iinfosearch.com Agreement
Terms & Conditions:
This agreement sets forth the terms and conditions
under which the web site known as iinfosearch.com may be used. Please
read all the information contained in this agreement. Use of
this service is expressly contingent upon agreement to the terms and
conditions set forth herein.
DEFINITIONS:
Customer: You, your affiliate, subsidiaries, dba’s, shareholders,
directors, predecessors, successors, assigns agents, attorneys, employees,
and representatives of every nature.
SearchBug: SearchBug, Inc., dba iinfosearch.com and or any of
its affiliates, subsidiaries, dba’s, shareholders, directors, predecessors,
successors, assigns, agents, attorneys, employees, and representatives
of every nature.
Third Parties: A person or entity that is not a party to this contract,
but has an involvement (such as, but not limited to, one who is a buyer
from or seller to one of the parties to this agreement, otherwise provides
services or is the subject of or a relation to any subject(s) of any
information request).
Data: For the purpose of this agreement, data is defined as any address,
phone number, DMV information, and/or Social Security Number information
provided to me by SearchBug, which will allow me direct or indirect (through
a third party) contact with the party sought if so intended. SearchBug cannot
and does not make any guarantee as to the results of any search. SearchBug
can only conduct its search based upon the information and criteria provided
by me.
GENERALLY
Upon submission of my search request to iinfosearch.com, I ("Customer")
understand, acknowledge and agree that I have retained the services of
SearchBug, Inc. (hereinafter "SearchBug") for the purpose
of researching my request for the applicable fee. I understand that SearchBug
is merely a conduit between those desiring information and those who
provide it. I understand that SearchBug will not review the information that
I provide for accuracy or for any other reason. Customer understands
and agrees that the fee paid to SearchBug by customer is paid by Customer for
the time and labor expended by Third Parties in researching and locating
the information and not for the information itself.
NO LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES
I understand that SearchBug does not provide the investigation services required
to provide the information requested by me and only passes the exact
information provided to third party investigation services who then conduct
whatever research they deem appropriate in their sole discretion. Customer
acknowledges and agrees that SearchBug has no control over how or by what means
the information provided was acquired and customer expressly releases,
indemnifies and agreed to hold harmless and defend SearchBug. Customer agrees
that he/she shall not seek to hold SearchBug liable under any circumstances
for information sought, information provided or methods used to acquire
it.
CONFIDENTIALITY OF DATA
Although SearchBug will use all reasonable efforts to safeguard the confidentiality
of your Data, transmissions made by means of the Internet cannot be made
absolutely secure and I understand and accept this as potential outcome.
SearchBug will have no liability for disclosure of Data for any reason including
but not limited to errors in transmission or unauthorized acts of third
parties.
DISCLAIMER AND LIMITS
The information from or through the site is provided "as available," and
all warranties, express or implied, are disclaimed (including but not
limited to the disclaimer of any implied warranties of merchantability
and fitness for a particular purpose). The information and services may
contain bugs, errors, problems, inaccuracies or other limitations. SearchBug,
and its affiliated parties, have no liability whatsoever for your use
of any information or service. In particular, but not as a limitation
thereof, SearchBug and its affiliated parties are not liable for any indirect,
special, incidental or consequential damages (including damages for loss
of business, loss of profits, litigation, or the like), whether based
on breach of contract, breach of warranty, tort (including negligence),
product liability or otherwise, even if advised of the possibility of
such damages.
The negations of damages set forth above are fundamental elements of
the basis of the bargain between SearchBug and you. This site and the information
would not be provided without such limitations. No advice or information,
whether oral or written, obtained by you from SearchBug through the site shall
create any warranty, representation or guarantee not expressly stated
in this agreement. SearchBug’s maximum liability to you under all circumstances
will be equal to the purchase price you pay for any goods, services or
information.
SearchBug COMMITMENT TO CUSTOMER SERVICE
SearchBug does hereby guarantee that they will successfully locate data for
the search you are seeking within 30 days (most searches only take 1
- 5 business days). Should SearchBug fail to provide data for the information
you are seeking, SearchBug will notify me via email of my option to extend
the search, select a different search or receive a refund to
my credit card and/or refund payment via first class mail if payment
is made to SearchBug by check. I understand that SearchBug will not disclose contact
data to me until I have paid the applicable fee to SearchBug. Although
service fees change from time to time, your fee for the requested service
is guaranteed upon submission of your request.
