Date of last revision: May 21, 2015
The following terms define the Membership Agreement between the provider of this membership program ("Public Data Check" and "We" and "Our" and "Us") and the enrolled member of the membership program ("You" and "Your").
Upon registration, You agree to the following terms and conditions. We advise You to read Public Data Check's Membership Agreement and understand the conditions of this contract. If you have any further questions or concerns, please contact our member support at 1-800-950-0953.
1.2 Membership Benefits
As a Public Data Check member, You are entitled to access benefits and services offered by Public Data Check ("Benefits" and "Services"). These Benefits are described in the membership materials and on the membership program website ("Program website" and "Site"). Please refer to Your membership materials and Program Website for further information about the Benefits available in your area. We reserve the right to suspend, end, or eliminate specific aspects of the program without prior notice, in our discretion.
1.3 Use of Membership
Your membership is intended for the use by You and Your Immediate Family. You agree that Your membership is non-transferable and must remain within these boundaries of users. In this contract, "Immediate Family" refers to You, Your spouse or partner. Benefits are not for resale. Please notify Us if You become aware of any unauthorized use of Your membership.
1.4 Membership Term
Membership terms vary depending on membership plans. All plans are implemented and are active on the date and time of enrollment. (1) The monthly payment plan lasts for a period of one (1) month. The plan will continue on a monthly basis until You cancel Your membership.
We reserve the rights to terminate your account at any time and for any reason with or without an explicitly stated cause. If Your account is terminated for any reason, you will no longer be able to access or use Our Service. You agree that any termination of your access to Benefits may be implemented without a pre-administered notice.
You agree to use and access our Service only for legal and internal purposes in compliance with all applicable federal, state and local laws and regulations. You also agree that any information derived from our services shall not be used to contact individuals that do not wish to be contacted. This includes embarrassing, harassing, stalking, threatening, or tormenting any individual with information retrieved from Our Site. You may not search or locate any individual under the age of eighteen (18). You may not search or locate celebrities, prominent figures, or other public persons.
You agree to not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images, graphics, and information received through the Site and its affiliated websites without our recorded written consent.
You are prohibited from doing the following:
(1) Use or permit the use of data accessed through our Services to prepare a database or a comparison to other databases which are sold, rented, published, or furnished in any manner to a third party. (2) Use or permit the use of data obtained through our Services for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third-party. (3) Use data obtained through our Services for legal proceedings.
2.1 Fee-Based Service Charges
(1) Certain features of this website are available only through the purchase of a Site subscription ("Fee-Based Services"). (2) You agree to provide a valid method of payment, legitimate debit or credit card, while paying a trial fee, and/ or monthly subscription charges. You also agree to monitor all charges incurred on the Site or Your account in order to access the Fee-Based Services. (3) Upon the completion of You membership term (trial period, monthly), Your account will automatically be billed with a membership renewal charge (unless cancellation is requested). The renewal charge will be the then current published rate for the term of Your subscription. In the case we are unable to charge Your account, we reserve the right to continue attempting to charge Your account or to terminate Your access to Fee-Based Services. (4) You may be subject to a pre-authorization at the time You order Your Online Membership. This pre-authorization is not a charge to your credit card. It may however, be reserved against your available credit card limit. Contact your credit card issuer for further details. (5) If there is reason to believe an unauthorized transaction has taken place under your account, you agree to notify us immediately, so we can take immediate action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
It is Your responsibility to and You agree to reimburse us for all chargebacks, claims, fees, fines, penalties, reversals, and other forms of liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
2.2 Pricing Information
Public Data Check offers Trial Membership Plans. Each membership plan offers a monthly subscription option. Membership pricing varies depending on promotional discounts offered at the time and the date you sign up. Membership options and their respective cancellation policies are described below. See (2.3 Cancellation) to cancel your membership plan.
7-Day Trial Membership
Time Frame: A 7-day trial will begin at the start of registration and end precisely 7-days later.
For example: If You sign up for the trial January 1st at 5PM, Your trial will end January 8th at 5PM, precisely 7-days from the time and date You registered.
(1) 7-Day Trial Membership (Monthly Subscription): The trial fee will cost either $1.00 or $2.00. The 7-day trial provides complete access to background information and unlimited searches beginning at the time You register. At the precise time 7-days later Your trial will cease. If You do not submit a cancel request, Your account will be automatically charged $29.96 for one month's access. Your account will continue to be billed on a monthly basis until CANCELLED.
