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Cyber Detective Plus Terms and Conditions
CYBER DETECTIVE PLUS TERMS AND CONDITIONS OF USE

The CYBER DETECTIVE PLUS service Investigation Portal is a vehicle for individuals to conduct public records and information searches throughout the United States. Cyber Detective Plus is owned and managed by Cyber Detective, Inc. ("Cyber Detective").

This is a legal agreement ("Agreement") between you and Cyber Detective. Please read the Agreement carefully before registering for the Cyber Detective Plus service. By registering for Cyber Detective Plus you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the service.

You should periodically review these Terms as Cyber Detective Plus may revise them from time to time as may be appropriate. Failure of the member to abide by these Terms and Conditions may result in a $250.00 non-compliance fee and/or termination of service.

Either party may terminate this membership at anytime, for any reason, effective upon sending written notice to the other party. Cyber Detective reserves the right to immediately suspend or terminate your access to the service, without notice, upon any breach of this Agreement by you.

Your membership in the service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. This service is for your personal enjoyment. Utilizing information obtained from the site for anything other than entertainment is done solely at the risk of the member. No representations, neither express nor implied, or made as to the validity of any data provided. While Cyber Detective has made every effort to supply you with current and valid data, there can be no guarantee as to any specific piece of data obtained by members.

CONDITIONS OF USING THE SITE

As a Member, you agree that:

You will use the service in a manner consistent with any and all applicable laws and regulations. You will not use the information obtained from this site to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from this site. You further agree not to provide any information obtained from this site to any third party who is not a member of this site.

Cyber Detective is providing information on this Site for informational purposes only. Cyber Detective MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Cyber Detective DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL HD PUBLISHING GROUP (OR ITS SUBSIDIARIES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS SERVICES AND RELATED MATERIALS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HD PUBLISHING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

In providing this service Cyber Detective is not rendering legal, private investigation or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought.

Throughout this Site, hyperlinks to other web-based sites are provided for all Users' convenience. Such external Web sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Cyber Detective. Cyber Detective does not endorse, approve, certify, or control these external Web sites and does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at such Web sites. Cyber Detective assumes no liability for the currency, accuracy, or availability of any information on these Web sites or for any fees charged by such sites. Use of any information obtained from such Web sites is voluntary on the part of the member, and reliance on such information should only be undertaken at member's own risk. Reference therein to any specific commercial product, process or service does not constitute or imply endorsement, recommendation or favoring by Cyber Detective.

You agree that if and when you choose to cancel your membership, you will do so by calling the Cyber Detective customer support department as detailed at www.cyberdetective.net/dss. There is no charge applied by Cyber Detective for the actual cancellation. As emails can be misrouted and the identity of the user cannot be verified from an email, no cancellation requests sent via email will be honored. Because of the unlimited user access granted to you during the period of subscription, all monthly charges made via the system are NON-REFUNDABLE..

You agree that you understand that you will be charged a monthly service charge. One month is agreed by each member to be a 30-day period. 30 days following the date you joined, an amount equal to the monthly service charge in effect at the date you joined will be charged to the credit card on file for the member. You can cancel your Cyber Detective Plus subscription at any point during a monthly period to avoid subsequent monthly subscription fees being billed. Under no circumstance will subscription charges be refunded, regardless of the amount of time left on the member's monthly term.

FREE OR REDUCED COST PROMOTIONAL OFFER

If you have joined under a SPECIAL INTRODUCTORY TRIAL OFFER (for example, first three days for $9.95), you hereby acknowledge that a credit card charge reflecting the monthly fee will occur beginning at 6 p.m. Eastern Standard Time ("EST") on the day the trial period is completed. Once a charge is made for the monthly service fee, no refunds will be granted unless you have cancelled your subscription via phone prior to 6 p.m. EST on the day the trial period ends and possesses proof of cancellation. Proof of cancellation shall be limited to possession by you of an automated confirmation email from Cyber Detective showing the date and time of said cancellation. Said cancellation must have occurred prior to the end of the trial period. Said trial period is calculated to include as a full day the day you started your introductory trial period, regardless of the amount of time actually remaining in that day. For example, a member joining under a 3 day trial period on Thursday evening will be charged a monthly subscription charge on Saturday at 6:00 p.m. EST

