Last Updated: September 22, 2009
Thanks for visiting PublicBackgroundChecks.com. These rules ("Terms") govern the use of the PublicBackgroundChecks.com web site ("Site"). By using or visiting us, you agree to these Terms and to follow them as well as all applicable laws and regulations governing the Site. We reserve the right to change these Terms at our discretion, when we see fit, and any revisions posted to the Site take effect immediately.
Only personal use is authorized on our site, and unless you have PublicBackgroundChecks.com's written permission, you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. Automating, scripting, scraping or otherwise taking data from the Site in an automated fashion, for re-use or display, is not permitted. Furthermore, the reports we provide are not to be confused with consumer reports, the purposes of which are governed by the Fair Credit Reporting Act (15 U.S.C. ¤1681, et seq.). PublicBackgroundChecks.com owns and retains all proprietary material contained on the Site such as trademarks, content and other proprietary content.
1. USE VOID WHERE PROHIBITED
Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
- Your Account
Full responsibility for a PublicBackgroundChecks.com account rests with the applicable user. This includes, but is not limited to the confidentiality of your account user name, password, and any related activity that occurs under your account user name. Violation of these Terms may warrant the termination of your accounts, removal or modification any account-related content or access (including, but not limited to, user profile information), or any other action that PublicBackgroundChecks.com believes is appropriate, at its sole discretion.
- Links and Results
The Site may produce or reference links to third-party sites throughout the World Wide Web; in turn, third-party sites may produce or reference links to PublicBackgroundChecks.com. Be aware that we have no control over these sites or their content. Moreover, we cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. PublicBackgroundChecks.com does not endorse third-party site content or warrant that they are free from viruses or components that may otherwise impact your computer. You agree and understand that you may not make any claim whatsoever against PublicBackgroundChecks.com for damages or losses resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify Customer Care; PublicBackgroundChecks.com will investigate your claim and take any actions it deems appropriate, at our sole discretion.
- Access and Interference
You will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of PublicBackgroundChecks.com.
- Unauthorized Use
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site; unauthorized use of any robot, spider, or other automated device on the Site; automating, scripting, scraping or otherwise taking data from the Site in an automated fashion to re-use or display in any way; providing fraudulent information to PublicBackgroundChecks.com and our affiliates/partners (i.e., unauthorized/fraudulent credit card information, false names, etc.), or using information obtained from the Site for any purpose covered under the Fair Credit Reporting Act (15 U.S.C. ¤1681, et seq.), will be investigated and subject to appropriate action, including, without limitation, termination of your PublicBackgroundChecks.com account and formal civil, criminal, and injunctive redress.
- Violation of Terms
There may be occasions in which monetary damages do not provide sufficient remedy to PublicBackgroundChecks.com for violations of Terms, and you thereby consent to injunctive or other equitable relief for such violations.
- Proprietary Rights
PublicBackgroundChecks.com owns all legal rights, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with PublicBackgroundChecks.com, nothing in the Terms gives you a right to use any of PublicBackgroundChecks.com trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
PublicBackgroundChecks.com DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT, OR THAT THE INFORMATION ON THE SITE IS COMPLETE OR ACCURATE. PublicBackgroundChecks.com SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SITE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. PublicBackgroundChecks.com CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PublicBackgroundChecks.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PublicBackgroundChecks.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
PublicBackgroundChecks.com disclaims any and all liability for the acts, omissions, and conduct of any third-party users, PublicBackgroundChecks.com users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. PublicBackgroundChecks.com is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site.
PublicBackgroundChecks.com has not considered or assessed the specific risk that any convicted sex offender displayed on the Site will commit another offense or the nature of any future crimes that may be committed. Only information on registered sex offenders allowed to be legally disclosed appears on the Site. Some registered sex offenders are not subject to public disclosure, so that they are not included on the Site. State law does not allow offenses other than the crimes for which the convicted sex offender is required to register to be disclosed on the Site. Extreme care must be taken in the use of information on the Site because mistaken identity may occur when relying solely upon name, age, and address to identify individuals. If you believe that any information on the Site is in error, please contact a police of sheriff's department, or contact the Department of Justice by e-mail at MegansLaw@doj.ca.gov.
In some states, like California, it is illegal to use information obtained through the Site to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. Criminal misuse of this information subjects the person who misuses it to a sentence enhancement, in addition to the punishment for the crime committed. Civil misuse of this information may subject the person to civil damages and penalties pursuant to California Penal Code Section 290.4 (e) (3) A).
Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to PublicBackgroundChecks.com at Customer Care. PublicBackgroundChecks.com may investigate the claim and take appropriate action, at its sole discretion.
3. LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL PublicBackgroundChecks.com BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF PublicBackgroundChecks.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Sacramento.
You agree to indemnify and hold PublicBackgroundChecks.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of the use of the Site by user or user's account.
- Fees, Payment, Fraud, Refunds
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. 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.