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You may use our Services only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable U.S. local, state, national laws, rules and regulations. Anyone under 18 is strictly prohibited from using our Services and from creating an account for our Services. We reserve the right to request any buyer or user of our Services to provide written proof of age in any form.
Use of Our Services
Due to the nature of public record information, the public records and commercially available data sources used in connection with our Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Services are not the source of data, nor are they a compilation of the data. If you would like to remove your information from our Services, please contact our Customer Service Department toll free at 855-345-7464.
You represent and warrant that all of your use of our Services shall be for only legitimate purposes. You shall not use our Services for collections, governmental, or advertising purposes or resell or broker services to any third-party. You shall not use our Services to provide data processing services to third-parties or evaluate the data of or for third-parties. You shall not access our Services from Internet Protocol addresses located outside of the United States and its territories without our prior written approval. In any event, you understand and agree that (i) our Services are provided to you in the United States at the point at which you access our mobile app, web app and server facilities; and (ii) we make no representation regarding the legality of accessing our Services from outside of the United States and its territories.
You may not use Services to create a competing product. You shall comply with all laws, regulations and rules which govern the use of our Services and information provided therein.
You acknowledge that our Services may include personally identifiable information and it is your obligation to keep all such accessed information confidential and secure.
To obtain access to our Services, subscribers are required to register for an account. Registration is initially available to anyone of requisite age and is limited to one registration per user. By registering for our Services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by our registration process (the “Registration Information”) and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access and refuse you any and all use of our Services. Registrants have the right to terminate their account at any time by sending an e-mail to an address provided in our Services.
You agree that if any information you supply to us changes, you will amend or resubmit that information to us. In addition, you agree to abide by all applicable laws and regulations with respect to your use of our mobile app, web app and/or our Services. You also acknowledge and agree that use of the Internet and our mobile app, web app and/or Services are solely at your own risk. While we have used commercially reasonable efforts to create a secure and reliable mobile app, web app and Services, the confidentiality of any communication or material transmitted to/from our mobile app, web app and/or Services over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, we are not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on our mobile app, web app and/or Services, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
As part of the registration, we require you to choose a user name and password. If you do so, you are responsible for maintaining the confidentiality of your password and account. In selecting a user name, you agree that you will not (a) select or use a user name that is the name of another person with the intent to impersonate that person; (b) use a user name subject to the rights of any person without their authorization; or (c) use a user name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify us immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile our mobile app or web app or otherwise attempt to extract the source code of our software used to provide the Services or any part thereof. You may not distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, our Services or any related software. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through our Services. Except as otherwise agreed in writing by us, you may not assign (or grant any other sub-license of) your rights to use our Services or data or otherwise transfer any part of your rights to use or sublicense our Services or data.
At some point we may wish to update our mobile app, web app and/or Services and/or the requirements for your system may change, and you will need to download the updates if you want to keep using our Services. We do not promise that we will always update our mobile app, web app and/or Services so that the Services are relevant to you or works with the version that you have installed on your device. However, you agree to always accept updates to the Services and related software when offered to you.
We may also wish to stop providing our Services, then we may terminate use of our Services at any time as provided in our Conditions of Sale. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end and (b) you must stop using our Services.
Fair Credit Reporting Act (FCRA) Notice
THE COMPANY IS NOT A CREDIT REPORTING AGENCY (“CRA”) FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
You may not use any information obtained from us in connection with our Services to determine a prospective candidate’s suitability for:
- Health insurance or any other insurance,
- Credit and/or loans,
- Education, scholarships or fellowships,
- Housing or other accommodations, or
- Benefits, privileges or services provided by any business establishment.
You also agree that you will not use our Services to provide instructional information about illegal activities or to advance physical harm or injury to any group or individual.
You also agree that you will not use our Services or any information derived from them in connection with any purpose or personal information covered under Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act, Driver’s Privacy Protection Act, the Children’s Online Privacy Protection Act, FCRA, and all similar laws at the state level.
You release the Company from all liability for you having acquired or not acquired Content through our Services. Our Services may contain, or direct you to web sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through our Services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our Services.
Our Services contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through our Services.
If you download or print a copy of the Content from our Services for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our mobile app, web app or other Services or features that prevent or restrict use or copying of any Content from our mobile app, web app or other Services or enforce limitations on use of our Services or the Content therein. You may not reproduce, print, cache, store or distribute Content retrieved from our Services in any way, for any commercial use without our the prior written permission.
