SearchBug Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

Through your access of this Website ("SearchBug"), you ("Customer") accept, without limitation or alteration, all the following terms and conditions:

Restricted License. SearchBug hereby grants to Customer a restricted, non-transferable, non-exclusive license to use all SearchBug Services, both currently existing and as may become available in the future, subject to the restrictions and limitations set forth below.
General Restrictions. Customer represents and warrants that all of Customer's use of the SearchBug services shall be only for appropriate, legitimate purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, Customer agrees that SearchBug services and information may not be used to bother, stalk, harass, threaten or embarrass any individual. Customer may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18. Customer agrees not to access and/or use the SearchBug services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine applications approved by SearchBug. Customer may not use data to create a competing product. Customer may not use the SearchBug services for marketing purposes or resell or broker the SearchBug services to any third party.
FCRA Restrictions. SearchBug is not a "consumer reporting agency" as that term is defined in the Fair Credit Reporting Act, (15 U.S.C. 1681, et seq.), ("FCRA"). The information in the SearchBug databases does not constitute Consumer Reports, as defined in the FCRA. Accordingly,
1. Customer certifies that it will NOT use any of the information it receives through SearchBug services for any of the following purposes:
  1. in establishing a consumer's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations
  2. for employment, promotion, reassignment or retention purposes;
  3. any personal business transaction with another individual;
  4. in connection with a determination of a consumer's eligibility for a license or other benefit granted by a government agency; or,
  5. for any other purpose deemed to be a permissible purpose under the FCRA;
2. Customer may use, except as otherwise prohibited by this Agreement, information received through SearchBug services for the following purposes:
  1. to verify or authenticate an individual's identity;
  2. to prevent or detect fraud or other unlawful activity;
  3. to locate an individual;
  4. to review the status of a legal proceeding; or,
  5. to decide whether to buy or sell consumer indebtedness in a commercial transaction;
3. Customer shall not take any "adverse action," as that term is defined in the FCRA, or otherwise act in a manner that is contrary to a consumer's interest unless the basis for doing so is information Customer obtains from a source other than SearchBug services.
Misuse. All searches and uses of SearchBug services are tracked, and you consent to such tracking and to the provision of all information about your use of our services to law enforcement and others as may be useful to respond to allegations that our service or information has been misused. Customer agrees to fully cooperate with all audits of our customers and our systems generally. Customer further agrees that if SearchBug determines or reasonably suspects that Customer is engaging in marketing activities, reselling or brokering SearchBug information, making automated queries or is otherwise violating any provision of this Agreement, or any of the laws, regulations, SearchBug may take immediate action, including terminating the delivery of, and the license to use, the SearchBug services.
Fees and Refund Policy. Fees for use of SearchBug are posted on the various search pages and the service catalog page. Customer agrees to pay the fees associated with the use of the SearchBug services by providing us with a valid credit card or paying with PayPal account, where applicable. Customer hereby certifies that the Customer is an authorized user of the credit card or PayPal account. Customer is responsible for (and must pay for) all use of our services made by individuals using Customer's account. Customer can request a refund if the results are not received due to technical error or other Website issue. SearchBug will also adjust any duplicate or erroneous charges, if their occur. The amount of a refund is limited to the actual fees paid. We do not reimburse bank fees, NSF fees or "over limit fees" in conjunction credit cards or bank debit cards. If Customer suspect that unauthorized use of their account is taking place, you must notify us immediately.
Performance. SearchBug will use reasonable efforts to deliver the SearchBug services requested by Customer provided, however, that Customer accepts all information "AS IS". Customer acknowledges that the information obtained from SearchBug services has been compiled from third-party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on SearchBug for the accuracy or completeness of information supplied through the SearchBug services. SEARCHBUG HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer assumes all risks associated with the use of SearchBug services and information.
Limited Liability. SearchBug shall not be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the SearchBug Services) for any loss or injury arising out of or caused in whole or in part by SearchBug acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the SearchBug services. If, notwithstanding the foregoing, liability can be imposed on SearchBug, then Customer agrees that SearchBug's aggregate liability for any and all losses or injuries arising out of any act or omission of SearchBug in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not sue SearchBug for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against SearchBug.
Indemnification. Customer agrees to protect, indemnify, defend, and hold harmless SearchBug, its officers, directors, employees and agents from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to use of information received by Customer (or any third party receiving such information from or through Customer) furnished by or through SearchBug.
Other Terms. This Agreement shall be governed by California law. Failure by either of us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition. The terms and conditions set forth here constitute our entire agreement, and any additional or different terms or conditions set forth in any other document, including without limitation any purchase order, shall be of no effect.