END USER LICENSE AGREEMENT & SUBSCRIPTION TERMS OF SERVICE
THE FOLLOWING TERMS & CONDITIONS ARE ENTERED INTO BY THE OPERATORS OF THIS WEBSITE (“WE OR US") AND YOU, THE INDIVIDUAL OR ENTITY (INCLUDING, WITHOUT LIMITATION, ANY EMPLOYEE, INDEPENDENT CONTRACTOR, INVITEE OR AGENT OF SUCH ENTITY) ACCESSING OR USING THE SERVICES (“YOU”).
BY PURCHASING & DOWNLOADING/INSTALLING OUR SERVICES OR MOBILE APP AND ANY ASSOCIATED MEDIA FILES, PRINTED MATERIALS OR ELECTRONIC DOCUMENTATION AND ANY OTHER ASSOCIATED CONTENT MADE AVAILABLE FOR DOWNLOAD ON THIS WEBSITE OR THROUGH THE GOOGLE APP STORE AND/OR iTunes (“APP”), YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS CONTAINED IN THIS AGREEMENT, WHICH GOVERNS BOTH YOUR USE OF THE SERVICES OR APP ON ANY DEVICE WHICH THE APP IS INSTALLED UPON BY YOU AND YOUR ACCESS AND USE OF OUR DATA SEARCH PLATFORM ON OUR WEBSITE (“SERVICES”) OFFERED THROUGH WWW.IFINDCHEATERS.COM (“WEBSITE”). BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US, EITHER ON BEHALF OF YOURSELF OR ON BEHALF OF ANY LEGAL ENTITY YOU REPRESENT.
MODIFICATIONS TO THESE TERMS
IF YOU ARE UNDER THE AGE OF 18, YOU ARE RESTRICTED FROM USING THIS WEBSITE.By using this Website and otherwise entering into this Agreement, You represent to us that You are at least 18 years of age.
App End User License
Upon payment of the license fee by You, we grant to You a perpetual, non-exclusive, non-transferable, revocable license for the authorized use of the App by You for the entire Term of your subscription period for the sole purposes the App is intended for use by You the end user as stated on our Website. This license shall include the right to use the App by You, the single user, on multiple devices owned by You. You are responsible for obtaining and operating all equipment and software necessary for You to use and access the App and to connect to the Internet. The App is protected by copyright law, international copyright treatises, as well as other intellectual property laws and treaties. You acknowledge and agree that we own all legal right, title, and interest in and to the App, including any intellectual property rights which subsist in the App (whether those rights happen to be registered or not, and wherever in the world those rights may exist). This App is being licensed to You for your use and is not being sold.
Services Limited Access License
Subject to your continued compliance with the terms & conditions of this Agreement, You are hereby granted a non-exclusive, non-transferable and revocable license and right to access and use the Services including the right to access and use the dashboard located on the password-protected secure area of our Website (“Dashboard”) in order to access our data search platform to conduct searches for the limited purposes stated on our Website and as may be stated herein, including access and use of all materials or applications made available to You through your Dashboard access ("Materials"), for your use. The limited license right of access of the restricted portion of our Website for operation of your Dashboard and all Materials made available thereon is also hereby granted concurrently to any of your employees.This license shall include rights to use the Services for a single named user login and shall terminate upon the expiration of your subscription period without renewal by You.
Global License Restrictions
You are not authorized to: (i) resell or sublicense, outsource, time-share or rent the App, or any portion of the Services or Materials; (ii) distribute, transmit, or publish any portions of the Website to the public or download (other than page caching) or modify any portion of the Website in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Services, the App or any Materials or otherwise attempt to discover any source code or use unauthorized versions of the Services, the App or any Materials for purposes including (without limitation) building a product or service similar to or competitive with the Services or to gain unauthorized access to the Services; or (iv) otherwise use the App, Services or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Services, the App, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to your use of the Services. The Services and all Materials are being licensed and not sold to You pursuant to the terms & conditions of this Agreement. Except as expressly stated herein, this grant of License does not convey any other rights in and to the Services or any Materials contained on restricted portions of this Website, express or implied, or ownership of any applicable Materials or any intellectual property rights. All intellectual property rights not expressly granted herein are reserved by us. You may not use the Services, our App or any Materials contained on this Website in any manner that infringes on the copyrights or proprietary interests of any third party or that is in violation of any law.
