
You may be asked to create your own user account on this Site in order to receive certain emails from us. To create a user account, you are required to provide select information. You agree: (a) that the information you provide will be true, accurate and complete, (b) to maintain and update your information, and (c) that we may contact you and require you to confirm some or all of the information you provided us before accessing specific services on the Site.
We reserve the right to terminate your use of the Site if in our sole discretion, we determine that any of the information you provide us is untrue, inaccurate or incomplete. You are solely responsible for maintaining the confidentiality of your password and account information and are responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms.
Your Indemnification of Us
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF INFORMATION ON THIS SITE, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY, INCLUDING PRIVACY RIGHTS. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
Law Governing Your Use of Our Site
Term and Termination. This Agreement will remain in full force and effect while you use the Services. CriminalSearches.com can suspend or terminate your access to the CriminalSearches.com Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Age Requirements. The CriminalSearches.com Applications are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the CriminalSearches.com Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the CriminalSearches.com Application and Services.
Electronic Form/Communications. By accessing the CriminalSearches.com Applications or Services, you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, through contracts, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Access to Services. CriminalSearches.com reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. CriminalSearches.com also reserves the right to change, modify, discontinue, suspend or abandon the CriminalSearches.com Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The CriminalSearches.com Applications and Services are controlled from facilities in the United States. CriminalSearches.com makes no representations that the CriminalSearches.com Applications or Services are appropriate or available for use in other locations. Those who access or use the CriminalSearches.com Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
RESOLUTION OF DISPUTES
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules.
Resolution of any Dispute. In the event a dispute arises between you and CriminalSearches.com, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Department by emailing us using our contact form located at http://www.criminalsearches.com/help/contact.aspx. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and CriminalSearches.com agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from CriminalSearches.com Applications; claims that may arise after the termination of your Membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the Customer Care Department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
Choice of Law. This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Survival. This arbitration provision shall survive termination of this agreement and the closing of your account or membership.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
These Terms are the Entire Agreement between You and Us
These Terms incorporate by reference any notices contained on the Site, and constitute the entire agreement with respect to your access to and use of this Site. Any provision of these Terms which is determined by a court of competent jurisdiction to be unenforceable shall be severable from these Terms without invalidating the remaining Terms. The unenforceability of any provision shall not render that provision unenforceable in any other jurisdiction. We reserve the right to revise these Terms at any time without notice to you, and, by using this Site following any revision to these Terms, you agree to be bound by such changes.