7-Day Membership (No Trial)
The 7-day membership will cost $2.99. You will be billed once. There is NO trial, the 7-day Membership will end precisely 7-days from the date and time You originally registered.
Public Data Check ID Protect Membership (Monthly Subscription)
You will have full access to the service for one month for $1.94. If You do not cancel the service, You will be billed $1.94 exactly one month from the date and time You originally registered. YOUR ACCOUNT WILL CONTINUE TO BE BILLED $1.94 ON A MONTHLY BASIS UNTIL CANCELLED.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for a value up to the amount of the purchase. Your card will be billed at the time of purchase or shortly afterward. If you cancel a transaction before completion, the pre-approval may result in your funds being stalled and not promptly available. If a transaction is made and your payment results in an "overdraft" or other charged fee(s) from your bank, you alone are responsible for that fee. In the event that Your payment cannot be processed due to insufficient available credit or funds, We may at our discretion, allocate the membership fee into incremental charges in order to process the total membership fee. We reserve the right to suspend or end the Service, or change and modify prices prospectively in our discretion (including discounts).
You agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties, or any other form of liability incurred by Us (including costs and related expenses) that were caused by or arising out of payments that you authorized or gave consent to. In the event you dispute or challenge Our performance or the performance of the issuer of the credit/ debit card, you agree to reimburse and pay the order to Us at an sum equal to the balance shown in your account under our records.
If You are provided with a promotional reduction to Your membership fee ("Promotional Membership Fee"), Your account will be billed at the Promotional Membership fee for the promotional period. You agree that any discounted fee is only valid for the promotional period. The Promotional Membership Fee may vary, and is to be established by Us.
You have the right to be notified of all changes to Your membership fee that differ from the amount You previously agreed to. If you would like to receive a written notification in advance, please contact Us at 1-800-950-0953. Please be ready to provide your name, address, telephone number, and Customer ID.
2.3 Stored Credentials
Public Data Check will be storing Tokenized credit card data for the purposes of fulfilling subscription payments. This agreement is valid until cancellation of services by the cardholder and does not expire until cancellation.
2.4 Cancellation Policy
You agree that in order to cancel Your subscription, You must perform one of the two options. Further instruction will be administered upon request. (1) Contact our member support department by calling 1-800-950-0953. (2) Email us at [email protected]
Once we have confirmed cancellation, Your account will be immediately cancelled and You will receive a confirmation email. If You do not receive confirmation, Your account has not been cancelled. Please check your junk or spam emails first. Contact our support team to verify your contact information if you do not receive a confirmation email.
2.5 Refund Policy
Public Data Check immediately incurs costs after account registration. Therefore, we have a NO REFUND policy. However, there may be special cases in which you may obtain a refund. If you can provide evidence that no information was obtained through your searches, you may request a refund by emailing [email protected] or calling 1-800-950-0953. All refunds will be handled on a case by case basis.
3.1 Fair Credit Reporting Act
We are NOT a consumer-reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), [15 USC 1681 et seq]. The information in our databases has not been collected in whole or in part for the purpose of furnishing consumer reports. YOU ARE PROHIBITED FROM USING OUR SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR ISSUANCE OF PERSONAL CREDIT OR INSURANCE (2) EVALUATING AN INDIVIDULAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT, OR RETENTION (3) ANY OTHER PERSONAL BUSINESS WITH ANOTHER INDIVIDIDUAL (INCLUDING, NOT LIMITED TO, LEASING PROPERTY).
4.1 User Testimonials
If you provide us was an email, or if You communicate through our website, Facebook page, Twitter account, or by phone or mail, You give us permission to collect, archive, retrieve, and use any information collected as We see fit. Any communication which We perceive to be a testimonial may be publicized for commercial use.
5.1 Copyright and Trademarks
All materials on Our Site are owned and managed by Public Data Check, its content suppliers and/or providers and is protected by the copyright and trademark laws of the United States, other countries, international conventions, and other applicable laws and codes. Materials include and are not limited to the following: text, images, software, databases, Fee-Based Services, and "Content." You are prohibited from downloading, displaying, reproducing, and creating derivative works from, transmitting, selling, distributing, or in any form exploiting the Site or any portion thereof for any public or commercial use without prior stated written permission from Public Data Check.
You agree to not use trademarks, service marks, name, logos, or other property of Public Data Check, licensors, independent contractors, providers and affiliates ("Affiliates") without the prior written permission of Public Data Check or the applicable Affiliate.
