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 resell or broker the SearchBug services to any third party.
- FCRA Restrictions. Unless you are granted access to regulated data through verified business account, SearchBug is not considered 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,
- Customer certifies that it will NOT use any of the information it receives through SearchBug services for any of the following purposes:
- in establishing a consumer's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations
- for employment, promotion, reassignment or retention purposes;
- any personal business transaction with another individual;
- in connection with a determination of a consumer's eligibility for a license or other benefit granted by a government agency; or,
- for any other purpose deemed to be a permissible purpose under the FCRA;
- Customer may use, except as otherwise prohibited by this Agreement, information received through SearchBug services for the following purposes:
- to verify or authenticate an individual's identity;
- to prevent or detect fraud or other unlawful activity;
- to locate an individual;
- to review the status of a legal proceeding; or,
- to decide whether to buy or sell consumer indebtedness in a commercial transaction;
- 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.
- Investigator Services.
SearchBug does not provide the investigation services and only passes the exact information you provided to third party investigation services who then conduct whatever research they deem appropriate in their sole discretion. Customer acknowledges and agrees that SearchBug has no control over how or by what means the information provided was acquired and customer expressly releases, indemnifies and agreed to hold harmless and defend SearchBug. Customer agrees that he/she shall not seek to hold SearchBug liable under any circumstances for information sought, information provided or methods used to acquire it.
SearchBug does hereby guarantee that they will successfully locate data for the search you are seeking within 60 days (please refer to Turn-Around times posted on each individual search). Should SearchBug fail to provide data for the information you are seeking, SearchBug will promptly refund payment to your credit card and/or refund payment via first class mail if payment is made to SearchBug by check upon request. Please refer to Guarantee and No Info Refund information on individual search pages for the amount and conditions of the refund.
Any Customer who has never ordered Investigator Services from SearchBug prior to placing an order shall be considered a “New Customer.” All New Customers will be contacted by phone in order for SearchBug to confirm the order, payment provisions and the verify identity of the Customer.
ORDER CANCELLATION POLICY
- I the customer understand that orders are assigned to private investigators immediately upon submission and therefore, I will have no opportunity to cancel, reconsider or otherwise state a reason why this charge should not be processed and my credit card charged immediately.
- The only grounds upon which a refund will be granted to the Customer by SearchBug are if the information requested cannot be found. Customer dissatisfaction with the quality, quantity, or accuracy of information provided is not grounds to obtain a refund from SearchBug or the Customer’s Credit Card Provider. Since cancellations are next to impossible they can only be authorized by the investigator handling your case. Once the case begins (which is typically immediately), if a search needs to be cancelled by customer, you the customer understand you may be liable for the entire search fee. If your search is determined to be cancellable, there will be a cancellation fee based on the amount of work already performed. Cancellation fees vary by search but will never exceed the actual cost of the search.
- Customer agrees to waive its right to contest the validity of SearchBug charges based upon any grounds except that SearchBug provided absolutely no information to Customer. Customer agrees that Customer will not contest charges made by SearchBug to Customer’s Credit Card which has been authorized by Customer. In the event that Customer violates this agreement and does so contest authorized credit card charges, Customer will be liable to SearchBug for the full amount owed plus interest compounded daily at a rate of 10%, and all fees and costs associated with collecting payment from Customer.
- 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, Cancellations, 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 valid credit card or using other methods of payment, where applicable. Customer hereby certifies that the Customer is an authorized user of the credit card, bank account 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 for an individual paid search if the results are not received due to technical error or other Website issue. SearchBug
will also adjust any duplicate or erroneous charges, if they 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.
Subscription customers with a credit card
authorize SearchBug to charge their credit card automatically on
subscription renewal dates (monthly or annually). Customers may
cancel subscriptions by logging in, clicking 'My Account' tab,
then 'Services', then follow instructions on page.
Canceled subscription will expire on the next
renewal date and Customer credit card will no longer be charged for
the subscription. Customer can request a refund for unused
subscriptions within the first 30 days. The amount of a refund will be determined by
SearchBug based on the Customer usage of included subscription searches.
Customer may request a Refund for unused Prepaid account balances upon closure of account. Please allow 5 - 7 days for banks to show credit.
- Past Due Accounts and Collections.
If your account becomes past due (shows Balance Due), we do not receive a payment in full by the promised due date for services
rendered, or your monthly recurring charges reject and account becomes past due, you may be charged a late fee of the greater of 1.5%
per month (18% annually) or $5/month, subject to the maximum allowed by law. We may use a collection agency and you agree to
pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to
collect all amounts that you owe, including late fees. If your credit card, check, electronic funds transfer payment, including debit,
ACH or wire payment, or other payment is dishonored or returned, we may charge you $25, or the maximum amount allowed under applicable law.
We may also require you to use another payment method, and/or immediately suspend or cancel your Service.
We will not honor limiting notations you make on or with your checks. Late payment, non-payment or collection agency
fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and
non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.
- 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.
- Customer further understands and agrees that SearchBug cannot and does not guarantee the accuracy of the information provided in response to a Customer request. SearchBug's commitment to Customer is to provide the information from its data providers. SearchBug will pass along to Customer any and all information received from the data providers pursuant to the customers request. SearchBug makes no representation that the information provided is current or otherwise accurate. In no event shall SearchBug be obligated to refund any portion of a payment received from Customer based upon the assertion of inaccuracy of the data provided. SearchBug will supply to Customer at the time received and in the same condition it is received the requested information. SearchBug will not check the information for accuracy or otherwise endeavor to verify any part of the information provided.
- No refunds, exchanges, or credit will be given to any customer unless SearchBug fails to provide information in accordance with this agreement. Customer is solely responsible for accurately filling out order form(s) as well as selecting the appropriate search request. SearchBug cannot be held responsible for typos or mistakes given in the ordering information entered by customer. Because all orders are processed immediately, we are unable to accommodate cancellation requests once an order has been submitted and information has been obtained.
- 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.
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