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CisworldWide.com's Terms and Conditions of Use Definitions The following
Definitions shall apply to the access to and use of the CIS
WorldWide services and products. “User”
includes the individual subscriber, its owners, partners,
employees, agents, contractors and subcontractors.
User agrees that it is responsible for the use of the CIS
WorldWide services and products by any temporary employee
and independent contractor or subcontractor to the same
extent as if such were an employee of the User.
“User” does not include customers, clients, or other
third-parties with whom User has a business relationship. “Link”
means a URL (or icon, highlighted or colored text, figure or
image representing a URL) on which a User may “point and
click” or otherwise send a “command” to access any
part of a CIS WorldWide website. 1. Acceptance of Terms of Use The terms and
conditions stated below, along with the policies and
guidelines located throughout this Site (collectively herein
the “Terms of Use”) govern your use of this Site
(“Site"). This Site is devoted to providing data
contained in public records. For a fee, users can obtain
personal information gathered from public records. This
is the sole purpose of this Site (the “Purpose”). By visiting
any area on this Site you are deemed to have accepted the
Terms of Use. Pursuant to your
agreement to the Terms and Conditions set forth herein, CIS
WorldWide grants You a non-exclusive, non-assignable,
non-transferable, limited license to access and use CIS
WorldWide websites products and services. The public
data provided by CIS WorldWide websites may be displayed and
printed by You for Your own individual use only and not for
further distribution, dissemination, or display to third
parties or other of Your employees, except as otherwise set
forth herein. Notwithstanding anything to the contrary
set forth herein, CIS WorldWide websites may provide access
to and display of public data to you from its own intranet
website to You that will include Links that will direct You
to view the full text of the public data. Except as
otherwise specifically provided herein, You are prohibited
from accessing and using CIS WorldWide products and
services. You have the right
to obtain a single copy of a printout of the CIS WorldWide
public data accessed by You and is in accordance with Your
acceptance of the Terms and Conditions set forth herein and
specifically Agreed to by You. With respect to
public data that includes court cases or court records from
any state or federal court, the right to retrieve the public
data via the downloading commands of the CIS WorldWide
websites, is limited primarily for one User’s exclusive
use, a single copy of that public data obtained, that is not
further limited or otherwise prohibited herein. These Terms and
Conditions of Purchase and Use ("Terms") are
between CisworldWide.com and "you", the person
using CisworldWide.com’s materials, web site and Member
Services department ("Our Services"). By using Our
Services you accept the Terms. 2. Terms of Purchase The day you order our Services marks the beginning of your ability to access Our Services. You will have the use and access of the CIS WorldWide products and services in exchange for the payment of funds and fees as set forth herein. Our data is
conveniently organized into three sections: Comprehensive
Background Report, Direct Searches, and Unlimited
Searches. The “Unlimited” background searches are
included in your membership and you can access them without
any restrictions. All “Direct” searches and the
“Comprehensive Background Report” search require funds
to access. Direct searches
include: We have three membership options, “Basic”, “Premium” and “Ultimate”. These plans differ in two ways: duration of access to services and amount of funds included. All three types of subscriptions grant access to our members' area where all our searches are located, including our “Unlimited" people searches and investigative resources. However, Basic and Premium subscribers can access our members' area only until their memberships expire. Only our Ultimate membership plan offers unrestricted access to our members' area without any expiration date. In addition to receiving access to our members' area, subscribers also receive a set amount of funds which can be used to conduct paid searches, including all "Direct" searches and the "Comprehensive Background Report" search. We automatically credit funds to subscribers' CIS Worldwide accounts. Once you are logged in, you may view your account details in the top left corner of the page. The amount of funds
that each subscriber receives depends on the membership
option that he or she chooses. The minimum “Basic”
subscription comes with enough funds for a complete
individual investigation and records look-up. Should you run
out of funds, you may purchase additional searches in our
members' section. After the expenditure of your funds, your
subsequent use of the CIS Worldwide's products and services
will be subject to CIS Worldwide’s then-current rates. We
use only SSL encryption technology to protect the security
of your credit card information and financial data as it is
transmitted to us. 3. Privacy Policy Registration,
membership and certain other information about you is
subject to our Privacy Policy. For more information, see our
full Privacy Policy. CIS WorldWide
values its customers and respects their privacy. We
collect only public data for your use subject to the Terms
and Conditions set forth herein and also for billing and
payment for our products and services accessed by You in
order to improve your CIS WorldWide experience and to
communicate with You about our products, services and
promotions. CIS WorldWide recognizes that it must
maintain and use Your information in a conscientious manner. We collect
information about You (such as your name, e-mail address, a
record of the accessed data, and other information) and save
that information in our secure databases to confirm your
order, process your payments, and to quickly assist you when
you have a question or problem about your order. CIS WorldWide
acquires public data, records, and non-public information
only from established, reputable sources in the government
and private sectors Reasonable steps are taken to (a)
review the supplier’s data collection practices and
policies; (b) review the supplier’s business practices;
(c) review the financial condition of the data supplier; and
(d) review the types of data the supplier sells (i.e. public
record, publicly available, or non-public information.)