You agree we may use, copy, modify, display and distribute Your Information as we see fit to provide Benefits and services. You acknowledge that you have the right to give us Your Information and authorize its use as described above.
6.2 Information Provided
We reserve the right, in our discretion and without prior notice, to correct any errors or omissions in any portion of the Site or to deny access to the Site to any individual at any time. You agree that any reliance upon advice, opinion, statement, or any other information displayed or distributed through the Site is taken at your own risk.
We advise you verify and research pricing and other information on third-party products or services. Public Data Check and its Affiliates shall have no liability arising from Your purchases of third-party goods or services based upon information provided on or through the Site.
6.3 Links to Other Sites
7.1 Age Restrictions
By moving forward, you warrant to Us that You are at least eighteen (18) years of age and possess the legal right to enter into this Agreement. Our site is not intended for the use of minors.
7.2 Financial Responsibility
You agree to use Your rights as a subscriber and refrain from sublicensing or transferring your rights. You agree to be financially responsible for all services present in Your Fee-Based Services account.
8.1 Third-Party Websites and Products
Our site may offer or provide access to products, services, or websites provided by third parties. Services and products include but are not limited to, promotion or incentive offers, free services provided by third parties and websites that hyperlink to our website, etc. Public Data Check does not control and is not liable for these websites or third parties and their products and services or use of personal information you may choose to provide them with.
You agree to indemnify and hold harmless Public Data Check and its Affiliates from and against any liability or costs incurred by Public Data Check or Affiliates in connection with the claim arising. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any circumstances settle any matter without the written consent of Public Data Check.
9.2 Disclaimer of Warranty
PUBLIC DATA CHECK (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE ACCESSABLE) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY FORM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILIY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-NFRINGEMENT. PUBLIC DATA CHECK DOES NOT GUARANTEE THAT THE FUNCTIONS FEATURED ON THE SITE OR FEE-BASED CHARGES WILL BE UNINERRUPTED, MEET SPECIFIC CRIERIA, OR EXIST ERROR-FREE, INCLUDING, BUT NOT LIMITED TO VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER THE FULLEST EXTENT PERMITTED BY LAW, PUBLIC DATA CHECK AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE HELD LABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES.
9.3 Limitation of Liability
THIS SITE IS TO BE USED AT YOUR OWN RISK. YOU AGREE TO ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOANDING, USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED THROUGH OUR SITE. UNDER NO CONDITIONS, SHALL PUBLIC DATA CHECK OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY AND/OR INDIRECTLY RELATED OR DERIVED FROM THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES INCLUDED IN YOUR MEMBERSHIP PLAN. EVEN IF PUBLIC DATA CHECK, AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE TOTAL LIABILITY OF PUBLIC DATA CHECK AND THE RELEVANT AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF EXISTING, PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE PUBLIC DATA CHECK AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT PRACTICE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSQUENTIAL DAMAGES, SO THE LIMITATION STATED ABOVE MAY NOT PERTAIN TO YOU.
Public Data Check has the right to alter, change, or modify any policies affecting the Site without prior notice. Any use after modifications shall be viewed as acceptance of such modifications.
Public Data Check has the right to modify, suspend, or discontinue the Site or any portion, at any time. Suspension may include, restrictions of the availability of certain areas of the Site (Fee-Based Services). Public Data Check may also impose limits and/or restrictions on certain features and services without prior notice.
Any disapproval with (i) any change to the Content, or (ii) any change to the amount or type of fees associated with the Fee-Based Services shall be expressed through a subscription cancellation.
11.1 Your Rights
Public Data Check grants You a non-exclusive, non-transferable, limited right to access, use the Site and the materials provided through Our Services, under such conditions that you comply with this Agreement. The content of the Site are produced for Your personal, and non-commercial use. You agree to not interrupt or attempt to interrupt the operation of this Site in any way.
12.2 Entire Agreement
In the circumstance that that any aspect of this Agreement is held unenforceable, the unenforceable portion shall be interpreted in accordance with applicable law in order to replace and uphold the original intentions of both parties, and the remainder of the provisions shall remain in full effect. This Membership Agreement is between You and the provider, Public Data Check. If you are unable to comply with the set forth terms, please do not move forward, access, or use the Site.
