Terms & Conditions
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE.
THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Please see the Arbitration and Waiver of Class Action sections below for more information.
We reserve the right to change or modify these Terms & Conditions at any time and your continued use of this site will be conditioned upon the Terms & Conditions in force at the time of your use.
This Agreement sets forth the terms and conditions governing the delivery of the Website and is effective as of the date access to such services is delivered to you (“You” or “User”) agree as follows:
Access To Network
- Provider grants to User a limited, nontransferable, nonexclusive license to access, during the term of this Agreement, Provider's computer-assisted, online data retrieval service (the "Network") located on the Provider and the information included therein ("Information") User shall not store the Information in a competing database or provide the Information to any third parties. Under no circumstances may you offer any part of the Information for commercial resale or commercial redistribution in any medium. Furthermore, User shall not implement the use of web site crawlers including, but not limited to automated robots and screen scraping software. Unless otherwise agreed to by Provider in writing, use of the Website is permitted only via manually conducted, discrete, individual search and retrieval activities.
- Provider reserves the right at any time and without prior notice to User to change the Network's hours of operation or to limit User's access to the Network in order to perform repairs, make modifications or in accordance with Provider's business practices. Provider may add or withdraw products or services to or from the Network from time to time and will post the price of using the Network on the Provider web site.
Warranties of User
User represents and warrants that it is not in the business of licensing, selling, or creating for its customers, a computer-assisted, online data retrieval service and that it will not use the Information for providing service bureau, timesharing, processing or other similar services to third parties.
Membership Billing and Payment
User shall pay peoplewhiz.com the charges described on the fee schedule published online on the peoplewhiz.com web site at time of sign up. Unless other payment terms are agreed to in writing by Provider, all charges for the peoplewhiz.com services purchased by the User will be immediately charged to the credit card authorized by User. All charges are exclusive of local sales, use, personal property and similar taxes, which will be paid by User.
- Premier Membership plans - You will be billed immediately upon purchase and every month thereafter, unless you cancel.
- Membership Trial - You will be billed at the end of the trial period and every month thereafter, unless you cancel. You may cancel at any time including during the trial period. Trial is available for new customers only and is $1.00 for one week. See Section title ‘Cancellation Policy’ below.
If your payment for a full term is declined due to insufficient funds, peoplewhiz reserves the right to bill in installments
You may cancel your membership, including any trial or nonstandard membership at any time by contacting us here. Any cancellation request will cancel Your upcoming bill.
Our number one goal is customer satisfaction. If you are ever not satisfied with our services, feel free to contact us here, and we will work to resolve your issue. Refunds are handled on a case by case basis with the ultimate goal of complete customer satisfaction.
Provider may modify the terms of this Agreement at any time upon fifteen (15) days written notice to User including, without limitation, by posting it on the Provider.com web site.
User Names and Passwords
User shall not reveal any links, user names, or passwords for the Network to third parties.
- User shall take appropriate measures so as to protect against the misuse and/or unauthorized access of Provider services, the Network and Information.
- User agrees that Provider may temporarily suspend User's access to the Network pending an investigation of use or access. User agrees to cooperate fully with any and all investigations and provide any related to use of the Network. In the event Provider believes User is in violation of any of the terms or conditions of this Agreement, Provider, in its sole discretion, may immediately terminate this Agreement without notice or liability of any kind.
- In the event that User learns or has reason to believe that Provider data has been disclosed to or accessed by an unauthorized party, or used for a purpose not permitted under this Agreement, User will immediately give notice of such event to Provider. User shall be responsible for any other legal obligations which may arise under applicable law in connection with such an event.
Availability of Additional Products
This Agreement governs access to and use of only those Provider services accessible on this web site, and not other Provider products or services. User acknowledges that User may be required, as a condition precedent to the use of certain services offered on the Provider’s web site, to meet certain credentialing criteria required by Provider and/or enter into additional agreements with Provider or third parties with respect to those products or services.
User acknowledges that it obtains only license rights under this Agreement and acquires no ownership rights, title or interest of any kind, including without limitation copyrights, to the Network, its contents or programming or to any products.
Third Party Conditions
User acknowledges that access to and use of the Network may be subject to restrictions imposed by third parties, including without limitation information suppliers, and that Provider's agreements with such third parties may require Provider to deny or otherwise restrict User's access to certain information available through the Network. Restrictions may also be imposed as a matter of law or regulatory requirements. User agrees to comply with all such restrictions for which Provider provides notice online or otherwise. Further, User agrees to respect and comply with all copyright notices applicable to the databases and other services and products relating to the Provider Network.
Rights of Database Supplier
User agrees that any Provider database supplier shall have the right to assert or to enforce any of the provisions of this Agreement directly on its own behalf.