We may use your Subscriber Submissions that you make publicly available on our Services in a number of different ways in connection with our Services, and/or our business as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it and distributing it. By submitting for public availability Subscriber Submissions on or otherwise through our Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Subscriber Submissions in connection with our Services, any of our web sites and/or our (and our successors and assigns’) business, including without limitation for promoting and redistributing part or all of our web sites and/or our Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of our Services and/or any of our web sites, a non-exclusive license to access your publicly available Subscriber Submissions through our Services and/or any of our web sites. For clarity, the foregoing license grant to us does not affect your other ownership or license rights in your Subscriber Submission(s), including the right to grant additional licenses to the material in your Subscriber Submission(s), unless otherwise agreed in writing with the Company.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You also acknowledge and agree that such Subscriber Submissions are non-confidential for all purposes and that we have no control over the extent to which any idea or information within a Subscriber Submissions may be used by any party or person once such content is posted or displayed on our mobile app, web app and/or our Services. You will not be compensated for any Subscriber Submissions used by us . You agree that we may publish or otherwise disclose your name in connection with your Subscriber Submissions. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on our Services, we have not become and are not a publisher of such information, content, and materials and are merely functioning as an intermediary to enable you to provide and display a Subscriber Submissions. Moreover, we assume no responsibility for the deletion of or failure to store any Subscriber Submissions and recommend that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Subscriber Submissions.
You understand that all information publicly posted or privately transmitted through our Services is the sole responsibility of the person from which such Content originated; that we will not be liable for any errors or omissions in any Content; and that we cannot guarantee the identity of any other subscribers with whom you may interact in the course of using our Services.
When you delete your Subscriber Submissions, they will be removed from our Services. However, you understand that any removed Subscriber Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with subscribers who have previously accessed or downloaded your Subscriber Submissions.
You Agree Not To Use Our Services To:
- Make any submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Make any submission you know is false, misleading, untruthful or inaccurate;
- Harm or threaten to harm subscribers in any way;
- Stalk or otherwise harass any other person or entity;
- Submit anyone’s identification documents or sensitive financial information;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Attempt to gain unauthorized access to (a) any portion or feature of our mobile app, web app or Services (b) any other systems or networks connected to our mobile app, web app or Services, (c) any of our servers, or (d) any of the services offered on or through our mobile app, web app and/or Services, by hacking, password “mining,” or any other illegitimate or prohibited means;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose;
- Use the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account or selling or otherwise transferring your profile;
- Disseminate or transmit any content that infringes or violates any person’s copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not intentionally or in a manner that could damage, disparage, or otherwise negatively impact the Company;
- Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise the origin of any submission;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt our mobile app, web app, our Services or servers or networks connected to our mobile app, web app, Services or web site, or disobey any requirements, procedures, policies, or regulations of networks connected to our mobile app, web app, our Services or any of our web sites;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Company systems or networks or any systems or networks connected to our mobile app, web app and/or Services;
- Harvest, scrape, use any “deep link,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of our mobile app, web app and/or Services or in any way reproduce or circumvent the navigational structure or presentation of our mobile app, web app and/or Services in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through our mobile app, web app and/or Services;
- Probe, scan, or test the vulnerability of our mobile app, web app or Services or any network connected to our mobile app, web app, or Services or breach the security or authentication measures on our mobile app, web app, Services or any network connected to our mobile app, web app and/or Services;
- Publicly display, republish, repurpose, sell, trade, or in any way exploit our mobile app, web app, Services or Content except as expressly authorized by us ;
- Engage in any activities that would violate the personal privacy rights of others; or
By submitting, posting or displaying on or through our Services any feedback, concepts, ideas and suggestions (“Postings”), you give us a worldwide, royalty-free, sub-licensable and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such Postings for any purpose and in any medium worldwide (including incorporating the Postings into our Services) without any obligation to compensate you or any other third party in any way for any such use, and you hereby expressly waive any claim to the contrary.
Company Intellectual Property
No portion of our Services may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by us.
Links to Third Party Sites and Services
Our Services may include links to third party web sites, services and/or other resources. Your dealings with advertisers and third party vendors found on or through our Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Because we have no control over such web sites, services and resources, you acknowledge and agree that we are not responsible for the availability of such external sites, services or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those web sites.