CUSTOMER SERVICE FOR INACCURATE DATA
Should a search return data that is later to be found inaccurate, Customer
understands that SearchBug at its sole cost and discretion will have the investigator
recheck the search, however, customer must provide proof to SearchBug that
they have made a diligent attempt to utilize original information provided.
This proof must be submitted to SearchBug within 30 days after data is provided,
and must include returned first class mail which was properly mailed
to the address(es) provided (for searches where an address was provided),
and a written account of what took place during attempts to any and all
telephone numbers provided.
I understand that SearchBug can only seek information based upon the data
that I supply. Requests based upon inaccurate, incomplete, false, or
erroneous information, or if my search request involves any individual
or "missing person" who is believed to be, or suspected to
be homeless, institutionalized, incarcerated, deceased, is suspected
to have changed their identity, has been known to use or is suspected
to be using more than one identity and/or Social Security number or have
intentionally fled from an abusive relationship or to avoid possible
criminal prosecution, or are fugitives from the law will likely prove
difficult or impossible to provide.
I understand that I WILL BE CHARGED if the data I am
seeking involves a person or persons with a common name (or is a JR.
or Sr.) and I AM NOT able to provide AT LEAST one of the following pieces
of information: (a) an accurate date of birth; (b) an accurate social
security number; or (c) a recent residence address
(within the past 10 years);
NEW CUSTOMER VERIFICATION PROCESS
Any Customer who has never done business with SearchBug prior to placing
an order shall be considered a “New Customer.” All New
Customers expressly agree to provide a DAY TIME phone number where
they can be contacted in order for SearchBug to confirm their first order,
payment provisions, and the identify of the Customer. If you
are unable to speak with a customer service representative during the
day, you must contact us. Failure to provide a valid phone number or
failure to return our calls (we will leave you
three messages over a 1 week period) if you are unavailable when we
call will result in forfeit of investigation fee since the investigator
starts work immediately.
CUSTOMER GUARANTEE TO SearchBug
I do hereby guarantee to SearchBug, that my request for information does not
violate any Federal, State or Local laws including, but not limited to,
the privacy rights of private parties and the Fair Credit Reporting Act.
I guarantee that visitation to any SearchBug web site or placing of a search
request is not for the purpose of entrapment, a sting operation, or pursuit
of SearchBug, its employees, vendors, clients, affiliates nor officers. I further
guarantee that I have submitted valid credit card information in order
to pay such fee and not that of any other party with or without their
knowledge or approval, or will immediately (or as otherwise agreed to
in writing) mail such payment in full to the office of SearchBug if I have
been approved for billing terms. I understand that upon receipt of my
valid credit card information or a check or money order for the applicable
fee, SearchBug sends the information I provide to a third party in order to
fulfill my request and that this third party will conduct the search
I request.
REFUND / CANCELLATION POLICY
I the customer understand that orders are assigned to private investigators
immediately upon submission and therefore, I will have no opportunity
to cancel, reconsider or otherwise state a reason why this charge should
not be processed and my credit card charged immediately.
The only grounds upon which a refund will be granted to the Customer
by SearchBug are if the information requested cannot be found. Customer dissatisfaction
with the quality, quantity, or accuracy of information provided is not
grounds to obtain a refund from SearchBug or the Customer’s Credit Card
Provider. Since cancellations are next to impossible they can only be
authorized by the investigator handling your case. Once
the case begins (which is typically immediately), if a search needs to
be cancelled by customer, you the customer understand you may be liable
for the entire search fee. If your search is determined to be
cancelable, there will be a cancellation fee based on the amount of work
already performed. Cancellation fees vary by search but will never exceed
the actual cost of the search.
The
investigators reserve the right to deny any request. Submitting requests
for public officials, celebrities or government officials is restricted
and may require proof of request (ie. a summary judgment). Submitting
restricted requests without proof, may forfeit all or part of your fee
if the investigator works on your case and a report cannot be provided
due to non-compliance.
Customer agrees to waive its right to contest the validity of SearchBug charges
based upon any grounds except that SearchBug provided absolutely no information
to Customer. Customer agrees that Customer will not contest charges made
by SearchBug to Customer’s Credit Card which has been authorized by Customer.
In the event that Customer violates this agreement and does so contest
authorized credit card charges, Customer will be liable to SearchBug for the
full amount owed plus interest compounded daily at a rate of 10%, and
all fees and costs associated with collecting payment from Customer.
Buyer understands that returned checks and disputed credit card
transactions for valid searches will be charged an additional $25.00
fee and we pursue valid disputed charges via a collection agency.
