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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. |