TheOnlineInvestigator Websites Terms of Use

Effective: January 1, 2008
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE

Agreement to Terms
By using the Websites, you agree to this Agreement and the TheOnlineInvestigator Privacy Policy, which is incorporated into this Agreement by reference. Each time you use a Website, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by this Agreement, you may discontinue using the Websites. You cannot purchase any services on the Websites until you have accepted the terms of this Agreement.

TheOnlineInvestigator may change the terms of this Agreement at any time, in its sole discretion, and without notice to you. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Websites. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Websites.

Terms of Purchase
After you complete your purchase on this Website, you will gain access to our Member's Area. Your membership fee will grant you unlimited access to our member's area. TheOnlineInvestigator.com offers two different memberships, TheOnlineInvestigator Basic and TheOnlineInvestigator Advanced.
TheOnlineInvestigator Basic:
The TheOnlineInvestigator Basic ("Basic" means that you do not receive full access to search results and reports for certain searches) membership is a one year non-recurring subscription (you pay only once) to the following searches: Basic Arrest/Warrant Search, Basic Background Check, Preliminary State Criminal Records Search, Basic Sex Offender Search, People Search by Name, People Search by Address, Reverse Landline Phone search, Reverse IP Search, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Relative Search, Neighborhood Check, Business Name Search. Please note that the above mentioned searches may change without notice.
TheOnlineInvestigator Advanced:
The TheOnlineInvestigator Advanced membership is a recurring subscription which gives you access to our "Advanced" member's area. The TheOnlineInvestigator Advanced membership will give you unlimited and full access to search results and reports for all searches available in the TheOnlineInvestigator Advanced member's area. These searches may include: Arrest/Warrant Search, Background Check, State Criminal Records Search, National Criminal Records Search, Sex Offender Search, Inmate Search, People Search by Name, People Search by Address, People Search by Phone, Reverse Phone Search, Business Search, Relative Search, Neighborhood Check, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Deep Web Search and Reverse IP search. Please note that the above mentioned searches may change without notice.
If you purchased our 3 day trial membership you will gain unlimited advanced access to TheOnlineInvestigator.com's member's area. If you decide to cancel within the 3 day trial period you will only be charged the initial subscription fee. Please note that the $2.95 trial fee is deducted when you sign up for our service and it is used to facilitate the initial transaction and may not be refunded if you decide to cancel your trial subscription. If you wish to cancel your trial please make sure you send us an email (cancellations@TheOnlineInvestigator.com) at least 24 hours before the last trial day. Otherwise you will be charged a fixed monthly fee ($29.95 or $19.95 depending for which membership type you signed up for) until you cancel. You will be charged every month for your TheOnlineInvestigator.com membership. This is regardless of whether or not you access the service and regardless of the content and accuracy of the reports (including empty reports, often referred to as "No Hit" results). You may choose to cancel your TheOnlineInvestigator.com membership at any time after which your membership will become inactive and you will not be allowed to login to the member's area.

Data on the Websites
The Websites allow you to conduct searches of various public records, as described above. Any data presented as a result of these searches (the "Data") is derived from records that are not in the control of TheOnlineInvestigator and may not always be accurate or complete. Please see the Warranties section below for more information. If you have questions about any Data, or wish to dispute the accuracy of any Data, you should contact the official record keeper.

Your Account Only individuals who are United States residents who are eighteen (18) years of age or older may create an account and conduct searches on the Websites. Accounts are for individual use and you are strictly prohibited from allowing third parties to use your account. You are entirely responsible for maintaining the confidentiality of your account and you agree to indemnify and hold harmless TheOnlineInvestigator for losses incurred by TheOnlineInvestigator or another party due to any use of your account by a third party. You agree to notify TheOnlineInvestigator immediately if you become aware or suspect that any third party is using your account.

Use of Data
By conducting any searches on the Websites, you represent and warrant that you will only use the Websites and Data for a lawful purpose. Examples of lawful purposes include, but are not limited to: (a) fraud prevention; (b) asset verification; (c) location of criminals, witnesses, beneficiaries, or heirs; (d) research for debt collection activities; (e) child support enforcement; and (f) compliance with federal, state, or local laws or regulations. You may not use the Websites or Data for any unlawful purpose. Examples of unlawful purposes include, but are not limited to: (a) stalking or harassing any individual; (b) requesting information under false pretenses; and (c) using Data for any other purpose prohibited by law ("Unlawful Purposes"). Furthermore, you agree not to access, reproduce, duplicate, sell, resell, transfer, or exploit the Data for any commercial purposes. NOTE: TheOnlineInvestigator is not a consumer reporting agency as defined under the Fair Credit Reporting Act ("FCRA"), and the information in our databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. You may not use the Websites or Data to: (a) establish an individual's eligibility for personal credit or insurance; (b) assess risks associated with existing consumer credit obligations; or (c) evaluate an individual for employment, promotion, reassignment or retention (including employment of household workers such a nannies, housekeepers, or contractors) or in conjunction with assessing the merits of entering into any other personal business transaction with another individual ("Unauthorized Purposes").