Disclaimer of Warranties
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR THE CORRECTNESS, COMPLETENESS OR CURRENTNESS OF ANY DATA OR RESULTS, WITH RESPECT TO THE INFORMATION, WHICH IS BEING PROVIDED ON AN "AS IS" BASIS. THE ENTIRE RISK ARISING OUT OF USE OF THE INFORMATION AND SUPPORT SERVICES REMAINS WITH THE USER.
- USER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT NEITHER PROVIDER NOR ANY DATABASE SUPPLIER, IN FURNISHING THE INFORMATION TO THE USER, DOES OR WILL UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER. THE USER THEREFORE AGREES THAT NEITHER PROVIDER NOR ANY DATABASE SUPPLIER WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY PROVIDER'S OR THE DATABASE SUPPLIER'S NEGLIGENCE IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION.
IN NO EVENT SHALL PROVIDER OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO OTHER GOODS OR EQUIPMENT, LOST PROFITS, DOWNTIME COSTS, LABOR COST, OVERHEAD COSTS OR CLAIMS OF CUSTOMERS OR CLIENTS OF USER FOR SUCH COSTS. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON PROVIDER OR ANY THIRD PARTIES, THEN USER AGREES THAT THE AGGREGATE LIABILITY OF PROVIDER AND PROVIDER'S THIRD PARTY SUPPLIERS FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF PROVIDER OR SUCH THIRD PARTY SUPPLIERS IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE LESSER OF THE FEES ACTUALLY PAID BY USER TO PROVIDER FOR THE INFORMATION TO WHICH A GIVEN CLAIM RELATES AND ONE HUNDRED DOLLARS ($100).
Term of Agreement & Effects of Termination
- This Agreement shall remain in effect until terminated by either party, and for the duration of User’s use of the Information.
- In the event of any other default by either party, and a failure to cure such default within ten (10) days after receipt of notice thereof, the non-defaulting party may immediately terminate this Agreement. Except for the indemnification rights set forth in Section 15, cancellation shall be the sole remedy available to either party in the event of a default.
Compliance With Laws
User shall not use the Provider Information, in whole or in part, for the purpose of serving as a factor in establishing a consumer's eligibility for credit or insurance, employment purposes, or for any other purpose(s) authorized under section 604 of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) ("FCRA") or similar state statute. User shall not use the Network or the Provider Information in a manner contrary to or in violation of any applicable law, rule, or regulation. The data provided hereunder shall not be used, in whole or in part, for direct marketing purposes.
User will indemnify and hold harmless Provider, its officers, directors, employees and agents, and the elected and appointed officials and employees, officers, directors and agents of the governmental and other entities that have contributed information to or provided services for the Network, against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of whatever nature or kind arising out of User's access to the Network, or User's use or distribution of any Information.
With respect to personally identifiable information regarding consumers, the parties further agree as follows: Provider recognizes the importance of appropriate privacy protections for consumer data and User agrees that User (including its directors, officers, employees or agents) will comply with privacy rules and regulations and the policies articulated here where applicable: http://www.peoplewhiz.com/privacy/
Special Requirements For Use of OFAC List Check Service
The Provider OFAC List Check service is provided for User's internal use only and not for providing services to third parties. The license provided herein does not include the right to quote Information from the OFAC List Check service in memoranda, briefs or similar work product created by User or to provide such Information as printouts or otherwise to User's clients or any other third party.
All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, this T&C (including its formation, performance or alleged breach), and your use of the Website will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, PeopleWhiz will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified PeopleWhiz in writing and provided a copy of the arbitration proceedings. However, if PeopleWhiz is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to PeopleWhiz. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Los Angeles, California, but may proceed telephonically if the claimant so chooses.
The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this T&C may be joined to an arbitration involving any other party subject to this T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of California to enforce this T&C or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
WAIVER OF CLASS ACTION RIGHTS
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS T&C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST PEOPLEWHIZ IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
- The servers housing data provided hereunder are located in the United State and services performed pursuant to this Agreement are performed in the United States. This Agreement shall be governed by California law and may not be assigned by User in whole or in part without the prior written consent of Provider.
- All notices required or permitted under this Agreement will be posted on this site.
- Failure by either party to insist in any one or more cases upon the strict performance of any of the terms and conditions of this Agreement shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition.
- The terms and conditions set forth in this Agreement constitute the entire agreement of the parties on the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any User purchase order, shall be of no effect.
- User will not name Provider or refer to the use of Provider services in any publication, press release, advertisements, promotional or marketing materials, or other publicity statements.
- The headings in this Agreement are for convenience of reference only and are not intended to have any substantive significance in the interpretation of this Agreement.
- Sections titled WARRANTIES OF USER, UNAUTHORIZED USE, DISCLAIMER OF WARRANTIES and PROVIDER'S LIABILITY shall survive termination of this Agreement.
- User shall not assign this Agreement unless it first obtains the express written consent of Provider.