- 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.
- Authorized Use. Only the Customer and the Customer's authorized employees and agents are permitted to log in, access data via API, upload data for processing through the bulk file processing system offered by Searchbug, and log into any Searchbug sites or services to access the products or services provided under this Agreement. Products and services provided by Searchbug may be utilized by any users set up through the Customer's Administrative Account.
- Administrator Functions
- The first active user created is the Administrator account.
- Administrators can add and remove users from the Customer's account
- All account users perform searches using the same Payment Method set up by the Admin and draw from common Prepaid Balance.
- Additional users cannot see or update payment methods. They also cannot see reports run by other users.
- Administrators can run usage reports for all account users.
- Administrator are Responsible for
- All services purchased by users they add.
- Authorizing only qualified users to access the website.
- Monitoring fair and legitimate usage.
- Ensuring that all users adhere to FCRA usage requirements if the Customer is a Restricted Access Customer.
- Unauthorized Access
- Customer must ensure that all users use commercially reasonable efforts to prevent unauthorized access to Searchbug products and services, including the protection of passwords.
- Customer must inform Searchbug immediately upon discovering any actual or potential unauthorized access.
- Customer Responsibilities
- Customer is responsible for maintaining all hardware and software necessary to send Customer Data to Searchbug and receive data, including API responses in XML, JSON, or scrubbed data files.
- This includes, but is not limited to, computers, modems, internet service, necessary email accounts, and any software required to transmit or receive Customer Data.
- Administrator Functions
- General Restrictions. The Customer represents and warrants that all use of Searchbug services will be for appropriate and legitimate purposes, in compliance with all applicable federal, state, and local laws and regulations.
- Prohibited Uses:
- Searchbug services and information must not be used to bother, stalk, harass, threaten, or embarrass any individual.
- The service must not be used to look up celebrities, government officials, other public figures, or individuals under the age of 18.
- Automated Access:
- Customer agrees not to access or use Searchbug services via mechanical, programmatic, robotic, scripted, or other automated search means, except through batch or machine-to-machine API applications approved by Searchbug.
- Reselling Data:
- Customer must not use data from Searchbug to create a competing product.
- Reselling or brokering Searchbug services to any third party without express written consent is prohibited.
- SSN Verification Privacy:
- Customer agrees not to use SSN Verification Tools to check social security numbers using algorithmic or other recognizable patterns.
- Customer must not engage in the credit repair business or resell any information as a Credit Privacy Number (CPN).
- Third-Party Data Providers:
- Searchbug does not own, manage, or maintain the data it provides. Searchbug is using third-party data providers to fulfill customer search requests.
- When using Searchbug, Customer acknowledges they are authorizing third-party data providers to fulfill their search requests.
- Prohibited Uses:
- FCRA Restrictions. Unless you are granted access to regulated data through an
Account with Restricted Access, 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.
- Customer certifies that it will NOT use any of the information it receives through Searchbug services for any of the following purposes:
- Customer's Rights to Use State and Federal Do Not Call Lists.
- Compliance with DNC Laws:
- Customer warrants and represents that the Customer and its employees, agents, and assigns have reviewed, understand, and will comply with all of the following:
- Federal Trade Commission's amended Telemarketing Sales Rule (16 C.F.R. Part 310);
- Telephone Consumer Protection Act ("TCPA") of 1991 (47 C.F.R. §64.1200)
- Commission's implementing or relating to the TCPA or the National Do Not Call Registry ("DNC Registry").
- Customer further warrants and represents that it will use data derived from the DNC Registry solely to comply with these rules and to prevent telephone calls to numbers on the DNC Registry
- Customer warrants and represents that the Customer and its employees, agents, and assigns have reviewed, understand, and will comply with all of the following:
- Rights to Access:
- Customer warrants and represents that it has the right to access and process Customer Data in the relevant jurisdictions, or in each jurisdiction from which federal or state Do Not Call list data is obtained from Searchbug.
- Customer also warrants and represents that it has the authority to submit, access, and/or download telephone numbers from Searchbug through the DNC Registry for the area code in which the telephone number is located.
- Searchbug shall have no obligation or liability if the Customer proceeds without obtaining the proper DNC Registry Subscription Account Number for each required jurisdiction.
- Assignment to Searchbug. To the extent allowed by law, the Customer hereby assigns its rights to access and process the data provided as required by DNC Registries to Searchbug and its third parties for the purpose of performing under this Agreement. The Customer shall immediately notify Searchbug if it loses the rights and privileges to access and process the data contained in the aforementioned DNC Registries.
- Customer agrees to provide Searchbug and its third-party data providers with any information and documentation deemed necessary to prove that the Customer has the appropriate permissions and rights to access and process the requested data. Failure to provide the requested information shall be deemed a material breach of this Agreement, excusing Searchbug from further performance.
- Compliance with DNC Laws:
- Investigator Services.
