PLEASE BE ADVISED: YOU SHOULD READ THESE TERMS CAREFULLY, AS THEY CONTAIN VITAL INFORMATION REGARDING OUR DISPUTE RESOLUTION CLAUSE AND YOUR RIGHTS AND OBLIGATIONS.
This Terms of Service agreement (hereafter referred to as "Agreement") legally binds you and SexOffender.com™ (hereafter referred to as "we" or "our"), in addition to governing the way you use the SexOffender.com™ website (hereafter referred to as "the Website"):
Agreement to Terms
You should be aware that at any time, at our discretion, the terms of this Agreement may be changed without directly informing you. Any modifications to this Agreement are immediately effective upon their creation and posting; if you continue to use the Website, you imply that you consent to the most recent terms and Agreement.
In order to ensure you are informed of any changes to this Agreement, you should review them occasionally; it is your sole responsibility to remain informed. If, at any time, you do not agree to any changes or modifications to the terms of this Agreement, you may remedy the situation by simply discontinuing your use of the Website.
Data on the Website
The Website allows you to conduct searches of various public records. These records are neither created nor maintained by us, and we have no control over the accuracy or completeness of information (hereafter referred to as the "Data") returned during these searches.
If you have further questions regarding the Data, you may visit the Warranties section found below. Questions or disputes about Data must be directed to the responsible official government office that maintains the Data in question.
Use of Data
By using the Website, you agree that any searches you conduct will only result in lawful use of the Data. Such uses can include, but are not limited to: (1) fraud prevention; (2) asset verification; (3) finding heirs or beneficiaries, criminals and witnesses; (4) researching Data for debt collection purposes; (5) enforcing child support; and (6) complying with all local, state and federal laws and regulations.
You also agree that you will not use the Website or any Data for unlawful purposes, which include but are not limited to: (1) stalking or harassing any person; (2) requesting or obtaining information under false pretenses; and (3) any purpose prohibited by law (hereafter referred to as "Unlawful Purposes").
Furthermore, by using the Website you agree not to access, reproduce or copy in any way, sell, resell, transfer or exploit the Data for commercial purposes.
NOTE: SexOffender.com™ is not a consumer reporting agency as defined under the Fair Credit Reporting Act (FCRA). The information found in our databases has not been collected in any way for the purpose of furnishing consumer reports as defined by the FCRA. Thus, you cannot use our Website or Data in order to: (1) examine an individual's eligibility for insurance or personal credit; (2) assess the risks associated with existing consumer credit obligations; or (3) evaluate an individual for employment, promotion, reassignment or retention (including employment of household workers such as nannies, housekeepers, or contractors) or in conjunction with assessing the merits of entering into any other personal business transaction with another individual (hereafter referred to as "Unauthorized Purposes").
Copyrights and Trademarks
The Website and information contained within it are solely owned by SexOffender.com™ and/or its licensors. Such information can include, but is not limited to, graphics and editorial content (hereafter referred to as "SexOffender.com™ Content"). SexOffender.com™ Content is under the protection of copyright, trademark, patent, trade secret and other applicable laws. The rights and worldwide copyright of SexOffender.com™ are owned and retained exclusively by the Website and its licensors, and shall remain intact for the duration of each as outlined by each country, in all languages, throughout the universe.
You agree not to use the Website for any purposes except as a compliant user as defined in this Agreement. Logos or marks found throughout the Website may not be used without the express permission from the owner of the trademark of any mark or logo, unless permitted by applicable laws.
Third parties maintain the Data accessed by the Website. We do not create, verify or guarantee the Data's accuracy, completeness or appropriateness. SexOffender.com™ is also not necessarily compensated, endorsed by or affiliated with these third parties.
