People Search Now: Terms of Use
Last Updated: October 1, 2009
Before using this Web site ("Site"), please make sure you read the following Terms of Use ("Terms"). By using our Site, you agree to be bound by these Terms. Please do not use this Site if you refuse to accept all of our Terms.
Fees, Payment, Fraud
Fees for our services are listed on the Site. Any such fees are non-refundable. By purchasing our services, you agree to pay with a valid credit card and certify that you are an authorized user of the credit card. To protect our customers from credit card fraud, we may work with law enforcement agencies to address issues by sharing information such as credit card numbers, email addresses, IP addresses, etc. We reserve the right to suspend services for individuals suspected of fraudulent credit card activity. You are responsible, and must pay for, all purchases of the services made by individuals using your account. If you suspect that unauthorized use of your account is occurring, you must notify us immediately. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.
Refunds
Unless we indicate otherwise, all fees and charges are final, with no refunds. Any issues or concerns about a particular purchase must be brought to our attention within 15 days of purchase, and you agree to waive all issues and concerns after such time. If you do not notify us that you want to cancel our services, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process.
Subscription Services, Automatic Renewal
In the event you choose to subscribe to the services offered on the Site, your subscription will continue for the monthly or annual period you select during registration (the "Term"), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by contacting our Customer Service Department. If you do not notify us that you want to cancel your subscription as described above, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed). When you cancel automatic renewal on your subscription, your subscription will continue through the rest of the current period. At the end of that period, your subscription will not renew automatically, and you will lose the benefits of the subscription. You are not entitled to refunds for previous months that have already been charged as services have been rendered and costs have been incurred by us.
Our Intellectual Property
The Site and all its contents are copyright © 2009 PeopleSearchNow, all rights reserved. All other rights, title and interest (including other copyrights, trademarks and other intellectual property rights) in this Site and all names, terms, logos, slogans, and other images which identify our products or services are proprietary marks which 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, and 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 as defined in the Fair Credit Reporting Act ("FCRA"), and the information in our Site has not been collected for the purpose of furnishing consumer reports. This Site cannot be used by as a factor in establishing (a) an individual's eligibility for personal credit or insurance, (b) evaluating an individual for employment, or (c) any other personal business transaction with an individual.
In addition to the foregoing, and in consideration for our providing you access to the Site, you also agree not to:
- use the Site's information to harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity or interfere with or disrupt the use and enjoyment by others of this Site;
- transmit or make available data or materials that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- remove, alter, or obscure any copyright or other proprietary notices of PeopleSearchNow.com or its affiliates or licensors on this Site;
- obscure or disable any advertisements that appear on the Site;
- access without authorization any networks, systems, or databases used in providing this Site;
- use the Site for any commercial, advertising or promotional purposes, including without limitation, "spam" or mass distributions; or
- falsely state, impersonate, or otherwise misrepresent your identity.
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.
Disclaimers, Limits on Our Liability
The services provided on this Site and 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 SERVICES AND INFORMATION ON THIS SITE ARE 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.
We cannot guarantee your confidential use of this Site, and we are not 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, 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. IN NO EVENT SHALL OUR LIABILITY EXCEED ANY COMPENSATION YOU PAY TO US.
Your Account with Us
You may be asked to create your own user account on this Site in order to access some of our services. 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. You will promptly report any unauthorized use of your password to us.
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 THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. 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
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SACRAMENTO COUNTY, CALIFORNIA, UNITED STATES OF AMERICA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
Your Privacy
We are committed to protecting your privacy. The personal information you provide to us on this Site is governed by our Privacy Policy. Please read it carefully to understand our information practices before using this Site.
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.