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4.) You understand that all information
contained in and re-sold by The Site is compiled
from public records obtained from state, local
and federal government offices and may not be
100% complete or accurate.
5.) You agree to use our information only for
appropriate, legal purposes, and in compliance
with all applicable federal, state and local
laws and regulations.
6.) You agree that our databases and information
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.
7.) Information shall not be provided or resold
to any other person or entity without our prior
written consent.
8.) All searches in The Site's databases are
tracked, and you consent to such tracking and to
the provision of all information about your use
of our databases to law enforcement and others
as may be useful to.
Search Restrictions
1.) You understand and agree that our searches
do not include records that are or have been
sealed and/or expunged.
2.) Juvenile records are not covered. If crimes
were committed before the age of 18, they will
not show up in your search results, even if the
subject is now over the age of 18.
3.) Arrest Records are not covered and will not
appear in our database and/or your search
results.
4.) Warrants of any type are not
covered in our search or searches.
Fees and No Refund Policy
The fee that you are charged to order a instant
search is a search fee only, regardless if any
records are found or not. You understand and
agree to pay the search fee for all responses
returned from our instant searches, even if said
responses include 'zero' or 'no records were
found'.
The Site enforces a 'No-Refund Policy' and will
not refund fees for cases in which you enter
incorrect information, nor is The Site obligated
to rerun a report with corrected information.
Every search that is processed through our
systems incurs fixed and variable costs for our
organization. Whether the search results yield
hundreds of offense records, or none at all,
orders are fulfilled using the same rigorous
standards and certified processes.
Any charge-backs resulting from an order that
falls under the 'No Refund Policy' will be sent
to a collection attorney for immediate
processing and will incur a $50.00 charge in
addition to the disputed amount per disputed
item, and if not paid may results in adverse
effects on the customer's credit report.
You understand that, unless otherwise agreed to
in a writing signed by The Site. The Site will
charge you fees as published on the The Site web
site at the time each search is ordered. The
Site Reserves the right to change the fees
charged for the use of The Site and for use of
The Site's databases, and these terms of use, at
any time for any reason.
Coverage Area
You have read and agree to our search coverage
area for each state. You can view our coverage
at our ordering page by clicking on the 'coverage' link. The
Site is not responsible for the accuracy of the
coverage area, and reserves the right to modify
the coverage area without notice.
Search Results
Your search results will be stored on The Site's
server for 5 (five) days from the date/time of
order. After the 5 days your search results will
be permanently deleted.
SafeStore
The SafeStore option will store your search
results for 30 days from the date of your order
on the The Site's server. The Site is not
responsible for any hardware failure, virus,
connection failure that results in the temporary
and/or permanent loss of any data and search
results stored.
1 Year Monitoring Service
The 1 Year Monitoring Service includes either 2
(two) Instant Statewide searches of the same
state, if you originally ordered a instant
statewide search, or 2 (two) Instant Nationwide
searches, if you originally ordered a Instant
Nationwide search, to be conducted on the
subject details you originally supplied. The
first search will be conducted 6 months after
the original order date, the second (two) will
be conducted 12 months after the original order
date. The complete search results will be
emailed to you, via the email address you
supplied at the date of the original order.
CRIMINAL DATA ONLINE is not responsible if the email address
supplied at the time/date of your original order
is no longer valid. You understand that all
information contained in and re-sold by The Site
is compiled from public records obtained from
state, local and federal government offices and
may not be 100% complete or accurate.
FCRA Restrictions
The Site is not a consumer reporting agency as
defined in the Fair Credit Reporting Act ("FCRA"),
and the information in the CRIMINAL DATA ONLINE databases has
not been collected in whole or in part for the
purpose of furnishing consumer reports, as
defined in the FCRA.
You agree that you shall not use any of The
Site's information 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
employment of household workers such as
babysitters, cleaning personnel, nannies,
contractors, and other individuals),
3.) Any other personal business transaction with
another individual (including, but not limited
to, leasing an apartment).
Some of the information reported by CRIMINAL
DATA ONLINE or obtainable from CRIMINAL DATA
ONLINE's databases, including
all criminal records, constitutes personal
information that is regulated by the Fair Credit
Reporting Act (FCRA). The provisions of the FCRA
can be found at: www.ftc.gov/os/statutes/fcrajan2002.pdf.
You have received the prescribed notice of your
duty as a user of a consumer report under the
FCRA. In cases where you (or your agent or
employer) provide a third party with information
obtained by you from the CRIMINAL DATA ONLINE
web site or CRIMINAL DATA ONLINE's databases, you will provide all such
third parties with the prescribed notice of
their duties as a user of a consumer report
under the FCRA.
Governing Law
These terms and conditions are governed by and
shall be construed in accordance with the laws
of the state of Florida, without regard to
conflicts of law provisions. You hereby consent
to the exclusive jurisdiction of and venue of
the courts in, Florida for all legal actions
related to The Site, The Site's databases, or
this Agreement. This Agreement constitutes the
entire Agreement between CRIMINAL DATA ONLINE
AND 24 DATA INC, and you, and
it supersedes all prior or contemporaneous
communications, promises and proposals, whether
oral, written or electronic. If any provision of
this Agreement is deemed void, unlawful or
otherwise unenforceable for any reason, that
provision shall be severed from this Agreement
and the remaining provisions of this Agreement
shall remain in force.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS
CRIMINAL DATA ONLINE
AND/OR 24 DATA INC ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR
ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY'S FEES
AND EXPENSES INCURRED BY CRIMINAL DATA ONLINE
AND/OR 24 DATA INC, IN DEFENDING
ANY CLAIM FOR DAMAGES) RESULTING FROM
INFORMATION DERIVED FROM SEARCHES YOU PERFORMED
ON THE SITE OR THE SITE'S DATABASES.
DISCLAIMER OF WARRANTIES
You make each of the above statements and
certifications with respect to you personally,
as well on behalf of your employer and any other
person or entity to which you provide reports or
information based on data obtained from The
Site's databases. you have the authority to act
on behalf of all such other persons or entities
in making these statements and certifications.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE
SITE AND\OR THE SITE'S DATABASES IS ENTIRELY AT
YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT
CRIMINAL DATA ONLINE WILL NOT BE RESPONSIBLE TO YOURSELF OR ANY
THIRD PARTIES FOR ANY DIRECT OR INDIRECT,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR
LOSSES INCURRED IN CONNECTION WITH MY USE OF THE
SITE OR THE SITE'S DATABASES, REGARDLESS OF THE
TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF CRIMINAL DATA ONLINE AND/OR 24
DATA INC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS.
We provide this
information for your reference ONLY and you
agree to hold CRIMINAL DATA ONLINE AND/OR 24
DATA INC, it’s employees, agents, or any
affiliates harmless in the event of any
disputes. You should use good judgment and
caution when interpreting any results that we
may provide as this information is provided as
REFERENCE MATERIAL ONLY! The information
although obtained from official records CANNOT
and should NOT be assumed to be accurate.
Official certification can only be made from
official record keepers of this information and
our service is NOT an official record keeper. We
obtain this data from a third party provider and
do not change the information in any way except
for the depiction of the data as you see it on
your screen. |
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