General Restrictions on Website Use
Live Chat Support Services
In addition, support services will be made available to You during the Term of your membership through our live chat support system, which you can access on our Website. We will provide general and technical assistance regarding your access and use of the Services, or use of our App generally. You can initiate a support session by logging-on to our Website and accessing the live chat platform, as instructed on our Website.
SMS Mobile Recipient Consent
WE COLLECT ALL MOBILE NUMBERS PROVIDED TO US AND WILL USE SUCH MOBILE NUMBERS TO SEND SMS/MMS MESSAGES PERIODICALLY ABOUT OUR SERVICES.By registering/subscribing to use our Services, You consent to and otherwise authorize us to send such SMS/MMS messages to any mobile phone number provided to us by you pursuant to your use of the Services. We will at all times comply with the Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission Act, all rules and regulations promulgated by the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations that place restrictions on our SMS or MMS message campaigns. We will include clear opt-out/unsubscribe information on any text messages we send to any mobile numbers provided to us and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable. We agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on our DNC list and further agree that we will not initiate any subsequent messages to any such individuals. You represent and warrant to us that You are either the owner/account-holder of any phone number(s) provided to us by You pursuant to this Agreement, or are otherwise authorized to consent to the receipt of such SMS/MMS messages to any such number(s) you have provided on behalf of the recipient.
Intellectual Property Notice
All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any App, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, tags and metatags and other material (collectively "Content") which is protected by copyright, trademark or other proprietary rights by us or affiliates or other third parties. No Content may be used without our prior written consent. We retain all right, ownership, title and interest in all Content, whether or not we have registered for or has been granted any such protections under State and/or Federal law. Subscription Services Term & Automatic Renewal The term of the License and your rights granted herein shall be for an initial term equal to __ days ("Term"). The Term shall begin on and including the day You sign-up to receive the Services, unless otherwise stated in this Agreement, and ending on 11:59 p.m. EDT (GMT-5 hours) on the final day of the Term. This Agreement shall be automatically renewed upon the same terms & conditions for successive terms equal to __ days ("Renewal Term"), unless this Agreement is canceled by You. Each Renewal Term shall begin on 12:00 a.m. EDT (GMT-5 hours) on the day following the last day of the previous Term, or any subsequent Renewal Term.
Subscription Fees & Payment Authorization
If You elect to continue using the Services under our paid SAAS subscription, You agree to pay a subscription fee of $______(“Fee”) for each subscription Term in order to access the Services for the duration of the Term. Your credit card or other payment method You provide will be automatically charged in the applicable amount stated above immediately after the expiration of the Term and upon the expiration of each subsequent Renewal Term, unless otherwise stated in this Agreement.YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO CANCEL THIS AGREEMENT BEFORE THE END OF THE TERM OR ANY SUBSEQUENT RENEWAL TERM WILL RESULT IN AUTOMATIC CHARGES TO YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT METHOD YOU HAVE PROVIDED FOR THE TOTAL AMOUNTS DUE FOR THE SUBSEQUENT RENEWAL TERM AND UPON THE TIME(S) DUE AS STATED UNDER THE TERMS OF THIS AGREEMENT. YOU AGREE THAT FAILURE TO CANCEL THIS AGREEMENT SHALL INDICATE YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC, RECURRING BILLING BY US. YOU AGREE THAT YOU HAVE BEEN GIVEN EVERY OPPORTUNITY TO REVIEW THESE TERMS BEFORE PROVIDING YOUR BILLING INFORMATION.You may cancel your membership at any time before the expiration of the Term or any Renewal Term for any reason by sending an email to accounts@iFindCheaters.com with the subject line "Cancellation." Include your stated desire to cancel in the body of your email and reference the Services. Upon receipt of your email, we will send You written confirmation that this Agreement has been terminated and, upon such termination, we will not debit your credit card or other payment method.
You may terminate your subscription to the Services for any reason or for no reason by sending an email to accounts@iFindCheaters.com with the subject line "Cancellation."Include your stated desire to cancel in the body of your email and reference the Services. Upon receipt of your email, we will send You written confirmation that this Agreement and your right to use the Services has been terminated and, upon such termination, this Agreement will terminate and we will stop debiting your credit card or other payment method. In the event this Agreement is terminated, such termination shall be effective beginning at 12:00 a.m. EDT (GDT-8 hours) the day following the date You send email notice to us. Notwithstanding, If you fail to accept an update or amendment of this Agreement (as described in this Agreement), this Agreement shall automatically terminate. If you choose to terminate your subscription, the terms of this Agreement regarding any content you have uploaded remain applicable. Content stored on our Website may or may not be deleted or retired as a result of your termination. Data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures. We may terminate this Agreement at any time in our sole discretion and terminate your use and access of our Website by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website or Dashboard is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services. Once this Agreement is terminated for any reason, your license to use the Services shall terminate and shall otherwise be revoked by us.
Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Site or the Services.
Registration & Subscriber Accounts
We require that you register and create an account in order to subscribe to the Services offered through our Website. Once you provide the requested information during the registration process, an account will be automatically created. You also warrant and represent to us that any information you provide during registration is accurate and current, and that You are authorized to provide such information. You will be required to maintain and update your registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and/or the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to your Dashboard in order to use the Services. You can use this log-in information to access your Dashboard at any time and You may create a unique user ID and password after you have logged-in for the first time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access your restricted Dashboard on our Website other than has may be expressly allowed under your license rights stated in this Agreement. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information.
Service Fees, Website, App & In-APP Purchase Refund Policy Fees for use of iFindCheaters.com and all our affiliated service sites are posted on the “Available Plans & Pricing” pages, as well as in the respective purchase fields within the User dashboards. You agree to pay any and all fees associated with your use of our databases by providing us with a valid credit card and you thereby certify that you are authorized to use the credit card you provide. You are responsible for (and must pay for) all use of our databases made by any individual(s) using your account. It is every user’s responsibility to monitor their credit card activity. If you suspect that unauthorized use of your account is taking place, you must notify us immediately.
iFindCheaters.com will exert reasonable efforts to deliver the information services to its customers, and to compile the information gathered from selected databases, public records and other sources; provided customer accepts all information "AS IS". This includes but is not limited to: mistakes due to erroneous information provided by the user on the order form as submitted after the user has confirmed the information and acknowledged these terms. Every search that is processed through our systems incurs fixed and/or variable costs for our organization. Furthermore, iFindCheaters.com accesses and is charged for information controlled by third parties and cannot guarantee the accuracy of that information.
As such, all service purchases and App purchases are final and no refunds will be provided to You, either in part or in whole, under any circumstances other than your inability to download an App after your purchase due to any technical issues caused by us. We are not responsible for any device specific issues caused by your mobile device or device software.
By accepting our terms and policies you understand that we take credit card fraud and non-payment very seriously, and we may work with law enforcement agencies and private parties to address these issues if they occur. We further reserve the right to suspend service to any delinquent account without notice. If you have questions about our fees, please contact ushere, before you complete any search.
All purchases are final with no refunds. We are not responsible if a dating activity, criminal record or driving record report states “No Account Found” or "0 records found", those results are possible. We are also not responsible if any record that appears contains incorrect information. Record availability and jurisdictional access protocols vary from county to county and state to state. We encourage users to collect and verify as much information as possible before initiating any search. Orders placed are specific and will include only those parameters specified by you, the user
BEFORE INSTALLING THE APP, YOU MUST ENSURE THAT YOU CHECK THE REQUIREMENTS OF COMPATIBILITY OF THE TARGET DEVICE. WE DISCLAIM ALL RESPONSIBILITY WHETHER ANY DEVICE IS ULTIMATELY COMPATIBLE WITH THE APP AND YOU WILL NOT BE REFUNDED ANY PORTION OF THE PURCHASE PRICE OR ANY PORTION OF ANY ONGOING SUBSCRIPTION FEE IN THE EVENT OF ANY INCOMPATIBILITY WITH ANY DEVICE YOU ATTEMPT TO INSTALL AND USE THE APP UPON.
You shall not in any form export, re-export, ship, divert or cause to be diverted, directly or indirectly, the App to any country for which the United States government, any agency thereof, or any other sovereign government, at the time of export or re-export, requires an export license or other governmental approval without first obtaining such license or approval. Any such unauthorized transfer will result in forfeiture of the license to the App. You shall be responsible for all losses and liabilities for any violations of this section, including but not limited to losses and liabilities resulting from piracy, reverse engineering, cloning, transfer to any country or entity under restriction by the United States government or deliberate misrepresentation of the product. Such losses and liabilities include but are not limited to reasonable legal expenses required to block further unauthorized use of the App and any fines or legal expenses with regard to any regulatory action to address export and technology transfer liabilities and violations.
