Terms of ServiceEffective Date: September 1, 2010
These Terms of Service ("Terms of Service" or "Agreement") govern your use of the PeopleSmart.com website ("Website") and all purchases you make from PeopleSmart.com ("we", "us", "our"). Please read these Terms of Service carefully before using the Website. By using the Website, or placing an order with us, you agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Website or place an order with us.
1. Access to Our Services
Subject to these Terms of Service (including your payment of applicable fees), we grant you a limited, revocable, nontransferable, nonexclusive license to access and use our database search services ("Services") on our servers, solely for the purpose of performing lawful searches for your own internal uses in compliance with these Terms of Service. The information available via our Services is currently restricted to U.S. customers and information only. Any and all access to our servers is conditioned upon strict compliance with these Terms of Service.
In order to use the Services, you must register for an account with us and provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may cancel your account at any time, and for any reason, by following the instructions on the Website. We may suspend or terminate your account in accordance with these Terms of Service.
You shall be responsible for ensuring the security and confidentiality of your username and password. You shall not transfer such username and password. Your username and password may only be used to access the Services during one (1) concurrent login session by you. You agree not to allow any third party to use your username or password. You shall notify us promptly of any actual or suspected unauthorized use of your username or password or any other breach or non compliance with these Terms of Service. You acknowledge and agree that you will be fully responsible for all liabilities incurred through use (whether lawful or unlawful) of your username and/or password.
2. General Restrictions
You agree to use our Services only for legal, internal-use purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that our Services and any information derived therefrom may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the Service to look up celebrities or other public persons, or to locate individuals under the age of 18. Systematic access to or any extraction of content from the Website or database(s), including the use of "bots", "spiders," or "scraping" technology within a browser or browser-like program is strictly prohibited and constitutes grounds for suspending or terminating your account in accordance with these Terms of Service. We prohibit caching, unauthorized hypertext links to the Website and the framing of any content available through the Website. We reserve the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Website and its affiliated websites to anyone without our express prior written consent. You may not: (a) use or permit the use of data accessed via the Services to prepare a database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; or (b) use or permit the use of Services data for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party. The data available from the Services is not intended to be used in legal proceedings.
3. Fees, Credits, Payments, Disputes and Reversals
You agree to pay the fees applicable to the Service(s) you use, as described on the Website. Access to certain of our Services is purchased for unlimited use over a period of time, while access to other Services is purchased for one time use. You may also purchase Credits. A "Credit" is a limited right to obtain certain of our Services that is part of your account and subject to these Terms of Service. Certain Services may require multiple Credits. Credits are not redeemable for money. Any purchase of Credits is nonrefundable. Credits are valid for twelve months from the date of purchase. If unused by the one year anniversary of being credited to your account, your credits will expire and be removed from your account. We may change the purchase price for Credits at any time as well as the number of Credits required for using certain of our Services. We reserve the right to stop issuing Credits. Credits are nontransferable.
We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
We want you to be satisfied. If no information can be found for your search you may be given Credits for another search or you may request a refund on our Website, by emailing firstname.lastname@example.org or by calling 888-813-0008. All sales are final after 60 days.
4. Free Trials
We encourage the use of our Services through free trials. Free trials generally last for one week for eligible new members. Free trials are only available to first time customers. You must have internet access and a valid payment source to redeem a free trial offer. Upon registering for your free trial, your payment source will be authorized for up to approximately one membership period of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the payment source unless you do not cancel prior to the end of your free trial membership period. We will begin billing your payment source for membership fees corresponding to your membership period at the end of your free trial unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT SOURCE. We will continue to bill your payment source on a recurring basis on the anniversary of your membership period until you cancel. You may cancel your membership at anytime, and cancellation will be effective immediately. We do not provide refunds for any partial membership periods.
5. FCRA Restrictions
We are not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA.YOU SHALL NOT USE OUR SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
Minors (i.e., those under 18 in most states) are not eligible to use our Website or our Services.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, services 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 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 third parties.
We may terminate or suspend access to this Website, our Services and your account immediately, without prior notice or liability, if you breach any of these Terms of Service. Upon termination, your right to use our Website and Services will immediately cease. If you wish to terminate your account, you may simply opt out of our Services through our Website. The following provisions of the Terms of Service shall survive termination, including, without limitation, Sections 2, 3, and 9 – 18.
10. Disclaimer of Warranties
The information in our databases has been compiled from public records, user submissions, and other sources for the specific purposes of (1) locating individuals, property and businesses, and/or (2) providing general background information about individuals and businesses. THE SERVICES AND INFORMATION ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND NEITHER WE NOR ANY OF OUR DATA SUPPLIERS REPRESENTS OR WARRANTS THAT THE INFORMATION IS CURRENT, COMPLETE OR ACCURATE. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE OR OUR SERVICES, AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
You agree that you shall indemnify, defend and hold harmless PeopleSmart.com, its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our Website and/or Services against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website and/or Services and your use or distribution of any information obtained therefrom.
This Terms of Service is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website and/or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The Website, the Services, and all information contained therein including all worldwide intellectual property rights therein, are the exclusive property of PeopleSmart.com and its suppliers. All rights in and to the Website and Services not expressly granted to you in this Agreement are reserved by PeopleSmart.com and its suppliers. There are no implied licenses in this Agreement. You agree not to remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of PeopleSmart.com or its suppliers on or within the Website and/or Services.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Service and our rights and obligations without your consent. These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California.
PeopleSmart.com, and our other Website graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to consumers or other users or recipients or the trademark.
Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. The Website and Services are provided by Inflection LLC (d/b/a PeopleSmart.com), P.O. Box 391146, Omaha, NE 68139.
18. Electronic Communications
The communications between you and us use electronic means, whether you visit the Website or send us e-mails, or whether we post notices on the Website or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
P.O. Box 391146
Omaha, NE 68139