Buyer hereby fully acknowledges, agrees and gives consent to all terms
and conditions as amended by SearchBug from time to time.
VALID AND LEGAL PURPOSE
I also do hereby faithfully pledge, that my desire to locate the data
or individual described above in no way involves any intention on my
part to harm, to cause harm, to harass, to stalk (as described by applicable
laws), or to otherwise take any illegal or proscribed action against
any person or entity. Should I become suspect to any illegal action against
the party whose information I seek, I do hereby give my full consent
to SearchBug to disclose any and all information about me, and about this transaction
to the proper authorities and hereby expressly waive and right or claim
to privacy.
I do hereby agree that information obtained through SearchBug will only be
used for the purpose of: 1) a commonly recognized business use whereby
the business for which you seek the information has a preexisting business
relationship with the subject of the inquiry; or 2) a use which will
clearly cause no emotional, physical or financial harm to any person
or company, organization or third party which is subject to the inquiry;
or 3) a use that is relevant to the subject matter of a documented civil
or criminal action.
INDEMNIFICATION
I agree to indemnify SearchBug and its suppliers, employees, officers and
share holders for all damages, claims, or losses suffered by SearchBug as a
result of possible claims by third parties relating to use of the data
provided by SearchBug and requested by me. I hereby warrant that all my requested
searches are legal and proper in my own jurisdiction, as well as that
of SearchBug’s jurisdiction, and complies with all applicable laws (local
and state) and that, in the event that, any claim is asserted in any
way against SearchBug that I will immediately indemnify, defend and hold harmless
SearchBug from any and all liability (including actual attorney’s fees).
Further, I agree that if litigation should arise involving SearchBug in any
way that I will indemnify, defend and hold harmless SearchBug from any all
actual legal fees.
ACCURACY OF INFORMATION PROVIDED BY CUSTOMER TO SearchBug AND FROM SearchBug TO
CUSTOMER
No refunds, exchanges, or credit will be given to any customer unless
SearchBug fails to provide information on a legal request, in accordance with
this agreement. Customer is solely responsible for accurately filling
out order form and selecting appropriate search request. SearchBug cannot be
held responsible for typos or mistakes given in the ordering information
entered by customer. Because all orders are processed immediately, no
cancellations allowed or accepted once an order has been submitted.
Customer further understands and agrees that SearchBug cannot and does not
guarantee the accuracy of the information provided in response to a Customer
request. SearchBug’s commitment to Customer is to provide the information
its Third Party contractor’s locate. SearchBug will pass along to Customer
any and all information received from its Third Party contractors. SearchBug
makes no representation that the information provided is current or otherwise
accurate. In no event shall SearchBug be obligated to refund all or any portion
of a payment received from Customer based upon the any assertion of inaccuracy
of the data provided. SearchBug will supply to Customer at the time received
and in the same condition it is received. SearchBug will not check the information
for accuracy or otherwise endeavor to verify any part of the information
provided to it by its Third Party contractors.
REPRESENTATIONS BY CUSTOMER
VENUE
This agreement and its interpretation shall be governed by the laws
of the State of California. Should a conflict arise concerning anything
related to this contract, I hereby expressly consent to venue in the
State of California.
SEVERABILITY & INTEGRATION
This Agreement shall be governed by and
construed in accordance with the laws of the State of California, United
States of America, as if performed wholly within the state and without
giving effect to the principles of conflict of law. If any portion hereof
is found to be void or unenforceable, the remaining provisions of this
Agreement shall remain in full force and effect. This Agreement constitutes
the entire Agreement between the parties with respect to the use of the
Software.
ENTIRE AGREEMENT
This Agreement, as amended, sets forth the entire understanding and
agreement between the parties regarding the subject matter herein and
supersedes any prior or contemporaneous oral or written agreements or
representations, except that access to and use of Third Party services
may be governed by terms and conditions different than or in addition
to those herein.
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NOTE:
If you are
a new customer or do not have an order history with using our services,
you will receive a call from our customer service staff to verbally
verify your order. If you place several orders within a 30 day period,
or the dollar amount of your requested searches exceeds our current
processor guidelines you may be asked to complete a credit
card validation form and fax it with proof that you are the card
holder (copy of credit card). If you plan to order several searches
or the dollar amount of your initial purchases exceeds $250, you
may want to complete the form in advance to save time. Click
here to find a link to forms.
All services provided by:
SearchBug, Inc.
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