Children Online Protection Act Notification
DMCA and Trademark/Service Mark Policy
We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). We also have procedures in place for You to protest any notices of alleged infringement of any Content You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.
Indemnification by You
You hereby agree to defend, indemnify and hold us, our officers, directors, employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of the App, our Website and the Services; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; (iv) any credit-card funded payments to us that are reversed, to the extent applicable or (v) your negligence or willful misconduct.
You hereby release us, our officers, directors, employees, agents and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Services including from any transaction, event, occurrence, injury or other damage arising from or related to your use of the App or the Services.If you are a California resident you hereby waive the application to you of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you hereby waive any applicable law that is similar to California Civil Code Section 1542.
AS-IS THIRD-PARTY SEARCH DATA
We will use reasonable efforts to gather the information we provide to You and we compile information gathered from selected public records and other sources. BY USING OUR SERVICES AND ENTERING INTO THIS AGREEMENT, YOU AGREE THAT ALL INFORMATION PROVIDED TO YOU IN CONNECTION WITH ANY SEARCH YOU CONDUCT THROUGH YOUR DASHBOARD USING OUR SEARCH PLATFORM IS BEING MADE AVAILABLE BY US ON A "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE INFORMATION WE PROVIDE OR THAT SUCH INFORMATION WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE INFORMATION. WE DO NOT WARRANT THAT YOUR USE OF THE INFORMATION IS APPROPRIATE OR LEGAL IN YOUR JURISDICTION.
AS-IS MONITORING DATA
BY USING OUR SERVICES AND ENTERING INTO THIS AGREEMENT, YOU AGREE THAT ALL INFORMATION PROVIDED TO YOU THROUGH YOUR DASHBOARD USING OUR DATA INTERFACE IN CONNECTION WITH ANY DEVICE YOU INSTALL THE APP UPON IS BEING MADE AVAILABLE TO YOU ON A "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE INFORMATION WE PROVIDE OR THAT SUCH INFORMATION WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE INFORMATION. WE DO NOT WARRANT THAT YOUR USE OF THE INFORMATION IS APPROPRIATE OR LEGAL IN YOUR JURISDICTION.
Services Down Time Disclaimer
While we strive to keep downtime to a minimum, from time to time the Site and the Services may be unavailable, whether due to periodic maintenance or otherwise. No downtime “credit”, refund or any other type of proration will be provided by us for downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Site at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information); (ii) any reason described in our section regarding Force Majeure; (iii) your inability to connect to or to access the Site or Services due to problems related to your PC hardware, App, network, network setup or security, or your Internet service provider or any other similar problem; or (iv) any other reason. Downtime credit pursuant to this Section will not be issued in connection with any non-paid use including without limitation our initial free-trial period.
GENERAL WARRANTY DISCLAIMER THE APP AND THE CORRESPONDING SERVICES YOU USE ARE BEING MADE AVAILABLE AND SOLD ON A "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE APP, THE SERVICES OR THAT OUR APP OR THE SERVICES WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE APP AND THE SERVICES. WE DO NOT WARRANT THAT YOUR USE OF THE APP OR THE SERVICES ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION. WE ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY, INTERRUPTION OR DELAY OF ANY SERVERS OR WITH TELECOMMUNICATIONS OR THIRD-PARTY SERVICES (INCLUDING DNS PROPAGATION) NECESSARY TO HOST OUR WEBSITE AND/OR TO PROVIDE ACCESS TO ANY SERVICES OR APP OR MATERIALS MADE AVAILABLE THROUGH OUR WEBSITE UNDER ANY CIRCUMSTANCES. THE USE OF THE APP OR THE SERVICES AND THE MATERIALS THEREFROM SHALL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND WITH YOUR UNDERSTANDING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR ANY LOSS OF DATA OR ANY OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY FAILURE THAT ARISES OUT OF YOUR USE OF THE WEBSITE AND THE SERVICES WITH ANY HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION ANY FAILURE RELATED TO OR ARISING FROM YOUR INABILITY TO CONNECT TO OR TO ACCESS THE WEBSITE OR SERVICES DUE TO PROBLEMS RELATED TO YOUR PC HARDWARE, SOFTWARE USED ON ANY DEVICE YOU HAVE INSTALLED THE APP UPON, YOUR NETWORK, NETWORK SETUP OR SECURITY, OR YOUR INTERNET SERVICE PROVIDER OR ANY OTHER SIMILAR PROBLEM.
