July 21, 2011
By using 411Locate.com you agree to the following terms and conditions:
1) Access to 411Locate.com. 411Locate.com provides you with a nonexclusive and nontransferable license to access our databases and information contained in those databases. Use of 411Locate.com databases is solely for the purpose of performing [people searches, reverse phone lookups, etc.] for individual and non-commercial use only. In order to access and use the site, you may be asked to create an account. To create an account you must be both: (a) over the age of eighteen (18); and (b) of the age of majority under the laws of your jurisdiction. When you register, you may be asked to choose a user name and a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify 411Locate.com of any unauthorized use of your password or your account. You agree that the information that you provide to 411Locate.com upon registration, will be true, accurate, current and complete, and you shall promptly update this information as required to keep it true, accurate, current and complete. By creating an account, you consent to the use of: (i) electronic means to complete these Terms and to provide you with any notices pursuant to these Terms; and (ii) electronic records to store information related to these Terms or your use of 411Locate.com. 411Locate.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. In order for 411Locate.com to provide you with certain services, you may have the option of providing 411Locate.com with your username, password and other credential information to various third party services (such as Facebook®) that you wish to link with your account. 411Locate.com will only use your third party credentials to access your third party service accounts to the extent necessary to provide these services and will otherwise keep your third party credentials confidential.
2) General Restrictions. By using 411Locate.com, you agree to use information only for appropriate and legal purposes in compliance with federal, state and local laws. You also agree that information obtained from 411Locate.com databases cannot be used to bother, harass, threaten, stalk or embarrass any individual. Our service may not be used to look up celebrities or other public personas or individuals under the age of 18. All searches of the 411Locate.com database are tracked and you consent to such tracking and the provision of all information about your use of our databases to law enforcement officials and others as the information may be useful to respond to allegations that 411Locate.com databases have been misused.
3) FCRA Restrictions. 411Locate.com is not a consumer reporting agency as defined in the Fair Credit Reporting Act (FCRA). As such, the information in 411Locate.com databases is not intended to be used for the purpose of furnishing consumer reports. You cannot use any information in the 411Locate.com databases as a factor in (1) evaluating an individual for employment, promotions, reassignment or retention (this includes the employment of household workers such as babysitters, cleaning personnel, contractors and others), (2) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, or (3) any other personal business transaction with another individual (such as leasing an apartment).
4) User Generated Content in Forums and Interactive Areas. 411Locate.com includes areas where users may post content and information including messages, questions, comments, data and other materials. You are solely responsible for your use of such forums and interactive areas on 411Locate.com and use them at your own risk. By using these forums and interactive areas, you agree not to post, transmit, distribute, store, create or otherwise publish any of the following:
• User content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User content that would constitute, encourage or provide false instructions for a criminal offense, violates the rights of any party, violates any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
• User content that may infringe any patent, trademark, trade secret, copyright or other intellectual property right of any party.
• User content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;
• Private or confidential information of any third party, including, without limitation, phone numbers, email addresses, addresses, social security numbers and credit card numbers, without such third party’s express permission;
• Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
• User content that, in the sole judgment of 411Locate.com, is objectionable or which restricts or inhibits any other person from using or enjoying the forums and interactive areas of 411Locate.com, or which may expose 411Locate.com or its users to any harm or liability of any type.
411Locate.com takes no responsibility and assumes no liability for any user generated content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is 411Locate.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of 411Locate.com forums and interactive areas is at your own risk. Enforcement of the user generated content or conduct rules set forth in these Terms is solely at 411Locate.com’s discretion and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any right of action on the part of any third party or any reasonable expectation that 411Locate.com will not contain any content that is prohibited by such rules.
As a provider of interactive services 411Locate.com is not liable for any statements, representations, responses, comments, data or other user generated content provided by its users in any rating, forum, question, answer or any other section of the forums and interactive areas. Although 411Locate.com has no obligation to screen, edit or monitor any of the user generated content posted in forums or interactive areas, 411Locate.com reserves the right and has absolute discretion to remove, screen or edit any content posted or stored on the site at any time and for any reason without notice. Any use of the forums or interactive areas of the site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the forums and interactive areas of 411Locate.com.
5) License Grant. As between 411Locate.com and you, you will retain all ownership of your user data. However, by sharing, submitting and uploading user data, you grant 411Locate.com a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in connection with 411Locate.com to the extent necessary to provide you and other 411Locate.com users with our services.
You acknowledge and agree that you are solely responsible for all the user data that you make available through 411Locate.com. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant 411Locate.com the required rights to disseminate any user data, (2) neither user data nor your posting, uploading, publication, submission or transmittal of user data or 411Locate.com’s use of user data (or any portion thereof) on, through or by the means of 411Locate.com will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
6) Misuse. If 411Locate.com suspects that our databases or information has been misused, we may contact our database suppliers and/or law enforcement agencies and provide them with any data needed to conduct an investigation. You consent to the provision of this information for investigative purposes. You also agree to fully cooperate with audits of our customers and systems. 411Locate.com systems and services may not be electronically accessed by automated programs or data extraction systems without prior authorization. 411Locate.com reserves the right to cancel or refuse service to any user that it deems to be inappropriately using 411Locate.com services.
7) Disclaimer of Warranties: The information in 411Locate.com databases has been compiled from public records and other proprietary sources. 411Locate.com is intended for informational purposes only. Neither 411Locate.com nor any of our data suppliers represents that all information is accurate, complete or current. 411Locate.com HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION. UNDER NO CIRCUMSTANCES WILL 411Locate.com BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER INCLUDING (WITHOUT LIMITATION) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF 411Locate.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You shall assume all risks associated with the use of 411Locate.com databases and information.
8) Indemnification. You agree that you shall indemnify and hold harmless 411Locate.com, its officers and directors, employees and agents, and all entities that have contributed information or data or provided services against any and all direct or indirect losses, claims, demands, expenses (including attorneys’ fees) or liabilities of any nature or kind arising in any way out of your use of 411Locate.com services or of 411Locate.com databases or the information contained therein. 411Locate.com will promptly notify you of any such claim.
9) Third Party Advertisers. We may use third-party advertising companies to serve ads on 411Locate.com on our behalf. These companies may employ cookies or action tags (known as pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
10) Third Party Websites and Services. We may provide links to third party websites or resources and you may link your account to third party services (such as Facebook®). You acknowledge and agree that 411Locate.com is not responsible or liable for the availability or accuracy of, and 411Locate.com does not endorse, such websites, resources or third party services, or the content, products, or services on or available from such websites, resources or third party services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources and third party services, including the linking of your account with third party services.
11) Waiver of Class Action and Jury Trial and Consent to Binding Arbitration. In any legal proceeding relating to your use of 411Locate.com databases, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to your use of 411Locate.com databases shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.
12) Other Terms. This agreement shall be governed by Washington law. Failure by either party to insist on the performance of any of the terms and conditions in this agreement in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition. The terms and conditions set forth in theses Terms constitute our entire agreement, and any additional or different terms or conditions set forth in any other document shall be of no effect.