Effective: August 5, 2009
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A
DISPUTE RESOLUTION CLAUSE.
Welcome to Criminal-Records.org. By using this CIS
Nationwide's website YOU AGREE TO BE BOUND BY ITS TERMS OF SERVICE AND SALE,
LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY AND OPT OUT POLICY and all other
disclaimers, terms and conditions that appear elsewhere on this Website
(collectively, the “Agreements”).
Legal and Enforceable Online Agreement
By utilizing this Website OR when we successfully process
your pending purchase order via your credit card or PaPayPal® account (“Purchase”),
YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE AGREEMENT
WITH CIS NATIONWIDE, AND ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENTS AS
POSTED CURRENTLY AT THE WEBSITE TO GOVERN YOUR PENDING USE AND/OR TRANSACTION
WITH CIS NATIONWIDE.
Each time that you use the Website, you reaffirm your
acceptance of the then-current posted Agreements. If you do not wish to be
bound by any of these Agreements, your sole remedy is to discontinue your use
of the Website. You cannot purchase any services offered at the Website until
you have accepted the terms and conditions of the Agreements.
We may change any of the terms of the Agreements at
any time, in our sole discretion, with or without directly informing you of
such changes. Any updates to the terms of the Agreements will be effective
immediately upon posting such updates to the Website, and you agree to such
updated terms of the Agreements by continuing your use of the Website. Please
review the Agreements from time to time, as you are responsible for staying
informed of any changes. If you do not agree with the updated terms of the
Agreements, your only remedy is to discontinue using the Website.
18 Years of Age to Purchase
To Purchase Data at any of the Website, you must be 18 years
of age or older. Any offers of sale presented on any of the Website or our
Associates' Website are only intended for individuals who are 18 years of age
or older. By Purchasing Data from any of the Website, you affirm that you are
18 years of age or older.
Terms of Purchase
After you make a Purchase at any of the Websites, you will gain access to our Member's area, a one stop source for all your information needs. The Member's area combines the power of over 30 different searches, tools, and resources to help you in your investigation process. Our Member's area is conveniently divided into two types of searches, Direct and Unlimited (as more fully described below). Your "Report and Membership Access" fee Purchase will grant you access to our Member's area and such fee will also be held in escrow allocated as funds to be used by you for your Direct and Unlimited searches. You can use these funds to execute various Direct searches. Please note that your credit card or your PayPal® account is not charged each time you conduct Direct searches. The cost per each Direct search will be deducted from your Direct search balance. Should you run out of funds, you may purchase additional searches in our Member's area. After the expenditure of your funds, your subsequent use of our products and services will be subject to our then-current rates. You can also purchase an "Unlimited Search Pass" for an additional fee which will grant you access to our "Unlimited" section of the Member's area. Searches included with the Unlimited Search Pass will vary depending on the Website on which you originally signed up.
Direct searches may include: Bankruptcy Records search, Birth Records search, Business Records search, Comprehensive Background search, Court Records Search, Criminal Records search, Death Index search, Email search, Federal Records search, Legal/Civil Judgments search, Marriage/Divorce search, People Search, Person Report, Property Records, Relatives search, Reverse Cell Phone search, Reverse Landline Phone search, Reverse IP search, Sex Offender Search, SSN Validation search, SSN Records search, Vessel/Watercraft Records search, and Warrant search.
Unlimited reports may include: Address history, age, date of birth, marital status, phone number(s), possible relatives and associates, property records, business searches, neighborhood checks, reverse IP search, people searches by name, phone and address.
Data on the Website
The Website allows you to conduct searches of various public
records, as described above. We do not create or have control over the quality
of or accuracy of data presented as a result of these searches (the “Data”).
Although we would not knowingly deliver to you inaccurate or incomplete Data,
some Data may not always be accurate or complete. Please see the Warranties
section below for more information. If you have questions about any Data, or
wish to dispute the accuracy of any Data, you should request an Opt Out.
Your Account
Only individuals who are United States residents who are
eighteen (18) years of age or older may create an account and conduct searches
on the Website. Accounts are for individual use and you are strictly prohibited
from allowing third parties to use your account. You are entirely responsible
for maintaining the confidentiality of your account and you agree to indemnify,
defend, and hold harmless CIS Nationwide for losses incurred by CIS Nationwide
or another party due to any use of your account by a third party. You agree to
notify us immediately if you become aware or suspect that any third party is
using your account.
Use of Data
By conducting any searches on the Website, you represent and
warrant that you will only use the Website and Data for a lawful purpose.