DATA ACCESSED ON THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES, EITHER EXPRESSED OR IMPLIED. SEXOFFENDER.COM™ DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, UNDER APPLICABLE LAWS. THESE INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: WARRANTIES OF MERCHANTABILITY, PHYSICAL OR OTHER FITNESS FOR A SPECIFIED PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF A PARTY'S RIGHTS. YOU ASSUME ALL RISK ASSOCIATED WITH USING THE DATA, AS SEXOFFENDER.COM™ DOES NOT PROVIDE WARRANTIES OR REPRESENTATIONS REGARDING THE USE, ACCURACY, RELIABILITY OR VALIDITY OF THE DATA OR ANY RESULT OF USING THE DATA.
Limitation of Liability
If you have any dispute with SexOffender.com™, the exclusive remedy and our liability is to discontinue your use of the Website. We, along with our vendors, will not be held liable for any damages of indirect, special, incidental, consequential or exemplary nature as a result from using the Website. We will also not be held liable for claims arising as a result of use of the Website. Damages excluded include, but are not limited to, those for lost profits and goodwill, lost data, computer failure or malfunction, work stoppage and any other commercial damages or losses. This is true regardless of the legal or equitable theory upon which the claim is based, or whether we had been notified of the possibility of such damages. Our liability and that of our vendors will be limited to applicable statutes in jurisdictions where limited liability and excluded liability for consequential or incidental damages are not allowed.
Data Opt-Out Requests
Any requests for your information to be removed from our databases and search results must be submitted according to our Data Opt-Out Policy, found here.
You hereby agree to indemnify, defend and hold harmless from any loss, liability, claim or demand, the following: SexOffender.com™, its directors, officers, employees, affiliates, agents, contractors, licensors and subsidiaries. This applies to any and all damages, including reasonable attorneys' fees, resulting from claims of a third party as a result of: (1) you violating this Agreement while using the Website or Data; (2) misuse of the Website or Data for unlawful/unauthorized purposes; and/or (3) violating any laws, rights of a third party or breach of this Agreement.
We reserve the right to restrict or terminate your account and ability to access the Website, without limitation, at any time for any reason or no reason whatsoever. This includes termination due to our opinion that your use of the Data and/or Website is unacceptable or violates this Agreement. We are also under no obligation to issue a warning prior to any such termination or restriction. If a third party causes your account to be restricted/terminated, we are also not liable to you or the third party. We further reserve the right to terminate any content, in whole or in part, of any website without notice or liability.
As a convenience, we may provide hyperlinks within the Website to third-party sites. This should not be construed as an endorsement or proof of our control over such a site, including any goods or services that are sold through these third-party locations. Some third-party sites may also include objectionable, unlawful or inaccurate information, and you hereby agree and acknowledge that we are not liable for such material.
Use of Ideas Submitted
By submitting any comments, suggestions, information, concepts, reviews, techniques or other information (hereafter referred to as "the Ideas") to SexOffender.com™ or one of its representatives, you agree that we may use them without obligation for compensation. This applies regardless of whether we use them for commercial purposes. This also encompasses using the Ideas to develop or market products and services on the Website.
If any dispute arises as a result of this Agreement, the Website and/or Data, it shall be resolved via arbitration in Boston, Massachusetts, according to the Commercial Arbitration Rules of the American Arbitration Association. Judgment passed by the Arbitrator(s) will be entered into any court having jurisdiction over the matter. By agreeing to this binding arbitration, you waive your right to trial by jury and acknowledge that this arbitration agreement is voluntary and not required by law. If any dispute or legal claim arises from either party concerning fees or costs, the prevailing party is also entitled to compensation for reasonable attorneys' fees in addition to any other monies awarded.
Should any court find any part of this Agreement to be invalid, the remaining parts in the Agreement are not affected and will remain in full force and effect. Furthermore, a waiver of any provision in this Agreement shall not be a continuing waiver of this or any other provisions.
Any and all Data, materials, products, services and features of the Website may be changed, withdrawn or added to without advance notice.
Neither we nor the Website is affiliated in any way with the United States Government or any state or federal government agency.