TERMS AND CONDITIONS
USE OF THE SITE
You represent that You have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Site in accordance with the Terms, not to use the Site for illegal purposes, and not to interfere or disrupt the networks connected to the Site.
BackgroundSearcher makes certain services available to individuals who register on the Site (“Members”) and general visitors to the Site (“Visitors”) (Members and Visitors are collectively referred to as “Users”). By becoming a Member, a User will have access to certain information relating to services and information provided by third parties (third parties that provide search services or information shall be collectively referred to as “Third Party Providers”).
THIRD PARTY PROVIDERS
BackgroundSearcher uses reasonable diligence to ensure that the services and information provided by such Third Party Providers are reliable and accurate. Notwithstanding the foregoing, BackgroundSearcher does not maintain any control over the quality of service, accuracy of information or operation of such Third Party Provider website. The links and information provided by BackgroundSearcher are for information purposes only. The appearance of any link to a Third Party Provider in the database should in no way be interpreted as an endorsement of such Third Party Provider or any services or information provided thereby. If You decide to access any of the Third Party Provider website, You do this entirely at Your own risk. The information is strictly for the Members’ use and is not to be reproduced or distributed to others.
BackgroundSearcher makes no guarantees about the accuracy, currency, content, or quality of the services or information provided by such Third Party Provider, and BackgroundSearcher assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on Third Party Provider websites. You acknowledge and agree that BackgroundSearcher makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of such Third Party Provider websites, services or information. Members accept full responsibility for any correspondence, communication or contact with Third Party Providers. Any and all fee arrangements thereafter are strictly between You and any Third Party Provider or advertiser.
Notwithstanding the foregoing, BackgroundSearcher will review complaints about such Third Party Providers or advertisers in order to determine if they should no longer appear in the BackgroundSearcher database. You may send a complaint via electronic mail to mail@BackgroundSearcher.com if You wish to identify any Third Party Provider or advertiser that You believe is not providing services as advertised in the database. BackgroundSearcher further reserves the right to terminate any link to a Third Party Provider at any time.
COMPLIANCE WITH LAWS
By accessing BackgroundSearcher You acknowledge that You will comply with any and all local, county, district, state, and federal laws concerning any use of Third Party Provider websites and services. You agree that You are not and will not use the Site as a means to purchase or solicit illegal activities.
LIMITATIONS ON USE
In connection with Your use of the Site, You agree that You shall not:
- Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment;
- Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users;
- Intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time;
- not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site;
- Use the Site in any manner that in BackgroundSearchers’ judgment, adversely affects the performance or function of the Site or interferes with the ability of other members or authorized parties to access the Site; or
- Undertake any acts not expressly permitted under the Terms.
BackgroundSearcher may discontinue or suspend the Site at any time without notice, and BackgroundSearcher may block, terminate or suspend Your access to the Members section of the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to other Users. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that BackgroundSearcher shall not be liable to You or any third party for any termination or suspension of Your access to the Site.
This Site and its contents (“Content”) are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with the Site and the Content are the sole property of BackgroundSearcher or its affiliates or partners. The Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Content are also protected by such copyright laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. BackgroundSearcher does not convey, through allowing access to the Site, any ownership rights in the Site or in any Content. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Site or the Content.
If You believe that a Web page hosted by BackgroundSearcher is violating Your rights under U.S. copyright law, You may file a complaint of such claimed infringement with BackgroundSearcher’s designated agent in the manner described below.
c/o Data Service
320 7th Avenue
Brooklyn, NY 11215
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND BACKGROUNDSEARCHER, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY BACKGROUNDSEARCHER, DUE TO YOUR BREACH OF THE TERMS OR ARISING OUT OF YOUR ACTIONS, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS". BACKGROUNDSEARCHER, ITS AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILIITY OR INABILITY TO USE THE SITE AND ITS CONTENT. BACKGROUNDSEARCHER, ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY BACKGROUNDSEARCHER IN THE TERMS. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BACKGROUNDSEARCHER, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BACKGROUNDSEARCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BACKGROUNDSEARCHER’S LIABILITY EXCEED $500.00 IN ACCORDANCE WITH THIS AGREEMENT.
GOVERNING LAW, VENUE AND JURISDICTION
The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the Federal and State courts located in the State of New York, New York County for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto.
BackgroundSearcher’s names, logos, and other related properties are trademarks of Licensor. All other trademarks appearing on the advertisement are trademarks of their respective owners.
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
BackgroundSearcher reserves the right to change or modify any provision of these Terms at any time in its sole and exclusive discretion.
These Terms constitute the entire agreement between You and BackgroundSearcher with respect to the use of the Site or its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
If You have any questions, in connection with the Terms, please write to the following address:
c/o Data Service
320 7th Avenue
Brooklyn, NY 11215