12.3 Governing Law
THIS MEMBERSHIP AGREEMENT AND ITS CONDITIONS SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
PLEASE REVIEW THIS FOLLOWING PROVISION. ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ANY SIMILAR PROCEEDING. ARBITRATION IS AN ALTERNATIVE DISPUTE RESOLUTION; AN ARBITRATOR, INSTEAD OF A JUDGE AND/OR JURY RESOLVES THE PRESENT DISPUTE. AN ARBITRATOR'S DECISION IS FINAL AND BINDING, AND TAKES PLACE OUTSIDE OF THE COURT SYSTEM.
Any claim or dispute between You and Us (including anyone connected with You or Us or claiming through You or Us) arising or related to Your membership ("Claim"), including Claims related to the applicability of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of American Arbitration Association ("AAA"). Exceptions include any AAA rules providing class action claims or class arbitration.
Any Claim regarding the validity of enforceability of this arbitration provision shall be governed by the laws of the State of California, without giving effect to the choice of law provisions thereof. The determination of any questions referring to the scope of this arbitration provision, or whether or not Your Claim is in accordance shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1-16 ("FAA"), and shall be determined by interpreting the provision in the broadest sense the law will allow it to be defined.
All Claims are subject to arbitration (including, Claims based on contract, tort (and intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. The arbitration shall be conducted before a single arbitrator, applying substantive laws of the State of California to the Claims. The arbitrator's authority is limited to the present Claims between You and Us only. The arbitration will not be consolidated with any other arbitration proceeding. The arbitrator shall not be authorized to treat any Claim on a class or representative action. Both parties (You and We) do not agree to any arbitration on class or representative basis.
Claims made as part of class action, private attorney general or other representative action are subject to arbitration on an individual (non-representative) basis. As an exception to arbitration, You and We preserve the right to pursue in a small claims court located in a federal judicial district that includes your billing address (listed billing address at the time of the filed Claim), any Claim that is in accordance with the court's jurisdiction, and is conducted on an individual basis.
Arbitrary information, rules, and forms can be obtained through the American Arbitration Association (AAA) at, www.adr.org. Claims may be filed in any AAA office, but any participatory hearing that You attend shall take place in Santa Barbara, County. Exceptions to this may include if You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed. If you succeed in the arbitration of any Claim against Us, We will compensate, reimburse the fees you paid to AAA in relation with the arbitration. Any decision provided will be final and binding on the parties. Judgment may be entered in a court of competent jurisdiction.
This arbitration provision is relevant to all Claims in current existence, or which may arise in the future. The arbitration provision shall prevail to all existing and previous members. The arbitration provision shall also pertain to voluntary payment of the debit or bankruptcy by You.
IF YOU SUBMIT THIS NOTIFICATION WITHIN THIS TIMEFRAME AND CHOOSE NOT TO ACCEPT THE BINDING PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM UNLESS THE MEMBERSHIP IS OTHERWISE EXCUSED HEREUNDER. IN THE CASE YOUR MEMBERSHIP IS CONTINUED; WE SHALL HAVE THE RIGHT TO TERMINATE MEMBERSHIP AT THE END OF THE TERM, WITH NO OPTION TO RENEW. FOR MEMBERS ON THE MONTHLY PLAN THIS REFERS TO THE TWELFTH (12th) MONTH OF THEIR MEMBERSHIP.
14.1 Copyright and Trademark Notices
You acknowledge that the Public Data Check website contains information, data, software, photos, video, text graphics, music, sounds, or other material ("Content") which are protected by propriety rights, including but not limited to, copyrights, patents, trademarks, and trade secrets. These rights are in accordance with trademark and copyright laws and protect all forms of media, and technologies existing now or in future developments. All Content is copyrighted under U.S. copyright laws. The program name and associated logo are our service marks. All service marks and trademarks which appear on the Public Data Check website are the trademarks of their respective owners. You are prohibited from law from modifying, publishing, transmitting, transferring, selling, or in in any way exploiting any Content in whole or in part.
15.1 Consent to Electronic Communications
You consent to receive communications from Public Data Check regarding membership information, either by e-mail or by notices displayed and posted on the Public Data Check website, as determined by Us in our discretion.
You agree that any requirement that an agreement, disclosure, notice or other communication be administered and sent to You by Us in writing is fulfilled by such electronic communication. You agree that Public Data Check or the provider of the program may send You e-mails regarding account notices and information about aspects of the program and services, such as featured products/ services, new offerings, or discounts. You agree that this information is provided as part of Your membership and account with Public Data Check.
Subscribing to Public Data Check, indicates You are bounded and have agreed to these terms and conditions. © Public Data Check. National Data Analytics, LLC. All rights reserved.