Copyrights and Trademarks
The Websites, and any information and materials contained therein, including but not limited to graphics and editorial content ("CIS Content"), are owned by TheOnlineInvestigator and/or its licensors, and are protected by copyright, trademark, patent, trade secret, and/or other laws. TheOnlineInvestigator and/or its licensors own and retain all rights, including the worldwide copyright, in the CIS Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You agree that you shall not use the CIS Content in any way whatsoever except as in compliance with the terms of this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the CIS Content, and you shall not exploit the CIS Content in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity. You agree not to alter or delete any proprietary notices from CIS Content downloaded or printed from the Websites.

All brand and product names are trademarks or registered trademarks of their respective companies. You are prohibited from using any of the marks or logos appearing throughout the CIS Content without express permission from the trademark owner, except as permitted by applicable law.

Warranties
TheOnlineInvestigator provides access to Data compiled and maintained by third parties. TheOnlineInvestigator does not create, verify, or guarantee the accuracy of such Data. TheOnlineInvestigator is not necessarily affiliated with, endorsed by, or compensated by these third parties.

THE DATA AND THE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, TheOnlineInvestigator 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. TheOnlineInvestigator 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 DATA OR THE WEBSITES. YOUR USE OF THE WEBSITES AND DATA IS SOLELY AT YOUR OWN RISK.

Limitation of Liability
TheOnlineInvestigator's entire liability and your exclusive remedy with respect to any dispute with TheOnlineInvestigator is to discontinue your use of the Websites. TheOnlineInvestigator and its vendors shall not be liable for any indirect, special, incidental, consequential, or exemplary damage arising from your use of the Websites or for any other claim related in any way to your use of the Websites. These exclusions for indirect, special, incidental, consequential, or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if TheOnlineInvestigator had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, TheOnlineInvestigator's and its vendors' liability shall be limited to the extent permitted by law.

Indemnification
By using the Websites, you agree to indemnify and hold TheOnlineInvestigator, its directors, officers, employees, affiliates, agents, contractors, licensors, and subsidiaries harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Websites or Data in violation of this Agreement, (ii) your use of the Websites or Data for Unlawful or Unauthorized Purposes, and/or (iii) your breach of this Agreement or your violation of any law or the rights of a third party.

Termination
TheOnlineInvestigator has the right to terminate or restrict your account and/or access to the Websites for any reason, or no reason whatsoever, including, without limitation, if TheOnlineInvestigator, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. TheOnlineInvestigator may, but shall be under no obligation to, provide you a warning prior to termination or restriction of your use of the Websites. TheOnlineInvestigator will not be liable to you or any third party for its termination or restriction of your account and/or access. TheOnlineInvestigator also reserves the right to terminate any Website or any part of any Website at any time, without notice or liability to you.

Hyperlinks
The Websites may contain hyperlinks to third-party websites as a convenience to you. TheOnlineInvestigator does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that TheOnlineInvestigator is not responsible or liable for any content or other materials on these third party sites.

Use of Ideas Submitted
The Websites may contain hyperlinks to third-party websites as a convenience to you. TheOnlineInvestigator does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that TheOnlineInvestigator is not responsible or liable for any content or other materials on these third party sites.

Electronic Notices
By using the Websites, you agree to receive electronic communications from TheOnlineInvestigator. You agree that any notice or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Arbitration
Any dispute concerning the Data, the Websites, or this Agreement shall be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the Arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party shall be entitled to collect its reasonable attorneys' fees in addition to any other relief the party may obtain.

If any provision of this Agreement is found to be invalid by any court having any competent authority, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.

General
Data, materials, features, products and services may be added to or withdrawn from the Websites or otherwise changed without notice.

The Websites are not affiliated with the United States Government or any Federal or State government agency.

Opt Out Policy
Under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, an individual may opt-out of having certain of their information included in Data if one of these conditions exists: (1) 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 (2) you are a victim of identity theft; or (3) you are at risk of physical harm; or (4) you have evidence the record is incorrect or expunged. To opt-out, submit the following information:

1) A written explanation for the opt out request. Identify the specific location of Your Data on our Website, and where your personal Data is publicly available, identify one of the four conditions You enabling you to opt-out of having your personal Data removed, and describe why such personal Data that is publicly available is inaccurate and harmful. NOTE: Please submit ONE request per individual.

2) Copy of your current driver's license or state identification (this information is necessary in order for us to authenticate that the request is being made by the individual to whom the information belongs to).

All requests must include:
- Full name and date of birth
- Aliases, if any
- Current address
- Previous addresses
- Phone
- Email address

3) Specific complete details of the records you are requesting to be removed
NOTE: Only your current and up to two previous address records will be removed.

4) Include a print out of the records you wish to have suppressed.

5) Copies of any applicable court orders, if any.

You may request to opt-out by submitting your information to the following fax number:

DataDetective Opt Out Compliance Dept.
Fax: (617) 507-0410
P.O. Box 990043
Boston, MA 02199
IMPORTANT NOTE: Unsigned or incomplete requests will not be processed. 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.

>>> This Fax Number is for opt-out requests ONLY. Please click HERE to submit a customer service request for any other issues.

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.