RE-ACTIVATION

You agree that there is 1 (one) trial offer for use per member and member's family. You further agree that if and when you choose to re-activate and continue your subscription, you will do so either by phone or by use of the re-activation link provided in the original cancellation confirmation email, which will re-activate your subscription at the regular monthly charge. Use of multiple introductory trial offers by you will be considered a breach of this agreement and remedy may include application by Cyber Detective of one regular monthly membership charge for each additional trial period utilized by you after the first, even if each subsequent membership trial is cancelled within the said trial period. You agree to pay any and all such additional monthly membership charges.

INDEMNITY BY MEMBER

User agrees to defend, indemnify, and hold harmless Cyber Detective, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, including any breach by you of the terms of this Agreement.

ONLINE CONTENT

Cyber Detective does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Cyber Detective be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to members.

PROPRIETARY RIGHTS

Cyber Detective, Inc. owns and retains proprietary rights in the Cyber Detective Plus.

CHANGES IN TERMS AND CONDITIONS

It is the user's responsibility to review the terms and conditions upon each use of Cyber Detective Plus to identify and review any changes in the Terms and Conditions of the site. Any changes are effective at 6 p.m. Eastern Standard Time of the day the change was posted. However, the length of a member's active trial period and the active monthly membership fee are not changeable, provided the member is currently engaged in a membership period, without written notice to the member, to be sent to the email address on file for the member at least 48 hours prior to any such change. The date and time of such notice will be the date and time said email was sent. Cyber Detective will provide member at least 48 hours after sending notice to review the changes and cancel his/her membership prior to any price increases or trial length changes.

INFORMATION SUPPLIED BY MEMBER

Cyber Detective will keep confidential your credit card number(s) and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

As stated in our Terms and Conditions (section shown below), we add information about our members to our database when they purchase Cyber Detective Plus . Any information that we add is to our database only. We do not share, trade, or sell any information we have collected.

Cyber Detective does, however, add to its online database (which is available to all members) information concerning and limited to member's name, address, and phone number. If for any reason, a member does not wish to have said information included within the database, they may notify Cyber Detective that they wish to be excluded and said information will be submitted to our Data Management Department for removal within 15 days of receipt of said written request. Said request for removal shall be delivered, in writing, with notarized signature, to the corporate offices of Cyber Detective, Inc. at 1392 S. Woodland Blvd, Deland, Florida, 32720, Attn: Data Management Dept., and shall specify in detail all information that member requests be removed.

COMPLAINTS

To resolve a complaint regarding the service, you hereby agree to first contact Customer Support via phone or support form found at www.cyberdetective.net/dss and to work in good faith towards a successful resolution of your complaint for a period of up to thirty (30) days prior to initiating any further legal remedies which might be available to you by law. Should the complaint not be satisfactorily resolved within sixty (60) days following an emailing of said complaint, member agrees to limit remedy to binding arbitration, to take place in the jurisdiction of Volusia County, Florida.

DISCLAIMER OF WARRANTY

Cyber Detective provides the Cyber Detective Plus service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with Cyber Detective or its representatives, or otherwise with respect to the service. Cyber Detective specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Cyber Detective does not warrant that your use of the service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected.

LIMITATION OF LIABILITY

In no event will Cyber Detective be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the service, even if Cyber Detective or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, Cyber Detective’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Cyber Detective for the service during the term of membership.

STATE BY STATE VARIATIONS

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

GENERAL PROVISIONS AND GOVERNING LAW

You agree that Florida law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in Florida. This Agreement, accepted upon registering for the Cyber Detective Plus contains the entire agreement between you and Cyber Detective, Inc. regarding the use of the Service. This Agreement may only be amended upon notice by Cyber Detective to you, or by a writing signed by you and an authorized official of Cyber Detective. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

PROCESSING

Processing services provided by Cyber Detective, Inc.

COPYRIGHT POLICY

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they download does not infringe the copyrights nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.

Cyber Detective, Inc. Copyright 2006. All rights reserved.