CIS WorldWide obtains a written assurance from each data
provider that the supplier has the legal right to sell the
data to CIS WorldWide. CIS WorldWide
websites may contain links to other sites that are not under
our control. These websites may contain policies
regarding privacy and other terms that are different from
those of CIS WorldWide. In such cases, you should
review those websites’ privacy policies before visiting
them. We have no responsibility for the content of
these other websites and provide them solely for Your
convenience. CIS WorldWide and
its affiliates regularly monitor its business practices to
ensure compliance with its Privacy Policy set forth herein. CIS WorldWide may
access or disclose information about You, your account,
and/or the content our communications, in order to: (a)
comply with the law or legal process served on us; (b)
enforce and investigate potential violations of the
Conditions and Terms of Use, including use of our products
and services to participate in, or facilitate, activities
that violate the law; or (c) protect the rights, property or
safety of CIS WorldWide and its affiliates, its employees,
its customers or the public. You hereby consent to the
access and disclosures outlined herein. If our data collection practices change in the future, we will let you know by posting the policy on CIS WorldWide websites or by communicating directly with you. 4. Limitations of Usage Membership is
limited to individuals 18 years and older. Consistent
with the Children’s Online Privacy Protection Act of 1998,
we will never knowingly personally identify or provide
personally identifiable information to or from anyone under
the age of 13 without prior verifiable consent. If we
become aware that a User is under the age of 13 and has
accessed a CIS WorldWide website without prior parental
consent, we will remove his or her personally identifiable
information from our websites. 5. Access
and Interface You agree that you will use reasonable efforts to restrict access to and use of the CIS WorldWide website products and services to authorized Users. In no event will User place, cause to be placed, or display CIS WorldWide content on Your or any other person or entity’s home webpage without prior express permission and authorization from CIS WorldWide. To the extent that you suspect or become aware of any unauthorized user or employee accessing CIS WorldWide websites, or we become aware that such access appears to be occurring through audits conducted by us, then You and CIS WorldWide will jointly agree on corrective action to be taken that may include the following: (a) payment of additional fees, and (b) Your implementation of necessary technology or your intranet website to restrict access to authorized Users. You agree not to share your personal identification information with any third party. CIS WorldWide will provide You with public data that is retrieved by means of a “Search” conducted by “clicking on” a “button” on the CIS WorldWide website that corresponds to the desired public data. If You copy, co-mingle, or interlineate any public data obtained from a CIS WorldWide website, You agree that any such use will bear and contain CIS WorldWide branding and include a copy of all applicable copyright notices. You are strictly prohibited from displaying any data obtained or retrieved from any CIS WorldWide website on any public-facing website or on any password-protected, members-only portion of Your website that is accessible to third parties that have a business relationship with you, including your clients and customers. You shall not use or permit the use of any CIS WorldWide website product or service in any way that compromises the integrity thereof or that infringes any copyrights or propriety interests on any third party. Furthermore, you shall not use the CIS WorldWide products and services to conduct ad hoc searches of CIS WorldWide products and services. A breach of this Section shall be grounds to immediate termination of your use of the CIS WorldWide products and services. By accessing this website for Our Services or for any other reason, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. 6. Use of Information and Ideas Submitted You hereby acknowledge and agree that CisworldWide.com is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to CisworldWide.com or may have with an CisworldWide.com representative (the "Ideas"), and CisworldWide.com shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by CisworldWide.com for commercial purposes, including use by CisworldWide.com for developing, manufacturing and marketing products and creating, modifying or improving the CisworldWide.com or other products, services or Websites affiliated with the CisworldWide.com. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce or modify the Ideas. There may be links on this Site that will permit you to travel to other, third-party sites over which CisworldWide.com has no control. CisworldWide.com makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites which you may access through this Site. CisworldWide.com does not endorse or accept any responsibility for the content, or use, of any such linked web sites. 7. No Resale of Our Services You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services. 8. Restrictions on Use Our Services may NOT be used for the following uses: 1. To locate people to develop a news story. 2. For locating lost loved ones, friends, or family for personal reasons. 3. For purposes that may cause physical or emotional harm to the subject of the report. 4. For individuals involved in an adoption. 5. To locate information on well known/high profile celebrities or government officials. 6. To determine a consumer’s eligibility for (a) credit or insurance for personal, family, or household purposes; or (b) a government license or benefit. 7. For purposes that are not within your stated normal course of business. 9. Permissible Uses of our Services Permissible uses of our Services include: 1. To effect, administer or enforce a transaction authorized by the consumer. 2. To prevent actual or potential fraud, unauthorized transactions, claims or other liability. 3. For use in required institutional risk control programs. 4. For use in resolving customer disputes or inquiries. 5. For use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer. 6. For use by persons acting with the consumer’s consent in a fiduciary or representative capacity. 7. For use in complying with federal, state of local laws, rules and other applicable legal requirements 8. For