Termination of Your Use of Our Services
Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to our Services, even if advised of a claim for damages. If you wish to terminate your account, you may do so. Any fees paid hereunder are non-refundable.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR MOBILE APP, WEB APP, SERVICES, CONTENT AND/OR USER SUBMISSIONS IS AT YOUR SOLE RISK AND THAT OUR MOBILE APP, WEB APP, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, COMPANY, ITS AFFILIATES, ITS THIRD PARTY DATA PROVIDERS, SUPPLIERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF OUR SERVICES, CONTENT AND/OR USER SUBMISSIONS WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF OUR SERVICES, CONTENT AND/OR USER SUBMISSIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) THAT THE CONTENT AND/OR USER SUBMISSIONS ARE ACCURATE, RELIABLE OR CORRECT,
(D) ANY INFORMATION OR DATA OBTAINED BY YOU AS A RESULT OF YOUR USE OF OUR SERVICES, CONTENT AND/OR USER SUBMISSIONS WILL BE ACCURATE OR RELIABLE,
(E) ANY INFORMATION OR DATA ACCESSED WHILE USING OUR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES, AND
(F) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF OUR MOBILE APP, WEB APP AND/OR SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES, CONTENT AND/OR USER SUBMISSIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ACKNOWLEDGE AND AGREE THAT WE OBTAIN OUR INFORMATION AND DATA PROVIDED IN CONNECTION WITH OUR SERVICES FROM THIRD-PARTY SOURCES, WHICH MAY OR MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND THAT YOU SHALL NOT RELY ON US FOR THE ACCURACY OR COMPLETENESS OF INFORMATION AND DATA SUPPLIED IN CONNECTION WITH OUR SERVICES. WITHOUT LIMITING THE FOREGOING, ANY CRIMINAL RECORD DATA THAT MAY BE PROVIDED BY US IN CONNECTION WITH OUR SERVICES MAY INCLUDE RECORDS THAT HAVE BEEN EXPUNGED, SEALED, OR OTHERWISE HAVE BECOME INACCESSIBLE TO THE PUBLIC SINCE THE DATE ON WHICH THE INFORMATION OR DATA WAS LAST UPDATED OR COLLECTED. YOU UNDERSTAND THAT YOU MAY BE RESTRICTED FROM ACCESSING CERTAIN INFORMATION AND MATERIALS WHICH MAY BE OTHERWISE AVAILABLE. WE RESERVE THE RIGHT TO ADD MATERIALS AND FEATURES TO, AND TO DISCONTINUE OFFERING ANY OF THE MATERIALS AND FEATURES THAT ARE CURRENTLY A PART OF OUR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES, CONTENT AND/OR SUBSCRIBER SUBMISSIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE REPRESENTATIONS AND DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW, INCLUDING NEW JERSEY.
Limitation of Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, ALL LIABILITY OF COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, THIRD-PARTY DATA PROVIDERS, AND/OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF OUR MOBILE APP, WEB APP, SERVICES, CONTENT, ANY DATA ACCESSED WHILE USING OUR MOBILE APP, WEB APP OR SERVICES AND/OR SUBSCRIBER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THE USE OF, OR THE INABILITY TO USE, OUR MOBILE APP, WEB APP, OUR SERVICES, CONTENT AND/OR SUBSCRIBER SUBMISSIONS, INCLUDING ANY DATA ACCESSED WHILE USING OUR MOBILE APP, WEB APP AND/OR SERVICES (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR MOBILE APP, WEB APP, OUR SERVICES AND/OR WEB SITE, (E) RELIANCE ON CONTENT, SUBSCRIBER SUBMISSIONS AND/OR OTHER SUBMISSIONS ON OUR MOBILE APP, WEB APP AND/OR OUR SERVICES OR (F) ANY OTHER MATTER RELATING TO OUR MOBILE APP, WEB APP, OUR SERVICES, CONTENT AND/OR THE SUBSCRIBER SUBMISSIONS. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL WE HAVE ANY DIRECT LIABILITY HEREUNDER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, INCLUDING IN NEW JERSEY.
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, WE ARE FOUND LIABLE UNDER ANY THEORY, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, SUPPLIERS AND THIRD-PARTY DATA PROVIDERS, UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO OUR MOBILE APP, WEB APP AND SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100. THIS LIMITATION OF LIABILITY IS UNENFORCEABLE AND INAPPLICABLE IN CERTAIN STATES, INCLUDING IN NEW JERSEY. CONSUMERS IN THOSE STATES HAVE ADDITIONAL RIGHTS.
