Effective: April 5, 2010
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to Net Detective, a public records search service provided by Net Detective (“we", “us"). By indicating your acceptance of the following terms of service agreement (“Agreement"), you agree to be bound by and comply with its terms. Accordingly, you should review this Agreement thoroughly. If you do not agree to comply with the terms of this Agreement, you should not indicate your acceptance of it, and should not use Net Detective. You cannot purchase Net Detective products or services until you have indicated your acceptance of this Agreement.
We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may view the most recent Agreement on this website.
Use of Services and Data
Conditioned on your compliance with this Agreement and fulfillment of any applicable payment obligations, we grant to you a personal, limited, nonexclusive, nontransferable license to use Net Detective. We reserve all rights of ownership in Net Detective not expressly granted to you. We or our licensors own all right, title and interest in and to Net Detective and its content, including all copyrights, trademarks, and other intellectual property rights (“Net Detective Content").
You agree that you shall not use Net Detective in any manner that violates any applicable law, regulation, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify Net Detective in any manner or form, (iii) copy, distribute, or create derivative works based on the Net Detective Content, (iv) exploit the Net Detective Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey Net Detective or any elements thereof.
You agree that you shall not use Net Detective, or any information or data you may receive through use of Net Detective (“Data"), for any unlawful purpose. Examples of unlawful purposes include, but are not limited to: stalking or harassing any individual; requesting information under false pretenses; determining the credit worthiness or eligibility of any individual; employment screening; licensing eligibility and any other purpose covered by the Fair Credit Reporting Act.
NOTE: Net Detective is not a “consumer reporting agency" as defined under the Fair Credit Reporting Act (“FCRA"), 15 U.S.C. § 1681 et seq., as amended, and the Data or other information in our databases has not been collected in whole or in part for the purpose of furnishing “consumer reports," as defined by the FCRA. Rather, the Data or other information has been obtained by us as a result of being publicly available to us for our possession, use and dissemination, and the Services and Data are not intended or expected to be used to (a) establish a consumer's eligibility for personal credit or insurance; (b) assess risks associated with existing consumer credit obligations; or (c) evaluate an individual for employment, promotion, reassignment or retention (including employment of household workers such a nannies, housekeepers, or contractors) or in conjunction with assessing the merits of entering into any other personal business transaction with another individual. You agree and understand that you may not and will not use the Services or Data for any of the aforementioned purposes.
You agree and understand that Data provided through Net Detective is intended for your personal use only, and is not to be used for commercial or business purposes. You further agree that you shall not access, reproduce, duplicate, sell, resell, transfer, or exploit any Data for any commercial purposes.
Your violation of any terms of this Agreement may result in automatic termination of the licenses granted hereunder and your right to use Net Detective. We reserve the right at any time to modify or discontinue, temporarily or permanently, Net Detective (or any part thereof) with or without notice. We will not be liable to you or to any third party for such termination or modification.
You must be 18 years of age or older to use Net Detective and purchase any Net Detective services. Any offers of sale are only intended for individuals who are 18 years of age or older. By purchasing or using Net Detective, you affirm that you are 18 years of age or older.
You agree to provide accurate, current, and complete information during the registration process (“Registration Information"). You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your account.
You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information or order numbers by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.
Terms of Purchase
Payment of fees for purchases of Net Detective services must be made with current and valid payment method information (“Payment Information"). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of Net Detective.
After your initial purchase, you will receive a trial to Net Detective public records searches. To cancel your subscription and your first recurring charge, contact Net Detective within the trial period.
Following the trial period, your subscription fees (“Fees") will be billed to the payment method provided as part of your Payment Information on a recurring monthly basis. In return, you will receive a monthly subscription to the following searches: Basic Arrest/Warrant Search, Basic Background Check, Preliminary State Criminal Records Search, Basic Sex Offender Search, People Search by Name, People Search by Address, Reverse Landline Phone search, Reverse IP Search, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Relative Search, Neighborhood Check, and Business Name Search. Please note that the available searches may change without notice.
You agree and understand that except as otherwise indicated, you will be charged Fees regardless of whether your searches yield any results, and regardless of whether such searches or records returned contain incorrect information or no information at all.
You may cancel your Net Detective services at any time. To do so, contact us. Please note that Fees are billed monthly in advance; we will not refund the unused portion of your monthly subscription.
Copyrights and Trademarks
The Net Detective Content is owned by Net Detective and/or its licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. Net Detective and/or its licensors own and retain all rights, including the worldwide copyright, in the Net Detective Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You agree that you will not use the Net Detective Content in any way whatsoever except as in compliance with the terms of this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the Net Detective Content, and you shall not exploit the Net Detective Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You agree not to alter or delete any proprietary notices from Net Detective Content downloaded or printed from the websites.
All brand and product names are trademarks or registered trademarks of Net Detective or their respective owners. You agree that you shall not use any of such without express permission from the trademark owner, except as permitted by applicable law.
Representations And Warranties
You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of Net Detective will comply with all applicable laws, and does not violate the rights, including intellectual property rights, of any third party.
We provide access to Data compiled and maintained by third parties. We do not create, review, verify, or guarantee the accuracy, completeness, appropriateness, or sufficiency of such Data. Net Detective is not necessarily affiliated with, endorsed by, or compensated by these third parties.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Net Detective PROVIDES ALL SERVICES AND DATA “AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Net Detective MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, Net Detective DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
Net Detective DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, Net Detective AND DATA. YOUR USE OF Net Detective AND DATA IS SOLELY AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
Net Detective is not affiliated with the United States Government or any Federal or State government agency.
Limitation of Liability
Net Detective IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE SERVICES, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH Net Detective OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF Net Detective OR DATA, OR FROM THE CONDUCT OF ANY USERS OF Net Detective OR DATA, WHETHER ONLINE OR OFFLINE.
Net Detective, ITS VENDORS, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY DATA OR OTHER INFORMATION MADE AVAILABLE VIA Net Detective. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF Net Detective WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.
You agree to indemnify, defend, and hold harmless Net Detective and its officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Net Detective, the Data, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to terminate or restrict your account and/or access to Net Detective for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of this Agreement. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of Net Detective. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
Any dispute concerning Net Detective, any Net Detective products or services, Data, or this Agreement will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.
This Agreement constitutes the entire agreement between you and us, and governs your use of Net Detective, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of that provision or any other provision of this Agreement.
If you have any questions or concerns about this Agreement or any Net Detective product or service, please contact us.