use and to the extent specifically permitted or required
under other provisions of law and in accordance with the
Right to Financial Privacy Act of 1978, to law enforcement
agencies (including a federal functional regulator, the
secretary of the treasury, a state insurance authority, or
the Federal Trade Commission), self-regulatory
organizations, or for an investigation on a matter related
to public safety. You hereby certify
that you will only use the data available on this Site for
one of the permissible uses listed above. Other
provisions that govern Your use of the data obtained on any
CIS WorldWide web site is as set forth in the applicable
price schedule, the online descriptions of the public data
available, online notices included in the CIS WorldWide
websites, and found in the individual documents retrieved
from the CIS WorldWide web sites are all incorporated herein
by reference as if fully rewritten herein. 10. Disclaimer of Warranties CisworldWide.com is
a provider of information, gathered from publicly available
data. CisworldWide.com does not create, verify, or
guarantee the accuracy of such data; rather,
CisworldWide.com receives its information from various
sources, including Internet sites. It is not necessarily
affiliated with or endorsed by these sources, or compensated
by them. All materials and information available through Our
Services are provided "as is" and "as
available", and without warranties of any kind, express
or implied, and specifically including the warranties of
merchantability and fitness for a particular purpose. THE MATERIALS ON
THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
POSSIBLE PURSUANT TO THE APPLICABLE LAW, CisworldWide.com
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER
VIOLATION OF RIGHTS. CisworldWide.com 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 MATERIALS ON THIS SITE OR ANY
SITES LINKED TO THIS SITE. 11. Limitation of Liability IN NO EVENT WILL CisworldWide.com BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions
do not allow the exclusion or limitation of incidental or
consequential damages; In such jurisdictions
CisworldWide.com’s liability shall be limited to the
extent permitted by law. CIS WorldWide and its affiliates shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the products and services available from any CIS WorldWide website , (c) your use of the CIS WorldWide website products and services, (d) your use of any equipment in connection with the use of the CIS WorldWide website, (e) the content of the public data, or (f) any delay or failure in performance beyond the reasonable control of CIS WorldWide or its affiliates. The aggregate liability of either CIS WorldWide or any of its affiliates in connection with any other claim arising out of or relating to the products and services shall not exceed the amount of your actual direct damages. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may otherwise have. CIS WorldWide and its affiliates shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting form, or arising in connection with the products and services, public data, materials or the failure of either CIS WorldWide or its affiliates to perform any obligation, regardless of any negligence of either CIS WorldWide or its affiliates. 12. Indemnification You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless CisworldWide.com, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement. 13. CisworldWide.com’s Proprietary Rights You acknowledge and agree that Our Services and any necessary software used in connection with Our Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Our Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CisworldWide.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Services or the Software, in whole or in part. 14. Copyright All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of CisworldWide.com, its content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of CisworldWide.com and protected by U.S. and international copyright laws. All Software used on this site is the property of CisworldWide.com or its software suppliers and protected by United States and international copyright laws. All right, title and interest (including all copyrights and other intellectual property rights) obtained in any search conducted in any CIS WorldWide website (including both printed and machine-readable forms) belong to the provider of that public data or its third party suppliers of materials. You may not print or download these materials without using the printing or downloading command of the accessed CIS WorldWide web site. To the extent permitted by applicable copyright law and not further limited or prohibited by the Terms and Conditions set forth herein, you may make copies of searches obtained and retrieved pursuant to your purchase of a CIS WorldWide product or service. You are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using public data obtained from any CIS WorldWide website. Except as specifically provided herein, you may not use the CIS WorldWide website products and services,or any public data retrieved from any CIS WorldWide web site, in any fashion that infringes on the copyright or propriety interests described herein. You may not remove or obscure the copyright notice or other notices contained in any CIS WorldWide web site or retrieved therefrom. 