Examples of lawful purposes include, but are not limited to: (a) fraud
prevention; (b) asset verification; (c) location of criminals, witnesses, beneficiaries,
or heirs; (d) research for debt collection activities; (e) child support
enforcement; and (f) compliance with federal, state, or local laws or
regulations.
You represent and warrant that you shall not use the Website
or Data for any unlawful purpose. Examples of unlawful purposes include, but
are not limited to: (a) stalking or harassing any individual; (b) requesting
information under false pretenses; and (c) using Data for any other purpose
prohibited by law (“Unlawful Purposes”).
You further agree that you shall not access, reproduce,
duplicate, sell, resell, transfer, or exploit the Data for any commercial
purposes.
NOTE: CIS Nationwide is not a “consumer reporting
agency” as defined under the Fair
Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as
amended,
and the information in our databases has not been
collected in whole or in part for the purpose of furnishing “consumer reports,”
as defined in the FCRA. Rather, the information in our databases has been
obtained by us as a result of such information being publicly available to us
for our possession, use and dissemination, and You may not use the Website or
Data to: (a) establish a consumer's eligibility for personal credit or
insurance; (b) assess risks associated with existing consumer credit
obligations; or (c) evaluate an individual for employment, promotion,
reassignment or retention (including employment of household workers such a
nannies, housekeepers, or contractors) or in conjunction with assessing the
merits of entering into any other personal business transaction with another
individual (“Unauthorized Purposes”).
Illegal Use
The CIS Nationwide Website and Data may be used only for
lawful purposes. Requesting, transmitting, distributing, considering, using,
sharing, evaluating or storing of any Data in violation of any applicable law
or regulation is prohibited. This includes, without limitation, any use of the
Data for Unauthorized Purposes. Any violation of the above, which compromises
the integrity of CIS Nationwide services or any of its vendors and affiliates,
is strictly prohibited.
Copyrights and Trademarks
The Website, and any information and materials contained
therein, including but not limited to graphics and editorial content (“CIS
Content”), are owned by CIS Nationwide and/or its licensors, and are
protected by copyright, trademark, patent, trade secret, and/or other laws. CIS
Nationwide and/or its licensors own and retain all rights, including the
worldwide copyright, in the CIS Content solely and exclusively, for the
duration of the rights in each country, in all languages, and throughout the
universe. You agree that you shall not use the CIS Content in any way
whatsoever except as in compliance with the terms of this Agreement. You agree
not to modify, rent, lease, loan, sell, distribute, redistribute, or create
derivatives works based on the CIS Content, and you shall not exploit the CIS
Content in any unauthorized way whatsoever, including but not limited to by
trespass or burdening network capacity. You agree not to alter or delete any
proprietary notices from CIS Content downloaded or printed from the
Website.
All brand and product names are trademarks or registered
trademarks of their respective owners. You are prohibited from using any of the
marks or logos appearing throughout the CIS Content without express permission
from the trademark owner, except as permitted by applicable law.
Warranties
We provide access to Data compiled and maintained by third
parties. We do not create, review, verify, or guarantee the accuracy,
completeness, appropriateness, or sufficiency of such Data. CIS Nationwide is
not necessarily affiliated with, endorsed by, or compensated by these third parties.
THE DATA AND THE WEBSITE ARE PROVIDED “AS IS” WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CIS NATIONWIDE MAKES
ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
POSSIBLE UNDER APPLICABLE LAWS, CIS NATIONWIDE DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, O OTHER
VIOLATION OF RIGHTS. CIS NATIONWIDE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE
USE OF, OR OTHERWISE RESPECTING, THE DATA OR THE WEBSITE. YOUR USE OF THE
WEBSITE AND DATA IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
Our entire liability and your exclusive remedy with respect
to any dispute with CIS Nationwide, including its Website and Data, is to
discontinue your use of the Website. We and our vendors shall not be liable for
any indirect, special, incidental, consequential, or exemplary damage arising
from your use of the Website or for any other claim related in any way to your
use of the Website. These exclusions for indirect, special, incidental,
consequential, or exemplary damages include, without limitation, damages for
lost profits, lost data, loss of goodwill, work stoppage, computer failure or
malfunction, or any other commercial damages or losses, even if we had been
advised of the possibility thereof and regardless of the legal or equitable
theory upon which the claim is based. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our and our vendors'
liability shall be limited to the extent permitted by law. The utilization
of Data or Website received by You from Your use of the Data and Website are
provided by CIS Nationwide to You at Your sole and absolute risk. CIS
Nationwide specifically disclaims and denies any responsibility for the
completeness, accuracy, or quality of such Data and Website.