Indemnification and Release
You release us from all liability relating to your connections and relationships with other subscribers. You understand that we do not, in any way, screen subscribers, or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of subscribers or the veracity of any information subscribers provide. In no event shall we be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with our mobile app, web app and/or other Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with subscribers or persons you may otherwise come into contact with through our mobile app, web app and/or other Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through our mobile app, web app and/or other Services.
Notwithstanding anything in these terms to the contrary, this indemnification and release provision does not apply in New Jersey.
Mobile App, Web App and Services Security
Actual or attempted unauthorized use of our mobile app, web app and/or Services may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the unqualified right to view, monitor, and record activity on our mobile app, web app and/or Services without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of our mobile app, web app and/or Services is subject to review by law enforcement organizations in our sole and absolute discretion. We will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, we reserve the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to our mobile app, web app and/or Services or any portion thereof.
Arbitration and Class Action Waiver
EXCEPT WHERE PROHIBITED BY LAW, YOU AND COMPANY UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY, ITS PARENTS, AFFILIATES OR RELATED COMPANIES (INCLUDING DISPUTES AGAINST ANY AGENT, EMPLOYEE, SUBSIDIARY, AFFILIATE, PREDECESSOR IN INTEREST, SUCCESSOR, OR ASSIGN OF THE OTHER), SUPPLIERS AND PROVIDERS RELATING TO OUR MOBILE APP, WEB APP AND/OR SERVICES, THE INFORMATION AND CONTENT OBTAINED ON OR THROUGH OUR SERVICES, ANY TRANSACTION OR RELATIONSHIP BETWEEN US RESULTING FROM YOUR USE OF OUR SERVICES, COMMUNICATIONS BETWEEN US, OR THE PURCHASE, ORDER, OR USE OF OUR SERVICES, THE INFORMATION PROVIDED IN CONNECTION WITH OUR SERVICES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A FLORIDA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
The following procedures shall apply:
(a) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein.
(c) Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
(d) If for any reason AAA is unavailable, the parties shall mutually select another arbitration forum.
TO THE EXTENT PERMITTED BY LAW, BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above and to the extent permitted by law, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. TO THE EXTENT PERMITTED BY LAW, YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, SUPPLIERS, PROVIDERS, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SERVICES.
TO THE EXTENT PERMITTED BY LAW, YOU ALSO AGREE THAT ANY BREACH OF THESE TERMS BY YOU WOULD CAUSE COMPANY IRREPARABLE HARM AND THAT, IN ADDITION TO MONEY DAMAGES, COMPANY SHALL BE ENTITLED TO INJUNCTIVE RELIEF, WITHOUT HAVING TO POST BOND.
Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). We will promptly terminate without notice any user’s access to our Services if that subscriber is determined by us to be a repeat infringer. If you are a copyright owner or an authorized agent thereof (“Copyright Owner”) and believe that any content on our Services infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3) of the DMCA. This notification of claimed infringement must be a written communication provided to our designated agent that includes the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, for example, a URL;
(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
(e) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this provision, your DMCA notice may not be valid.
Our registered and designated copyright agent to receive notifications of claimed infringement is: InPhonex.com LLC, Legal Department, 7206 NW 31st Street, Miami, Florida 33122. Alternatively, please email email@example.com with your inquiries.
Governing Law; Jurisdiction; Attorneys’ Fees
Our mobile app, web app and Services (excluding linked sites) are controlled by us from our offices in Florida, United States of America. Although a purchase of or subscription to our Services from outside the United States is strictly prohibited, our Services can be accessed worldwide. As each of these jurisdictions has laws and regulations that may differ from those of Florida, by accessing our mobile app or web app or purchasing, subscribing, or otherwise using the Services, you and the Company agree that the laws of Florida (expect for conflicts of laws principles) will apply to all matters relating to use of our Services. If for any reason, the arbitration provision required above is deemed inapplicable or unenforceable, exclusive jurisdiction must lie with the courts of Florida in the county of Miami- Dade for all disputes, actions or proceedings arising out of or relating to your use of our mobile app, web app and/or Services. In any dispute that arises out of the relationship of the Company and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs.
Notwithstanding the terms above, certain provisions set forth above including disclaimer of warranties, limitation of liability and indemnification and release shall not apply to New Jersey residents pursuant to the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18.
No Other Agreements Between Us
You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
You agree to comply with all applicable laws regarding your use of our Services, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.