Searchbug does not provide the investigation services and only passes the exact information you provided to third party investigation service providers
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 the customer expressly releases, indemnifies and agrees to hold harmless and defend Searchbug. Customer agrees that he/she shall not seek to hold Searchbug liable under any circumstances for information sought, the 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 original payment method; credit card, Paypal, check, other payment method. At your request, a refund may be provided by store credit or by Search Tokens. Refund payments made via first class mail if payment is made to Searchbug by check.
- Refer to Guarantee and No Info Refund information on individual search pages for the amount and conditions of the refund.
- All New Customers will be contacted by phone in order for Searchbug to confirm the order, payment provisions and to verify identity of the Customer.
ORDER CANCELLATION POLICY
- Customer understands that orders are assigned to private investigators immediately upon submission and therefore, Customer will have no opportunity to cancel, reconsider or otherwise state a reason why this charge should not be processed and the 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 canceled by the 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 a $25 chargeback fee, 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. 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 any and all audits of our customers, our systems, as well as further requests for information pertaining to their business use case for any searches conducted.
- Customer further agrees that if Searchbug determines or reasonably suspects that Customer is engaging in illegal activities or violating any provision of this Agreement, or any laws or regulations, Searchbug may take immediate action, including terminating the delivery of, and the license to use, the Searchbug services.
- Customer further agrees that if Searchbug determines or reasonably suspects that Customer is engaging in any suspicious activities, such as reselling or brokering Searchbug services or information without an authorized API, making automated queries without permission, or is otherwise violating a provision of this Agreement Customer will cooperate with Searchbug's investigation of suspicious activity and may be required to upload additional documentation, Photo ID, and/or an additional terms agreement with valid signature matching photo ID.
- Fees, Cancellations, and Refund Policy. Fees for use of Searchbug are posted on the various search pages and the Pricing 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, only if they occur due to Searchbug system error. If an error was caused by Customer screen refresh, using browser back button, uploading duplicate files, or otherwise ordering a duplicate search in error adjustments will be at Searchbug discretion.
- 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 suspects that unauthorized use of their account is taking place, you must notify us immediately.
- Customers utilizing Searchbug APIs may request a refund for unused Prepaid account balance at any time. Credit card refunds for unused balance can only be made back to the same credit within 1 year from the original charge, if the card is still active. If the prepaid balance was funded by check, PayPal, bank transfer, the refund will be processed by the same method paid. Prepaid balance may be forfeited for an account that has not been accessed for 365 days.
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Search Tokens are a micropayment system also referred to as $T. Each $T costs 1 cent and is accepted for any service where $T are shown as acceptable payment.
- You buy Search Tokens or $T at the rate of one $T per penny. When you purchase $T in bulk you are awarded bonus $T which are then included in the total amount of $T you purchase. Buying $T in bulk provides discounts ranging from 5% to 29%.
- $T don't expire as long as you remain an active user. An active user is defined as anyone who has logged on to the Searchbug website within the last year (defined as 365 consecutive days). If a year passes and you do not log on, we may send up to three emails to the last email address on file after 365 days of inactivity to remind you. If you cannot be reached or do not log in to your account after 30 additional days, Searchbug reserves the right to expire $T.
- You are purchasing $T and may receive free or bonus $T (issued at no additional charge); neither can be redeemed for cash back. $T are not legal tender and have no value other than exchanging them for services on searchbug.com. Free and bonus $T are not tracked separately and are combined with other $T purchases. All $T sales are final. If you close or abandon your account with a $T balance, any unused Tokens (purchased, free, or bonus) will be lost. Any violation of the searchbug.com T&C will cause immediate termination of your account resulting in lost $T.
- Past Due Accounts and Collections.
if your account becomes past due (shows Negative Balance or Balance Due) due to non-payment by the promised due date for services rendered, or if your monthly recurring charges are rejected and the account becomes past due, you may be charged a late fee. This late fee will be the greater of 1.5% per month (18% annually) or $5 per month, subject to the maximum allowed by law.
In the event of non-payment, we may use a collection agency, and you agree to pay any collection agency fees incurred to collect the payment. Acceptance of late or partial payments does not waive our right to collect all amounts owed, including late fees.
If your credit card, check, electronic funds transfer payment, including debit, ACH, or wire 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 any limiting notations you make on or with your checks. Late payment, non-payment, or collection agency fees are considered 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 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 provided.
- 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 obtained.
- 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, members and managers ("indemnified parties") from and against any and all damages, costs, claims, demands, losses, and liabilities, judgements, awards, penalties and reasonable expenses, including without limitation, reasonable out-of-pocket attorneys' fees and costs of defense (together "Losses") incurred or 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 or any third-party claim, demand, proceeding or litigation asserted by a prospective customer or other person arising out of this agreement or based on a claimed breach of the same by Searchbug.
- SMS Terms and Conditions. Searchbug offers an option to verify billing phone number by providing the code sent by the SMS/Text message. It's a one-time message. You will not receive any more SMS messages from us. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply.
- 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, written or verbal agreement or contract, shall be of no effect.