Indemnification
You agree to indemnify, defend, and hold CIS Nationwide, its
directors, officers, employees, affiliates, agents, contractors, licensors, and
subsidiaries harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third party due to or arising out
of (i) your use of the Website or Data in violation of this Agreement, (ii)
your use of the Website or Data for Unlawful Purposes or Unauthorized Purposes,
and/or (iii) your breach of this Agreement or your violation of any law or the
rights of a third party.
Termination
We reserve the right to terminate or restrict your account
and/or access to the Website for any reason, or no reason whatsoever, including,
without limitation, if we, in our sole discretion, consider your use to be
unacceptable, or in the event of any breach by you of the Terms of Service. We
may, but shall be under no obligation to, provide you a warning prior to
termination or restriction of your use of the Website. We will not be liable to
you or any third party for its termination or restriction of your account
and/or access. We also reserve the right to terminate any Website or any part
of any Website at any time, without notice or liability to you.
Hyperlinks
The Website may contain hyperlinks to third-party Website as
a convenience to you. We does not control or endorse these third-party sites or
any goods or services sold on those sites. Some of these sites may contain
materials that are objectionable, unlawful, or inaccurate. You acknowledge and
agree that we are not responsible or liable for any content or other materials
on these third party sites.
Use of Ideas Submitted
You hereby acknowledge and agree that we are free to use any
comments, suggestions, information, concepts, reviews, techniques, or other
information contained in any communication you may send to us or may have with
a CIS Nationwide representative (the “Ideas”), and that we shall have no
obligation to compensate you in any way for the Ideas, even if the Ideas are
used by us for commercial purposes, including, but not limited to, use by us
for improving the Website or for developing and marketing any products or
services.
Electronic Notices
By using the Website, you agree to receive electronic
communications from us pursuant to the terms of our Privacy Policy. You agree
that any notice or other communication that we send you electronically will satisfy
any legal communication requirements, including that such communications be in
writing.
Arbitration
Any dispute concerning the Data, the Website, or this
Agreement shall be settled by binding arbitration in Boston, Massachusetts, in
accordance with the Commercial Arbitration Rules of the American Arbitration
Association. Judgment upon the award made by the Arbitrator(s) may be entered
in any court having jurisdiction thereof. You acknowledge that agreeing to such
binding arbitration constitutes a waiver of your right to a jury trial and that
this agreement to arbitrate is voluntary and not legally required. If any
arbitration or legal action or similar proceeding is instituted by either party
concerning the payment of our fees or costs advanced hereunder, the prevailing
party shall be entitled to collect its reasonable attorneys' fees in addition
to any other relief the party may obtain.
If any provision of this Agreement is found to be invalid by
any court having any competent authority, the invalidity of such provision
shall not affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any provision in this
Agreement shall be deemed a further or continuing waiver of such provision or
any other provision.
General
Data, materials, features, products and services may be
added to or withdrawn from the Website or otherwise changed without
notice.
Neither we nor the Website are affiliated with the United
States Government or any Federal or State government agency.
Opt Out Policy
An individual may request opt-out if one of these conditions
exists: You are a state, local or federal law enforcement officer or public
official and your position exposes you to a threat of death or serious bodily
harm; or you are a victim of identity theft; or you are at risk of physical
harm; or you have evidence the record is incorrect or expunged.
To opt-out, submit the following information:
1) A written explanation for the opt out request
2) Copy of your current driver's license or state
identification (this information is necessary in order for us to
authenticate that the request is being made by the individual to whom the
information belongs to)
All requests must include:
- Full name and date of birth
- Aliases, if any
- Current address
- Previous addresses
- Phone
- Email address
3) Specific details of the records you are requesting to be
removed
4) Include a print out of the records you wish to have
suppressed.
5) Copies of any applicable court orders, if any.
You may request to opt-out by submitting your information to
the following fax number:
Opt Out Compliance Department.
Fax: 1-888-446-1229
>>> This Fax Number is for OPT out requests ONLY
Or mail them to:
Opt-Out Compliance Department.
P.O. Box 1452
Boston, MA 02117
IMPORTANT NOTE: Unsigned or incomplete requests will
not be processed. For faster service please fax your request.
Please click HERE to submit a customer service request for any other
issues.
Note & Disclaimer: We will use good faith efforts
to help prevent your non-public record information from being distributed. We
cannot provide any assurance that information that is otherwise public record
information, such as court records, will be withheld. Although most information
is usually removed or blocked permanently, we do not guarantee the information
will not be available again in the future from other sources or our site.
Please Note: The Opt-out Compliance Department does not manage any
customer related issues, please contact our customer support for all customer
related matters.