15. Trademarks You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law CisworldWide.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of CisworldWide.com or its affiliates and/or subsidiaries. CisworldWide.coms trademarks and trade dress may not be used in connection with any product or service that is not CisworldWide.coms, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CisworldWide.com. All other trademarks not owned by CisworldWide.com, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CisworldWide.com, its affiliates or its subsidiaries. 16. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 17. Choice of Law and Forum Any action related to these Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any legal proceeding arising out of or in connection with these Terms shall be brought in a state or federal court in Boston, Massachusetts, and hereby waive any jurisdictional or venue defenses otherwise available to you. 18. Severability and Integration Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and CisworldWide.com and its affiliates with respect to this site and our services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CisworldWide.com. If any provision of these terms and conditions is considered void, unlawful, or otherwise unenforceable, it shall be severed without affecting the validity, legality, or enforceability of the remaining provisions, and the parties will endeavor to replace the void, unlawful, or unenforceable provision with a valid, lawful, or enforceable provision that most closely embodies and reflects the original intentions of the parties herein. If any part of these Terms of Use or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. In such case, except as expressly modified herein, all other Terms and Conditions will remain in full force and effect and unaffected by these Terms and Conditions. In the event of any conflict or inconsistencies between these Terms and Conditions and any other provision in any CIS WorldWide websites, these Terms and Conditions will control and prevail. The failure of CIS WorldWide or its affiliates to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 19. Parties in Interest Nothing in these Terms of Use is intended to confer any rights or remedies under or by reason of these Terms of Use on any persons other than the parties to these Terms of Use. No person may assign its rights or delegate its duties under these Terms and Conditions of Use without the prior written consent of CIS WorldWide. These Terms and Conditions of Use may be enforced by any Affiliate of CIS WorldWide either directly or on its own behalf as a third party beneficiary. 20. Notice Notices to you may be made via e-mail. Our Services may also provide notices of changes to the Terms of Use or other matters by displaying notices (or links to notices) generally on Our Services. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the CIS WorldWide websites. Notices shall be deemed to have been properly given as if deposited in the U.S. mails, even if not mailed, on the date first made available, if displayed on a CIS WorldWide website, or on the date actually received, if delivered in any other manner. 21. 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. Alias names, if any
CIS WORLDWIDEWIDE Opt Out
Compliance Dept. IMPORTANT NOTE: Unsigned or incomplete requests will not be processed. >>> This Fax Number is for OPT out requests ONLY. Please click HERE to submit a customer service request for any other issues. In addition, CIS
WorldWide will consider requests for opt-out for good cause.
For all opt-out requests, CIS WorldWide retains the right to
determine whether to grant or deny the request, that
databases to which the request for removal will apply, and
the duration of the removal period. 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. 22. Types and Use of Information Collected In connection with your use of our Web site, we ask for and may collect a variety of information from and about you in various ways. For example, when you register to use our Web site, we ask for and store your name, address, e-mail address, and other identifying contact data. We use personal identifying information to notify customers about updates to our Web site. Accordingly, we may use your e-mail address to contact you directly regarding services or products that we believe may be of interest to you. CIS WorldWide reserves the right to remove any of the public data otherwise available from the CIS WorldWide websites at any time in its sole discretion. However, CIS WorldWide will not unreasonable remove any content or deactivate any Links. 23. Applicable Laws: Users shall not use
this service in violation of any federal, state, or local
laws, including the Fair Credit Reporting Act "FCRA".
By using this site, you agree to protect, indemnify, defend,
and hold harmless CIS Worldwide and all Third Parties from
and against any and all costs, claims, demands, losses, and
liabilities (including attorneys' fees) arising from or in
any way related to use of information by User (or any third
party receiving such information from or through User)
furnished by or through this site. Use of this data for
preparation of consumer reports as defined by the FCRA is
strictly prohibited. |
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