LIMITATION OF LIABILITY YOU AGREE THAT OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, SUCCESSORS AND/OR ASSIGNS (AS APPLICABLE), SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS AND USE OF THE SERVICES OR THE APP INCLUDING WITHOUT LIMITATION: (A) THE CONDUCT OF YOU OR ANYONE ELSE IN USING THE SERVICES; OR (B) ANY INFRINGEMENT OF ANOTHER PERSON'S RIGHTS, INCLUDING WITHOUT LIMITATION RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY OR DATA PROTECTION. YOU AGREE THAT THE COMPANY'S LIABILITY SHALL IN ALL CASES BE LIMITED TO THE MEMBERSHIP FEES YOU HAVE PAID FOR YOUR ACCESS AND USE OF OUR SERVICES. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers & Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Compliantce with Laws
You are solely responsible for compliance with any laws applicable to your use of the Services the App. You agree to comply with all applicable laws and regulations of the United States and the various provinces and states. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. By purchasing any product from us, You represent that the products ordered will be used only in a lawful manner.
Restricted Access and Use
The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Site and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.
SEARCH DATA STORAGE DISCLAIMER
WE BACK-UP AND STORE ALL DATA FROM SEARCHES YOU CONDUCT THROUGH OUR PLATFORM USING THE SERVICES ON OUR CLOUD BASED STORAGE. WE KEEP THIS DATA DURING THE ENTIRE TIME YOU ARE SUBSCRIBED TO USE OUR SERVICES, BUT WE WILL DELETE ALL SUCH DATA UPON YOUR WRITTEN REQUEST THAT WE DO SO, OR UPON THE TERMINATION OF YOUR SUBSCRIPTION WITH US, WHICHEVER COMES FIRST. NOTWITHSTANDING, WE SHALL HAVE NO RESPONSIBILITY WHATSOEVER TO STORE YOUR SEARCH RESULTS FOR ANY PERIOD OF TIME AND YOU AGREE THAT THAT YOU WILL NOT RELY ON US FOR SUCH PURPOSES AND THAT WE OTHERWISE CONTROL ALL SEARCH DATA AND THE STORAGE THEREOF AT OUR SOLE DISCRETION.
B. Authority.If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.
C. Severability.If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Remedies/Attorney's Fees.In the event of a violation of this Agreement, we shall have each and every remedy available at law or equity in order to address such breach by You. The selection of one remedy shall not preclude the subsequent selection of any other remedy by us as all remedies shall be non-cumulative. In the event any party brings an action to enforce any provisions of this Agreement, whether such action is at law, in equity, or otherwise, and such party prevails in such action, that party shall be entitled, in addition to any other rights or remedies available to it, to collect from the non-prevailing party the reasonable costs and expenses incurred in the investigation preceding such action and the bringing of such action, including but not limited to reasonable attorney fees and court costs.YOU AGREE THAT ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. IF YOU DO NOT FILE A CLAIM WITHIN THE REQUISITE ONE (1) YEAR PERIOD, THAT CLAIM(S) SHALL BE WAIVED AND RELEASED AND YOU SHALL BE FOREVER BARRED FROM ASSERTING THAT CLAIM(S).
E. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in the Superior Court of New Jersey in Warren County, situated in Belvidere, New Jersey, U.S.A. and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process.Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of New Jersey, U.S.A., without regard to any applicable provincial conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
F. Waiver.The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Prior Dealings.No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
H. Assignment.This Agreement inures to the benefit of and is binding upon the parties and their successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
I. Survival.Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
J. No Joint Venture or Partnership.Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
K. Force Majeure.We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party App or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.
L. Fraud & Chargebacks.We store your Identity Information that you submit and that we collect during the registration process and any email communications we receive from you on our active servers. If you elect to terminate your user account with us, we will remove such data from our active servers and archive your data for a period of two (2) years after the date you have terminated your account with us. We do this to avoid fraud and any attempted chargebacks by you after we have provided the services to you. After such time, your Identity Information and all other data we have archived will be purged and deleted forever. However, we may elect to purge your data before the expiration of 2 years from the date you terminate your account, in our discretion, due to any storage capacity issues.
IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES OR YOUR USER DASHBOARD.
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